Marriage

When two persons marry, by default, they produce a community of acquests in which any assets and liabilities they acquire or contract during their marriage vest with both spouses jointly and equally. On the other hand, assets and liabilities acquired or contracted by each spouse before their marriage, or assets received by donation or succession during their marriage, continue to vest solely with the respective spouse as paraphernal property.

A pre-nuptial (or ante-nuptial) marriage contract is an agreement entered into before marriage by which the parties agree whether they will have a community of acquests or whether their estates will remain separate. A post-nuptial marriage contract is an agreement entered into during marriage by which the parties agree to change the way their estates are regulated, subject to court authorisation.

Where spouses marry without a pre-nuptial marriage contract and, therefore, share a community of acquests, or where they married with a pre-nuptial marriage contract choosing the community of acquests, they may vary this arrangement through a post-nuptial marriage contract. They may terminate the community of acquests, liquidate it by assigning its assets and liabilities between themselves, and thereafter hold their estates separately so that future assets and liabilities vest solely with the acquiring or contracting spouse. Alternatively, they may terminate the community of acquests yet keep its existing assets and liabilities in co-ownership between them, separating their estates only for future assets and liabilities.

Where spouses marry with a pre-nuptial marriage contract choosing the separation of estates, they may, through a post-nuptial marriage contract, establish a community of acquests for future assets and liabilities to vest with them jointly and equally.