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Neither spouse may claim to represent the other without express permission

Last reviewed: September 12, 2026 — VerifiedPoder Judicial

In short

Chapter III opens without nuance. Article 398 says the spouses have the same rights and obligations in the marriage, and there the article ends. Article 399 lists those obligations: to live together, to keep respect and fidelity, to protect and succour each other in proportion to their respective personal and economic capacities. Note the ending, because that proportion is not decoration: the article grades the duty by what each can do. Article 400 is the chapter’s longest and most modern. It obliges the spouses to direct by common agreement the family they constitute, to strengthen the bonds of affection, respect and solidarity uniting its members, and to attend to its essential needs with their own and common resources. And it adds two duties that are rarely read: they must always act in the family’s interest, and keep each other informed of the state of matters that may affect the personal and economic well-being and stability of the couple and the family group. It is a continuing duty of disclosure, written into the Code. Article 401 says the spouses must decide jointly the conjugal domicile and the family’s residence; it gives neither the last word. And Article 402 closes with the rule most ignored in practice: one spouse may not claim the representation of the other without it having been expressly conferred by the represented spouse, by judicial authority or by law. Being married is not a power of attorney.

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What is it?

It is Chapter III of Title III of Book Two of the Civil Code of 2020, Articles 398 to 402: what spouses owe each other and what one may not do for the other.

Who can do it?

Anyone who is married, and anyone about to contract with someone claiming to act for their spouse.

Requirements

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: Start from equality

    Article 398: the spouses have the same rights and obligations in the marriage.

  2. Step 2: Read the list of duties

    Article 399: live together, keep respect and fidelity, protect and succour each other.

  3. Step 3: And its measure

    The same article grades them in proportion to the respective personal and economic capacities.

  4. Step 4: Direct the family together

    Article 400: they must direct the family by common agreement and always act in its interest.

  5. Step 5: Keep each other informed

    The same article obliges disclosure of what may affect the couple’s personal and economic stability.

  6. Step 6: The domicile is decided by two

    Article 401: the spouses must decide jointly the conjugal domicile and the family’s residence.

  7. Step 7: And to sign for the other, you need a power

    Article 402: representation must be conferred expressly, by judicial authority or by law.

Where to do it

These five articles describe no procedure before any agency. The Code states the duties here and does not say how they are enforced, before whom, or what follows from breaching them. It does not define the family’s essential needs. It does not say what happens when the spouses cannot agree on the conjugal domicile, although Article 401 requires them to decide it jointly. And it does not say how far Article 400’s duty of disclosure reaches, or what happens if one stays quiet. The economic regime of marriage is another Title of the Code and this site covers it in separate guides. None of those gaps is filled here.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

Of this chapter, the article that prevents the most trouble is the last. Article 402 says one spouse may not claim the representation of the other without it having been expressly conferred by the represented spouse, by judicial authority or by law. Translated: being married is not a power of attorney. Signing a contract, a sale, an application or a waiver for your partner because you are married is not enough, and on the other side, accepting the signature of someone claiming to act for their spouse without seeing the power leaves the deal lame. If one must act for the other, a power is granted, or the court is asked, or it is checked that a law allows it in that particular case. The second article worth knowing is 400, for its second half: the spouses must keep each other informed of the state of matters that may affect the personal and economic well-being and stability of the couple and the family group. It is a continuing duty, not a formality. A growing debt, a business going badly, a guarantee that was signed: the Code places them inside what must be told. The article does not say what happens if it is not told, and no consequence is invented here. About Article 399’s duties there is a nuance lost when they are quoted from memory: living together, respect, fidelity, protection and succour all come with the tag that they are owed in proportion to the respective personal and economic capacities. And about the domicile, Article 401 gives neither of the two the last word: it orders it decided jointly, without saying what happens if there is no agreement. MiPRFácil does not represent anyone in court and gives no legal advice.

Common mistakes

  • Signing for your spouse because you are married: Article 402 requires express, judicial or legal conferral.
  • Accepting the signature of someone claiming to act for their spouse without seeing the power.
  • Quoting Article 399’s duties without the tag about proportion to each one’s capacities.
  • Forgetting the duty to keep each other informed of what affects the couple’s economic stability.
  • Believing one of the two decides the domicile: Article 401 orders it decided jointly.
  • Expecting the chapter to say how these duties are enforced: it states them and enforces nothing.
  • Looking here for the economic regime of marriage: that is another Title of the Code.
  • Assuming the Code settles a disagreement about the domicile: it does not say what happens then.

Frequently asked questions

May I sign for my spouse?

Article 402 says no, unless the representation was expressly conferred, by judicial authority or by law.

What do spouses owe each other?

Article 399: live together, keep respect and fidelity, protect and succour each other in proportion to their capacities.

Must you tell the other how the business is doing?

Article 400 obliges keeping each other informed of matters that may affect the couple’s and family’s personal and economic stability.

Who decides where the family lives?

Both. Article 401 says the spouses must decide jointly the conjugal domicile and the family’s residence.

Official sources

These are the government pages this guide is based on.

Last verified

September 12, 2026

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