If you have a marriage contract signed before a notary, you must find out how the clauses of the contract apply in the event of a separation or divorce.
De facto separation
A de facto separation has no legal effect. All the clauses of your marriage contract remain in force since, in the eyes of the law, you are still married.
Legal separation
Following a judgment granting a separation from bed and board (legal separation), certain clauses of your marriage contract remain in effect, since not all the bonds of marriage have been broken. You can change the testamentary clause leaving all property “to the surviving spouse”, unless it is clearly marked as being “irrevocable”. In this case, you must obtain the consent of your former spouse in order to change the clause.
Divorce
Following a divorce, your marriage contract is no longer in effect, since you are no longer married.
Note
Since each marriage contract is different, you should contact a legal adviser to ascertain your rights.
