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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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My American daughter is marring a French pharmacist in

Customer Question

My American daughter is marring a French pharmacist in France who he is asking her to sign a standard “certificat du notaire” (for which we could not get a copy of it so far) claiming that this is for their protection from troubles or debts which may occur to his business as he is a partner in a pharmaceutical lab in Paris. So my questions are:
• Regardless of the “Certificat du Notaire”, in principle, if they get divorced after certain period, does she has any rights in the value of his share in the lab, or as he owned his share prior to their marriage so in any case she will have no right whatsoever in his share?
• He is also claiming that if they buy a house in the future, it will be totally in her name again for their protection, but in the several states in the US even if the house is in the name of the wife or the husband, still they both share the value of the house in case of divorce, so is it the same in France, or if the house will be in her name, he will not share the value of the house in case of divorce?
• Would you advice to sign a standard certifica du notaire?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning,

I am going to try to best answer your question.

I am not licensed to practice law in france. I am licensed to practice law in Pennsylvania and Georgia. I have been practicing divorce and family law for 17 years.

My strongest advice is that the actual agreement needs to be reviewed by an attorney who practices Divorce Law in France. I understand that her fiancee says it is a standard agreement. However, that is extremely nebulous. If it is worth writing and signing it is definitely worth reviewing. The other thing that doesn't make sense is that if there's so much worth protecting and also such a danger of liability why is it only worth a "standard" agreemenr?

I would be willing to bet that there are terms and conditions as to the valuation of the business in the event they are divorcedirected or his death, limitations on what she is entitled to for support / alimony and also limitations as to any interest she can acquire as result of the marriage. This is probably a prenuptial agreement that he's asking her to sign. Lastly, if what he says is true with regards ***** ***** risk associated with his business then you do want to make sure that your daughter is adequately protected and that the agreement he wants her to sign is prepared properly. I HIGHLY and STRONGLY recommend not signing this agreement unless she fully understands what it entails.There is something wrong with his story. The purpose of having someone sign an agreement is so that the agreement can be held against them and that they have waived or relinquished some interest or right. There are many things he can do to protect her from debts and liability of his business that do not require her signature.

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