Following the statutory matrimonial regime, the common property is in principle divided equally between the spouses. If you want your spouse to receive a larger share, you can include in your marriage contract either a clause allocating the common property in its entirety (this clause is also known as “all assets to the survivor”), or an optional clause leaving a choice to the surviving spouse in this regard. You can also include a “contractual institution” (donation of future assets between spouses) in or outside the framework of your marriage contract.

If you do not make any provisions, the law will automatically grant the surviving spouse the usufruct of the whole succession of the deceased (i.e. merely a usufruct of half of the joint property that belonged to the deceased, but with the other half going into the surviving spouse's full ownership), and even more if the couple has no children or does not leave any heirs behind. Furthermore, the surviving spouse can never be deprived of the usufruct of the family home and furniture therein.

Please ask your notary for advice to find out exactly what to do with your assets in the light of your personal circumstances and number of children. Your notary will run through the consequences of every option.