A marriage contract is a written notarially contract between the engaged or between the spouses who regulates the property relations of the parties. The marriage agreement is concluded in writing and must be certified by a notary. The marriage contract is concluded between the spouses or persons who applied for the registration of the marriage. The marriage contract takes effect on the day of the marriage registration. The marriage agreement operates indefinitely and regulates the property rights and duties of the spouses also after the divorce.
The marriage contract regulates only the property relations between the parties, determines their mutual property rights and obligations, as well as the property rights and duties of the spouses as parents. The marriage contract can not regulate the personal relationships of the spouses, as well as personal relationships between spouses and children. The marriage agreement can not reduce the rights of the child, and also put one of the spouses in an unprofitable financial position. A marriage contract can regulate property relations that were before the conclusion of the contract and property relations arising after the conclusion of the marriage contract.
Conditions that may be in the marriage contract: the parties can determine the property that one of the spouses transfers to use the common interests of the family and the legal regime of the property that was given to the spouses in connection with the marriage; the parties can agree that the status of the joint joint property of the spouses does not apply to the property that they bought in marriage (such property can be considered a common partial property or personal private property of each of the spouses); the parties can agree on the procedure for dividing property in the event of divorce; the parties may provide for the use of property belonging to children for the benefit of children; the parties may include in the contract other conditions with regard to the legal regime of the property; the parties may provide for the use of property, the right to maintain, the procedure for obtaining and paying off loans, and so on.
If one of the spouses is a citizen of another country, the marriage contract is made by mutual consent of the spouses in any of the countries of which it is a citizen and in accordance with the laws in force in the state. In the presence of a marriage agreement, the property is subject to division according to the conditions specified in the contract. The general rules of the right to such division of property do not apply. In most cases, in the presence of a contract, there is practically no process of dividing the property.
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An incorrectly drawn up marriage contract can be recognized through the court as invalid in cases provided for by law. It is necessary that the conditions of the marriage agreement comply with the law. Our lawyer for family law has extensive experience and will prepare a marriage contract that will protect your property interests in the future, taking into account all circumstances.