Spouses have the same rights and obligations, regardless of whether they are married or joined in a civil union:

• They must live together;
  
• They owe each other respect, fidelity, support, and assistance;
  
• They are both responsible for the moral and material direction of the family;
  
• Together they exercise parental authority and assume responsibility for related tasks such as nourishing, maintaining, and educating the children (consult the Infosheet entitled Parental authority);
  
• Together they choose the family residence;
  
• They contribute to the family expenses;
  
• They each retain their respective names and exercise their civil rights under this name.

The spouses may not, even by agreement, derogate from these rights and obligations.

The marriage or civil union contract may contain other obligations. For example, one spouse may undertake to give the other one a sum of money, either at the time of the ceremony, at another moment, or upon his death.

The couple jointly decides where to establish the family residence. The law grants special status to the family residence, which is presumed to be the residence where family members live while carrying out their main activities, unless expressly stipulated otherwise.

The family residence enjoys special protection. Hence, you need your spouse’s consent to sell, rent, or mortgage it, even if you are the sole proprietor. The spouse who did not sign the lease of a rented family residence can send the landlord a notification of family residence, so that the lessee-spouse cannot terminate, transfer, or sublet the residence without her written consent.

For more on this subject, consult the Infosheets The family residence's special status and .The legal aspects of moving out.

The spouses jointly manage the family finances. They both have a say regarding the family budget and should consult each other before committing to major expenses.

Each one contributes to the household expenses in proportion to their respective means. In other words, the spouse with the higher income contributes more to the family expenses. One of the spouses may make his contribution through his activities within the home, for example, by doing housework or looking after the children.

Consequently, provided the rule of proportional contribution has been respected, the fact that one spouse contributed more to the expenses will not affect how the family patrimony or matrimonial regime is split. Their value will be equally divided upon separation from bed and board or dissolution of the marriage or civil union.

While both spouses are responsible for the household finances, it often happens that one of them has to make a financial decision on behalf of the family.

A spouse who alone enters into a contract for the daily needs of the family binds the other spouse, except when the couple is separated from bed and board. This rule, called a “domestic mandate”, is clearly established for married spouses and probably also applies to couples joined in a civil union. “Daily needs of the family” generally refers to food, clothing, maintenance of the children, medical care, and housing expenses. In short, it includes everything that the family needs, within the limits of their lifestyle and the spouses’ means.

However, one of the spouses may notify a supplier that she will not be responsible for future purchases or other transactions entered into by the other spouse. From that point on, she will no longer be obligated toward that supplier.

It may happen that your spouse is unable to express his will, or is unable to do so in due time because he is seriously ill or you cannot contact him. In such case, you are presumed to have a mandate to represent your spouse and make any decision in the family interest.

Each spouse can sign a mandate authorizing the other to make appropriate decisions alone, thereby avoiding a difficult situation.

In many cases, spouses who cannot agree on an important decision regarding their family’s welfare are on the verge of separating and seeking a court order for separation from bed and board, divorce, or dissolution of civil union. They can then either begin family mediation or initiate legal proceedings. Please consult our Infosheets on these subjects.

Spouses who wish to continue living together may ask the court to decide the issue based on the family’s best interest. In addition, one of the spouses may ask for court authorization to enter alone into a contract that would normally require the other’s consent, such as the sale of the family residence.

The spouses’ rights and obligations toward each other terminate upon the dissolution of the marriage or civil union. It is important to remember that separation from bed and board does not dissolve a marriage. Please consult our Infosheet on legal separation.

An ex-spouse may sometimes be required to pay support to the other spouse once the marriage or civil union has been dissolved. This obligation only arises if the ex-spouse is in need. For more information consult our Infosheet on spousal support.

Children are not deprived of any rights when a marriage or civil union is dissolved. Parents’ rights and obligations toward their children remain intact.