Withdrawal from application of parental union patrimony

Once the parental union has been formed, you and your spouse can agree that the rules of parental union patrimony will not apply to you in the future.

To be valid, any withdrawal must be made before a notary.

If the withdrawal is made within 90 days after the parental union begins (usually at the birth of a child), the parental union patrimony will not be formed.

If you withdraw from the parental union patrimony after this 90-day period, you will be required to partition what has accumulated between the beginning of the parental union and the date of withdrawal.  

Additions and exclusions

In the case of a parental union entered into by mutual agreement, you can stipulate in your agreement that the parental union patrimony rules will not apply to you, so that no parental union patrimony will be created.

However, for the withdrawal to remain valid in the event that you and your spouse become parents of a new common child, it must be confirmed by notarial act within 90 days of the child’s birth or adoption.