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When love is married to the law
9/10/13
Will I pay less tax if I get married? Will my second wife have the usufruct of my home if I die? Should I choose a marriage contract with separate or joint assets? Can a creditor hold me responsible for my cohabitant’s debts? Couples usually face legal issues at some point. Le couple sous toutes ses formes (The couple in all its forms), edited by Paul Delnoy, seeks to answer all the questions that a couple may have, whether they are married, or legal or de facto cohabitants, and whatever their legal issue.
Falling in love, making it official, having children, staying in love, or separating only to start all over again... Such is the life cycle of a couple! It’s not always an easy road, especially when unpleasant events occur: divorce, death, inheritance problems, child custody issues, debt collection, etc. After a couple falls in love, the pragmatism of legal language often enters the picture.
Love is not always very far removed from legal considerations. So we are reminded throughout the 500 pages of Le couple sous toutes ses formes, published by Anthemis (1) and edited by Paul Delnoy, Professor Emeritus in the Faculty of Law at the University of Liège. The book details all of the legal questions that a couple (married or legal or de facto cohabitants) may have during the key moments of the relationship – at the beginning, the middle, and when it ends - due to divorce, separation, or death.
Comprehensive? Without a doubt. This book is written for a professional audience. Lawyers, notaries, and other legal professionals will find concise, "front-line" answers to questions that may come up in certain situations. A selective bibliography offers options for further reading if the problem requires more information.
But Le couple sous toutes ses formes might also appeal to a wider audience. Non-specialized readers who are not afraid of a little legal jargon (tontine or deceased clauses, acquests, inter vivos donations, and many more!) will certainly find information corresponding to their particular situation. The book is instructive and even surprising.
Paul Delnoy actually found inspiration for the book in a very concrete situation. "One day, a cohabitating couple asked for my advice," he recalls. One member of the couple was divorced, the other was single. They were wondering which status, either marriage or legal cohabitation, would be better for them in terms of taxes, their pensions, in case of death, etc."
Where can couples find answers to all the legal questions they may have? Until now, there weren't any books that covered all aspects of the law: civil, business, tax, judicial, criminal, labour, social security. The idea to fill that gap became a reality following a symposium on the topic in October 2012 at ULg's Faculty of Law, whose proceedings became the basis for the book that was published a few months later.
(1) Paul DELNOY et al., Le couple sous toutes ses formes, Limal, Anthemis, coll. "Édition du Jeune Barreau de Liège", 2013, 513 p.
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