Family Law and Marital Property Matters
Marriage and its property regime
The default regime is statutory joint property: property acquired during marriage is joint, while pre-marital property, gifts, and inheritance remain separate. A marriage contract may alter this, but it cannot worsen the position of children or of a spouse in a way contrary to law, and it requires notarial form. Know when the contract can be concluded, amended, or terminated, and the rule that it binds third parties (notably creditors and buyers) only once they knew or it was registered as required.
Consent and disposal
Disposal of joint immovable property and of property subject to registration requires the other spouse's notarised consent. A trap: a spouse's general power of attorney is not the same as consent to a specific transaction. Another: consent given under pressure may later be challenged.
Children
Cover parentage, adoption (which in many cases requires notarial or court involvement), and the protection of the child's property. Notarial acts involving minors require guardian consent and, in statutory cases, court authorisation. Alimony agreements may be notarised and then have enforcement force.
Division of property
Division may be by agreement (notarial) or by court. Know how joint debts are allocated, how non-monetary contributions are treated, and the three-year limitation for division claims after divorce.
Rule of thumb
Ask two questions for every family-related act: 'Is the asset joint or separate?' and 'Is the specific consent of the other spouse on file?' If either answer is unclear, do not certify.
Worked example: A husband sells an apartment bought during the marriage. The wife's general power of attorney to 'manage all family property' is on file. This is insufficient: the notary needs her consent to this specific sale, or her participation as a party.