With or without a marriage contract, the spouses must contribute to the expenses of the common life

Two spouses marry under the separation of property regime. Their marriage contract includes a clause on the contribution to marriage expenses. This clause indicates that

each of the spouses shall be deemed to have contributed their share on a day-to-day basis, so that no account shall be made between them in this respect

. It also states that

they will have no recourse against each other for expenses of this nature

.

The spouses live separately from the year 2013. In 2016, the wife assigns her husband as a contribution to the expenses of the marriage. At the same time, the spouse initiates divorce proceedings. A judgment of the Family Court judge ordered him to pay his wife a sum as a contribution to the expenses of the marriage. The spouse appeals to the Court of Appeal which declares the application for a contribution to the costs of the marriage inadmissible on the basis of the clause of the marriage contract.

The Court of Cassation quashes and quashes the judgment of the Court of Appeal. The clause inserted in the marriage contract does not prevent the spouse who requests it in court from obtaining a contribution for the future to the expenses of the marriage. On the other hand, since the clause prohibits any claim for the past period, the wife cannot get anything before.