3 How can the spouses arrange their property regime?
3.1. Which provisions can be modified by a contract and which cannot? Which matrimonial property regimes may be chosen?
The spouses can arrange their property regime by way of contract where they opt for the community of property regime to be applicable, provided that the rules of compulsory law are not infringed by such contract. In this contract the spouses may regulate details relating to the extent of the common property, how the common property is to be managed, when it expires, etc. This contract may not refer to custom, laws which are not in effect, or foreign laws.
3.2. What are the formal requirements and who should I contact?
Formal requirements for adoption of the community of property regime are: a) the contract must take the form of an authentic instrument and b) it must be entered in a special public register specifically held for that purpose (Art. 1403(2) HCC). Spouses interested in preparing such a contract must contact a civil law notary to have it drafted.
3.3. When may the contract be concluded and when does it come into effect?
This contract may be concluded either before or after the marriage and takes effect when it is entered in the special public register.
3.4. May an existing contract be modified by the spouses? If so, under what conditions?
Spouses can freely amend the existing contract under the conditions laid down in point 3.2.
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