Family Law and Other Civil-Law Matters Requiring Notarial Acts
What this domain tests
This domain covers notarial acts that shape family property and child-related relations: marriage contracts, agreements on division of marital property, alimony agreements, and consents used in family and travel matters.
Core rules
- A marriage contract may be concluded before marriage or during it, but only in notarial form. It regulates property rights and duties, not personal non-property relations and not the rights and duties of parents toward children.
- An agreement on division of jointly acquired property is notarized. The notary checks marriage status, title documents, and whether the property is joint or personal.
- An alimony agreement is notarized and must respect mandatory child-support guarantees; it cannot leave a child below the statutory level.
- Consent of a spouse is required for disposal of common property in cases set by law. The notary verifies identity and marital status and explains that concealment can invalidate the transaction.
- Notarized parental consent is commonly required for a minor’s travel abroad; the notary checks the parent’s identity, the child’s data, the destination and duration.
- The notary must protect the weaker party and the child’s interests, explain consequences, and refuse acts that contradict mandatory family law.
Worked example
Two spouses come to divide an apartment bought during marriage. The notary checks the marriage certificate, the title document, and whether there is a marriage contract. If the flat is joint property and both spouses agree, a notarized division agreement can be prepared. If a third party’s mortgage exists, the notary must ensure the creditor’s position is not ignored and that the document accurately describes the encumbrance.
Traps
Drafting a marriage contract that controls child custody or personal rights; treating an oral division as effective; accepting an alimony agreement below mandatory support; missing a spouse’s consent; failing to verify the child’s age and the consenting parent’s authority.