Have your ancestors signed a marriage contract?
We were talking about it in a previous article, marriage contracts can be rich in information useful for your genealogy.
What is a marriage contract?
A marriage contract is drawn up by a notary before marriage. It sets certain rules before the union of two spouses and two families.
Will be defined in the marriage contract:
• The various contributions (inheritances, downs, hopes) of parents and future spouses
• the own property of each of the bride and groom
• The goods excluded from the community according to the regime chosen (community or separatist regimes)
• widowhood conditions
• The goods that will be bequeathed to children
• the place of the parents of the spouses when they are too old
Among other things ...
These contracts were drawn up by a notary between 1 day and 2 months before marriage.
💡 Did you know?
Until 1938, the husband enjoyed marital power. The woman was under the legal control of her husband. He could manage his commons and their commons. She could not sign a contract without the permission of her husband.
It was not until the law of February 18, 1938 to abolish this marital power and 1942 that women can obtain a domestic mandate (which can still be withdrawn).
It is the law of July 13, 1965 that allows each of the spouses to engage in their personal name. Both are also automatically engaged, jointly, for household maintenance and children's education.
How to find a marriage contract in the archives?
Wedding contracts are most often classified in the notarial archives of the Departmental Archives (series E).
If you are looking for a marriage contract after 1850, it will be mentioned in marriage acts. Practical to go faster! You will then be aware of the date of the contract, the place and name of the notary.
If your ancestors got married before 1850, then you will have to go fishing for the marriage contract. Note that it was very common to make one at the time, even for the poorest families (except in Brittany where it was rarer).
The elements that will help you find a marriage contract:
• The name of the notary - he is not always the one in place at the place of marriage or residence of the spouses.
• The year of marriage
• the possible places of the contract (commune of marriage, of the spouses' residence, etc.)
• The names of the future spouses (obviously)
You will certainly have to go there, to the departmental archives, to find a marriage contract, because few of them have been scanned and put online.
However, to guide your research, you can start by consulting the alphabetical tables. These alphabetical tables by name of notary will help you get your hands on the right notarial minutes registers. The filing of archives and the bundle of the bundle will be requested.
Some additional resources:
Read a notarial deed: the marriage contract
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