How to change your matrimonial property regime

How to change your matrimonial property regime

I read an article you wrote in the Tribune de Genève about the separation of property. You explained the advantages and disadvantages of this special matrimonial property regime. I'd like to know what the procedure is for changing my matrimonial property regime.

P. Geneva

The system of separation as to property, as its name suggests, allows a clear distinction to be made between the property belonging to each spouse. This means that, in the event of divorce, each spouse gets back his or her property and the matrimonial property regime is not liquidated.

A distinction must be made between cases where only one of the spouses wishes to be governed by the regime of separation as to property and cases where this is the result of an agreement.

In the first case, if the spouses are separated, article 176 of the Civil Code (CC) provides that the court may, at the request of one of them, order a separation of property if the circumstances justify it. This is particularly the case where the couple have ceased to live together and the economic relationship between them has become unbearable. If the spouses are not separated, Article 185 of the Civil Code governs the grounds on which separation of property may be ordered: these include situations where one spouse is insolvent, the interests of the other spouse are jeopardised or the spouse is permanently incapable of discernment.

In the second case, i.e. where both spouses wish to change their legal system, article 182 of the Civil Code allows a change of legal system to be requested before or after the marriage. It should be noted here that article 184 CC requires the new marriage contract to be drawn up in authenticated form. In Geneva, this means that it must be drawn up by a notary. However, if they live separately, ex-spouses often draw up an agreement that governs, among other things, their right of access to any children and questions of maintenance contributions. If the agreement is ratified by a judge, judicial certification has the same effect as notarisation.