What matrimonial regimes in the US?? How can we choose one?

[FaustInAK 1]

Hello...

I am concerned about matrimonial regimes. Here in France, it is a big deal, there are different matrimonial regimes and couples planning to marry must choose a matrimonial regime, and since there is no perfect matrimonial regime, it is up to the partners to weigh the pros and cons of each regime and make the best choice for their situation and plans. The matrimonial regime affects only property excluded from the family patrimony and takes effect as soon as the marriage is solemnized. The intended spouses can choose one of three matrimonial regimes: partnership of acquests, separation as to property, and community of property.. I guess it is the same in the US.

My fiance and I would maybe like to choose the one stated "separation as to property", not in case we divorced (hopefully that will never happen), but in case one of us has a money problem for example, so that the other one won't be affected by that and so they won't lose everything.

Anyway, does anybody know where to have more information about these regimes? Can choosing an unusual regime be an issue for the AOS application? Do we need to send extra docs to USCIS that reflect the regime you chose??

I am not really sure how it works in the US... In France, it is kind of a pain to sign such a deal. I hope it is not the same over there. Do you know in case we at first decided to get married under the normal regime, if we then could change the matrimonial regime??

Thanks a lot for your help

Faustine

[payxibka 10,045]

No such regime choices here from a marriage standpoint...

[mybackpages 0]

Each state sets their own rules and regulations for marriage. Best to check with the state you are planning to marry in for specifics. I know Louisiana (whose laws are based on Napoleonic code) requires couples to make this choice when marrying, but I have not heard of any other state having this requirement.

Hope this helps.

[FaustInAK 1]

Each state sets their own rules and regulations for marriage. Best to check with the state you are planning to marry in for specifics. I know Louisiana (whose laws are based on Napoleonic code) requires couples to make this choice when marrying, but I have not heard of any other state having this requirement.

Hope this helps.

Thank you... You are right, I think it totally depends on where you are. But I cannot anything stating such regimes where I am going to get married, in Alaska. I don't know why it is such a big deal in France. I have to do a few things before our marriage anyway to officialize our marriage in France aswell. So I will probably have to ask the french consulate about that... But if it doesn't have any value here in the US, I don't really see the point... The problem could only matter if we ever decide to go live in France... But it is not going to be before a little while, so...

But thanks for your help!

[Cécy 44]

I think what would be best to do is a "prenuptial" I think that's what it's called. It's the equivalent of a "contrat de mariage", but I doubt it protects you if your husband has financial issues and vice versa.

[FaustInAK 1]

I think what would be best to do is a "prenuptial" I think that's what it's called. It's the equivalent of a "contrat de mariage", but I doubt it protects you if your husband has financial issues and vice versa.

Yes thanks... I just figured out that it was the so called prenuptial agreement. And apparently in the US, it is always associated with divorce, hence the very negative feeling of everyone about it... I see the French prenup totally differently.. It once prevented my parents from loosing everything because my father had troubles and they fortunateely had time to put everything under my mother's name... Anyway, it sounds like it is super painful to go through all the process in the US, it is more like fighting against your fiance thinking of divorce even before getting married. That sucks. I read a lot of post, people are all super negative about it and some of them have even broken up because one wanted the other to sign for a prenup. That sucks! Fortunately for me, when I told my fiance that maybe it would be good to sign for a prenup, he just explained to me that it didn't exactly mean the same in the US than in France and as he knows why I was referring to such an agreement, he didn't go mad.. Hehe. Well, I know now that such an agreement is maybe not the best idea for now. So, that is what I wanted to know!!!

Hooray!!

[payxibka 10,045]

In the US, the prenup is suppose to protect the marital participants from each other... It has no effect on parties who are not party to this contract (lendors, IRS, banks, etc...)

Edited June 12, 2008 by fwaguy