One of the key factors in the emancipation of women in couples concerns financial autonomy. The UN has also developed an entire eponymous program on a global scale. In France, the 20th century marked a turning point, notably in 1985 with the authorization granted to women to open a bank account without their husband’s consent. However, inequalities persist and even grow. This is the case for economic resources: income differenceaccess to property, inheritance, credit or even investment. For defenders of equality, however, it is an essential guarantee in the acquisition of women’s freedoms. Estelle Amram, notary in Paris, is involved in this cause. In 2019, she founded Notarielles, the first association of women notaries. Beyond sharing skills and experiences, it also provides legal support to various women’s associations. Here is his legal and financial advice for acquiring more economic independence with regard to what French law allows you to do in 2024.
The importance of being informed
Cohabitation, civil partnership, marriage: a “woman can be harmed if she is not well organized to constitute her heritage. This is expected and requires help.” All stages of life are important. Estelle Amram reminds us that it is never too late: “We must be attentive throughout the life of the couple. Rules of life, management and vigilance will allow us to manage well afterward. It is not necessarily in opposition but in preparation. This is what allows situations to be balanced.“. And the statuses (partnership, separation, divorce, etc.).
Bills in favor of women’s economic independence
Balancing situations starts with finding out about your rights and, “from high school“, specifies the president of the association. Parents also have an important role to play in transmitting it to their children, both boys and girls.
Among the recent laws and projects to keep in mind:
- 2021: the “Rixain” Law on the acceleration of professional economic equality
- Early 2023: tabling of a bill including 7 measures to reduce financial inequalities between women and men (divorce, professional, banking, tax and inheritance rights, etc.) by Marie-Pierre Rixain, La République en marche MP.
- October 1, 2023: the deconjugalization of the Allowance for Disabled Adults (AAH). This means that the income of the spouse of a disabled adult, previously penalizing in the calculation of the allocation of aid, is no longer taken into account.
Couple life: these 2 basic rules to integrate
“Knowing your rights is already reassuring, mastering them means protecting yourself“, indicates Estelle Amram. For this, she recommends integrating 2 basic rules of life for the common life of a couple:
- For her, the beginning of economic independence consists of maintain a separation of bank accounts. It is “a guarantee of independence and autonomy” which “does not prevent having a joint account into which the sums necessary for current household expenses (children’s expenses, rent, etc.) are transferred“.
- Second point: “keep access to all banking and financial access codes and control of one’s assets and its income. Indeed, one of the elements of economic violence between a couple is the monopolization of financial powers by the other.“Whatever the importance of their assets, the notary recommends that each member of the couple have their say”on all investments and major purchases. Everyone must get into the habit of contributing to wealth expenses and not just daily household expenses.“. Ultimately, other risks include the loss of financial or financial autonomy or simply the management of one’s life.
Civil partnership or marriage: which contract regime to choose?
In the commitment of a couple (pacs or marriage), spouses are subject to a choice between two diets : separation of property or community (for marriage) and joint ownership (for civil partnership). Estelle Amram explains: “the community aggregates all income and real estate acquired during the marriage” while “separation of property individualizes property as well as income, debts and real estate“.
His advice is to go on a case-by-case basis. “You must seek the advice of a notary to find out what is the best matrimonial regime adapted to your personal and property situation.“To better understand the issues related to each regime:
- The separation of assets allows 2 partners with income to dispose of them properly. “This protects assets, earned money and individual life situations.“
- On the other hand, community (marriage) or joint ownership (pacs) is “a more protective regime if one of the spouses does not work.“
2 ways to protect your spouse
There are two ways to protect your spouse during life as a couple, in the event of an accident or death:
- Donation between spouses. She permits “to increase the spouse’s rights vis-à-vis the heirs in the event of death”. In the case of a civil partnership, “a will must be made allowing the partner to remain in the house and be protected.“Because it is not because the children are minors that the spouse can dispose of the property and money:”To obtain a deed of sale of property, the remaining spouse will need authorization from the guardianship judge.“.
- For further, it is also possible to make a change of marital regime. This especially applies to long-term couples. “You were married under the regime of separation of property or under the regime of community, you can choose to change to the universal community. This will be possible under certain conditions. The goal is to protect those who remain by attributing to them the entire heritage.“. Since for any matrimonial change, the intervention of a notary is obligatory, do not hesitate to ask for advice.
The importance of non-guaranteeing commitments
Last important point with regard to Estelle Amram and not the least: the notary recommends being “vigilant in guaranteeing the commitments of the other’s life“, that is to say for act as guarantor or guarantor for one’s debts, particularly professional ones. Explanation : “If you have a partner who makes professional commitments (credit for the purchase of premises) and the bank asks you for a deposit, you must think carefully before providing security for the other’s commitments.” The notary particularly warns about “certain professions such as the liberal professions, artisans, traders. In the event of difficulty, you may be obliged to repay on their behalf, even if you are separated or divorced.“