Notary family law: union, separation, adoption

Updated on Thursday 6 August 2026

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I am in the process of divorcing my husband, the non-conciliation order has just been made. If I acquire a property (married in community regime), will it belong to me in its entirety?

Buying real estate during divorce proceedings is possible, but the operation is risky. Under the old contentious divorce regime (procedures initiated before January 1, 2021, as in your case), the date of the effects of the divorce between the spouses is fixed on the date of the ONC, subject to…
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I wish to adopt (simple adoption) the adult children of my wife. I have adult children myself, born from a previous union. Do they have to consent to this adoption ?

No . When the adopter himself has children, the court called upon to rule in regard to the adoption verifies that it is not likely to compromise family life (art. 353, para. 3 C. civ. by 361 reference). However, as part of the documents which need to be provided in…
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A few years ago, my mother had her notary draw up a mandate for future protection and appointed me as proxy. I've accepted this responsibility, but I'd like to give it up. Is this possible?

Yes, but under certain conditions. As long as the mandate has not taken effect, you can renounce your status as mandatary (art. 489 al. 2 C. civ. and 492 al. 3 C. civ.). You must notify your decision to your mother, the mandator, by registered letter with acknowledgement of receipt…
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Can we change matrimonial property regime?

Yes. Spouses may change regime at any time by notarial deed. However, if opposed by an adult child, protected adult/minor’s representative, or creditor, court approval is required. When minor children exist, the notary may request approval if the change harms their interests (Civil Code, Article 1397).
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My spouse refuses to contribute to household expenses on the grounds that my salary is higher than his. Does he have the right?

No. Married couples are required to contribute to the expenses of marriage and the maintenance of children, regardless of their matrimonial regime. The wedding expenses include various expenses, in particular those relating to accommodation and food. If the spouses are free to provide in their marriage contract a distribution of…
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