Marriage is a legal action through which couples engage in sharing their lives and in contributing to household chores while remaining submitted, notably to the laws of familial patrimony. Unlike unwed couples, married couples have successorial duty and can inherit from one another in the absence of a will.
Married couples can choose the matrimonial regime that will shape their union. The regime of the partnership of acquests is the legal regime imposed by the legislator in the absence of a marriage contract. This means that all property or goods that is acquired before the marriage, donated or inherited will remain your own. All the rest of your belongings are considered acquests and belong to both parties, equally. Any debt contracted after the wedding are equally shared, no matter who contracted the debt. Under that regime, each spouse remains administrator of his private property. On the other hand, the consent of the other spouse is required for any disposal of acquisitions. At the time of the dissolution of the marriage, all acquisitions will be shared between both parties.
Couples can also choose a regime of separation as to property. Each party can dispose of its goods as it likes, without consent, with exceptions concerning house and furniture. Debts contracted during the marriage are the responsibility of the one who contracted it. This regime gives couples complete autonomy from each other. At the time of the dissolution of the marriage their will be no sharing of belongings with exceptions concerning houses and furniture.
It is by the writing of an authenticated contract of marriage, adapted to the couple's situation, that the choice of a matrimonial regime can be made. It is also in that contract that couples agree, in advance, to the consequences of a rupture. So it is of primary importance that the contract be written in precise terms, by a competent and professional notary, who can guide and advise them during their reflection.
In conclusion, even though no newlyweds think of a possible rupture, they are aware that such an event can occur and it is important to know that a marriage cannot be dissolved without a court judgment. And, contrary to civil union a marriage cannot be dissolved by a notary. However, in regards to marriage, a judicial separation can be obtained. It is not possible to obtain such a judgement with civil union.
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