If you are married, your spouse can be protected by means of a gift between spouses of future assets, better known as a gift to a surviving spouse. Or, if you have no prior children, your spouse can be protected by a change in the matrimonial regime or via a will.

If you are a common-law spouse or in a civil partnership (called a PACS in France), your partner may be protected either by a gift of present property, an arrangement requiring some forethought because the donor immediately and permanently relinquishes ownership of the property, or via a will.

It is important to note that a common-law spouse or a partner in a civil union, called a PACS in France, may be protected only up to the amount of the disposable portion. In addition, if you do not make a gift or a will in favour of your common-law spouse or civil partner, s/he will not be entitled to receive anything from your estate. The civil code gives a much less favourable treatment to a common-law spouse or a civil partner than to a married spouse.