Legal Actions of Spouses: What Decisions Can You Make Alone and When Do You Need Your Spouse’s Consent?

1.11.2024

Marriage brings both shared responsibilities and joys, along with joint decision-making. Although in daily matters you can usually decide independently, there are situations where you must have your spouse’s consent for your actions. This article will help you recognize when you have “free rein,” so to speak, and when you need to act together with your spouse.

When Can You Act Alone?

In everyday life, there are many situations where you can act without your spouse’s consent. These include daily matters such as grocery shopping, routine household maintenance, or minor repairs. Such decisions typically involve smaller amounts of money and are intended to ensure the smooth running of the household.

Example: Imagine you need to repair the kitchen oven or buy a new cabinet for the entryway. In these situations, you can generally make an agreement on your own—assuming the expenses are not significant.

Non-Routine Matters and Significant Decisions

However, when it comes to more serious matters that could have a significant financial or other impact on the family, the consent of both spouses is required. These measures protect spouses from the risk that one might, without the other’s knowledge, make a decision that would have a major impact on shared finances or property, or otherwise adversely affect the family.

Example: Are you planning to take out a loan for a new car or invest a larger amount in property? In such cases, you must act together. Decisions involving larger investments, changes in housing, or similar fundamental issues require the consent of both spouses.

What to Do If You Cannot Reach an Agreement?

Sometimes, spouses may find themselves unable to agree. If one spouse’s refusal threatens the family’s situation, for example, regarding housing or financial stability, the court can intervene. However, court involvement is generally a last resort—it is always better to try to reach an agreement.

Example: If one spouse disagrees with selling a family property that the other wishes to use to finance new housing, it may be necessary to turn to the court, which will assess the spouse’s intentions and their impact on the family situation.

Are you facing a similar situation and unsure whether you need your spouse’s consent? Are you concerned that your spouse is making risky legal decisions that could endanger the family, and don’t know how to prevent it? Contact us.