Family law

Without a marriage contract, spouses are automatically subject to the statutory regime of the community of acquests (default statutory regime). A marriage contract allows you to choose a regime better suited to your situation: separation of property (ideal for entrepreneurs), participation in acquests, or universal community (maximum protection of the spouse). The notary explains the implications of each choice and drafts the deed.

The PACS is more flexible and less protective than marriage. In matters of inheritance, the PACS partner does not automatically inherit: a will is required. In tax matters, PACS partners benefit from the same allowances as spouses for gifts and inheritances. The notary can register your PACS and draft an agreement suited to your needs.

Since 2017, divorce by mutual consent without a minor child can be carried out without a judge, by a private deed countersigned by two lawyers and filed with the notary. This filing with the notary gives the deed its enforceable status (executory force). It is a fast procedure (around 3 months), less costly and less adversarial than judicial divorce.

The donation-partage (lifetime gift and division of estate) allows you to transfer and divide your assets among your heirs during your lifetime. Its major advantage: the gifted assets are valued as at the date of the gift and not at death, which avoids conflicts linked to revaluations. It is an ideal tool for calmly organising the transfer of your real estate or professional assets.

Several notarial instruments help strengthen the protection of the surviving spouse: the will, the gift between spouses (donation au dernier vivant), the choice of a suitable matrimonial regime (universal community with a full-attribution clause), or the beneficiary clause of a life insurance policy. The notary analyses your situation to advise you on the most effective combination.