Family Law Matters in Notarial Practice
Marriage contracts
A marriage contract regulates property relations of spouses and may be concluded before or during marriage. It cannot regulate personal non-property relations, rights regarding children, or restrict legal capacity. Certification requires both spouses' presence, capacity, and reading aloud. Traps: allowing a contract to address custody or personal rights, or certifying after dissolution without checking the legal regime.
Division of common property
An agreement on division of jointly acquired property may be concluded during marriage or after dissolution. The notary verifies the property belongs to the spouses, checks encumbrances, and ensures the agreement does not prejudice creditors or children. Distinguish this agreement from a marriage contract: the former divides specific property, the latter sets the regime.
Maintenance agreements
Maintenance agreements fix the amount, form and timing of support. The notary checks that the terms do not worsen the statutory minimum for dependants. Confusing maintenance agreements with court-ordered alimony is a common trap.
Consent of spouses
For transactions in jointly owned property, the other spouse's consent must be notarised or otherwise documented as required. Absence of consent can invalidate the transaction.
Rule of thumb
Ask whether the document changes the property regime (marriage contract) or divides identified assets (division agreement), then verify consent, capacity and the absence of child-related terms.