Notary family law: union, separation, adoption

Updated on Thursday 1 October 2026

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My brother is considering to adopt his spouse's 2 minor children, she had them before. It would be a simple adoption. Our elderly mother is a widow. In the event that my brother dies before our mother, will the adopted children inherit her?

Yes, but…In the context of a simple adoption, the adopted child inherits from his family of origin and also from his adoptive family (Articles 364 and 368 of the Civil Code). If your brother were to predecease your mother, his adopted children would represent their father in his mother's estate…
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We have just gotten married without a contract, but we have changed our minds and wish to divide our property. Is there a deadline to make this change?

No . Since 2019 it is no longer mandatory to wait two years before being able to change the matrimonial regime. Note : this change must always be carried out in the interest of the family (art. 1397 C. civ.).
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I am divorced and have to pay my ex-husband a compensatory allowance in the form of an annuity. Having accumulated debts, including rent arrears, can I ask for the amount of this allowance to be reduced?

Yes. You may ask the judge (the family court judge) to revise or even terminate it, if you can demonstrate a “significant change in the resources or needs of either party” (French Civil Code, Art. 276-3).
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A few months before her death, my mother took out a loan from a bank. However, I had taken steps to have her placed under guardianship. She died before the judge made his decision. Can I still take legal action and request the cancellation of this loan?

Yes . When a person benefits from a guardianship, only his guardian can request the annulment of the act for insanity of mind (art. 414-2 C. civ. and 475 al. 1 C. civ.) for the protected person's account. This action can also be brought by his heirs but only in…
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My son is under simple guardianship (curatelle simple) and I am his guardian (curateur). He has found an apartment and is about to sign the lease. I won’t be able to attend the signing. Can he sign it without my involvement?

Yes. Even though your son is under guardianship, he retains the capacity to perform certain legal acts independently. Your intervention is only required for more serious acts, for which a guardian would need judicial authorisation, as specified in Article 467 of the French Civil Code. Signing a residential lease for…
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