Family law: supporting you in your life choices

Before founding his office, Maître Azeroual practised for several years in Parisian notarial offices, in particular in family law. The office advises couples, parents and people who wish to arrange protection for a loved one, on its premises or by video call when the situation allows.

Our family law services

Marriage contracts and choosing a matrimonial regime

Without a marriage contract, spouses are subject to the default regime of community of acquired property (communauté réduite aux acquêts): property acquired during the marriage is shared, while property owned before the marriage or received by gift or inheritance remains personal. A marriage contract, which must be executed before a notary before the wedding, allows you to choose another regime: separation of property, which keeps the two estates apart; participation in acquired property, which shares the increase in wealth when the marriage ends; or universal community, which pools all property except property that is personal by nature. It can also adapt the default regime through specific clauses or, in an international situation, designate the applicable law.

PACS

The PACS agreement (pacte civil de solidarité, the French civil partnership) can be drafted and registered by the notary, or drawn up privately and then registered at the town hall. For PACS entered into since 1 January 2007, the default rule is separation of property: each partner remains the owner of what they acquire (earlier partnerships remain subject, unless amended, to a presumption of joint ownership). Partners may opt for joint ownership (indivision): property acquired after this agreement is registered is then deemed to be owned in equal halves, with no claim between them for unequal contributions, subject to statutory exceptions. A notarial agreement allows these rules to be adapted. The notary also points out that a surviving partner does not inherit without a will.

Change of matrimonial regime

The matrimonial regime chosen at the outset does not always suit a couple throughout their lives, particularly when a business is set up, as retirement approaches or to better protect a spouse. Spouses may amend or change it by notarial deed. The notary advises them on the consequences of this choice, informs the persons concerned and completes the necessary formalities. The court may need to be involved in certain situations, in particular where there is an objection to the change or where one spouse is subject to a protective measure. Where necessary, the office also carries out the liquidation of the previous regime.

Gift between spouses, known as “au dernier vivant”

A gift between spouses, or donation au dernier vivant, increases the surviving spouse’s share of the estate, within the limit of the “special disposable portion between spouses”, which is wider than the portion that can be left to a third party. It covers future property and only takes effect on death. When made by notarial deed during the marriage, it may be revoked at any time by the spouse who made it; a gift included in the marriage contract can only be changed by mutual agreement of the spouses. In both cases, divorce revokes it automatically, unless the spouse who made it decides otherwise. Where there are children, the survivor chooses, on the death, among the options the deed allows: the whole estate in usufruct, one quarter in full ownership and three quarters in usufruct, or the freely disposable portion in full ownership; where there are no descendants, the gift can leave the survivor all the property.

Separation and divorce

Separation requires the couple’s assets to be divided: this is the liquidation of the matrimonial regime. The notary draws up the statement of liquidation (état liquidatif), which sets out each party’s rights; a notarial deed is mandatory as soon as the liquidation includes real estate. In a divorce by mutual consent without a judge, the agreement is drafted privately, countersigned by each spouse’s lawyer and then filed with the notary’s records, which gives it a certain date and makes it enforceable. The notary also executes the deed when a compensatory allowance (prestation compensatoire) is paid in kind, by the transfer of an asset.

Protecting your loved ones

The lasting power of attorney (mandat de protection future) allows you to appoint in advance the person who will look after you and manage your affairs if you are no longer able to do so yourself. When executed before a notary, it can give the attorney wider powers than a power of attorney signed privately, in particular for certain acts of disposal. Gifts remain subject to the court’s authorisation; the sale of the protected person’s home is also subject to specific rules. Family authorisation (habilitation familiale), granted by the court, allows a relative to represent or assist a person whose faculties are impaired. The office advises you on these arrangements and acts for the notarial deeds needed to implement them. A will completes these arrangements: see the “Inheritance and gifts” page.

Parentage and adoption

The notary can receive, by authentic deed, the acknowledgement of a child before or after birth. The notary can also take the consents required for an adoption, in particular the adoption of the child of a spouse, PACS partner or cohabiting partner. Where a parent’s consent is required, it may be withdrawn within two months. If the child is over 13, the child’s own consent is also required. The court grants the adoption after checking that the legal conditions are met.

How does a family matter work with the office?

1. Advisory meeting: we listen to your family, professional and financial situation.
2. Choosing the regime or the deed: presentation of the options and their effects during the relationship, on separation and on death.
3. Draft explained: the draft deed is sent to you, with explanations clause by clause.
4. Signing: reading and signing at the office, on paper or by electronic signature.
5. Formalities: annotation in the margin of civil status records, registration, delivery of copies.

Frequently asked questions about family law

The information on this page is for general information only and does not constitute legal advice. Each situation calls for a personalised analysis during an appointment with the notary.