MATRIMONIAL REGIMES
General information...men and women equal before the law


Two types of marriage are possible: civil and religious. Regardless of the type chosen, the rights and obligations of the spouses are the same.

Furthermore, in both cases, certain requirements must be met. They relate to minimum age, blood ties, obligations to others, the officiating minister or official, and delays respecting the publication of the notice of the intentions of the spouses.

With the evolution of our society and its rule, both spouses are equal before the law. They owe each other respect, assistance and fidelity. Both equally share the moral and material responsibility for the home and parental authority. Children born out of wedlock now have the same rights as children issue of a marriage.

An article of the Civil Code provides that each spouse retains his given names and surname after marriage. Other previsions ensure the protection of the family residence. Your notary can give you more detailed information on these aspects of the new Civil Code.

Matrimonial regimes

All spouses, whether united by civil or religious marriage, have a matrimonial regime. This regime lays down the rules for the economic relationships between the spouses, particularly insofar as concerns assets acquired during their life together and the fate of these assets when their life together comes to an end (by divorce, separation or the death of one of the spouses).

A matrimonial regime is a basic undertaking which guarantees mutual understanding as to property rights and provides protection for a sometimes unforeseeable future. It comes into effect upon the solemnization of the marriage and ends upon divorce, the death of one of the spouses or their mutual decision to change their matrimonial regime by means of a deed executed by a notary.


The choice

One should remember that couples married before July 1st, 1970, without having preceeded or followed their marriage with a marriage contract, are subject to the provisions of the regime of community of moveables and acquests. It is more usually referred to as community of property. This regime is no longer governed by our Civil Code, but couples already married under it nevertheless continue to be governed by its rules.

The law presently lays down rules for two matrimonial regimes. The legal regime of partnership of acquests applies automatically to all couples married since July 1st, 1970, and who have not expressly chosen any matrimonial regime. The spouses may also, by marriage contract signed before a notary, opt for the regime of partnership of acquests and add additional conditions or particulars to it

For its part, the conventional regime of separation as to property always comes about as a result of a contract signed before a notary. In marriage contracts all agreements that are not contrary to law are possible between spouses.