Family Law Marriage contract When it comes

Family Law Marriage contract

When it comes to get your property divided…

…it is VERY helpful to have your marriage contract signed

Marriage contract (art. 38) • It is an agreement between people who are entering into marriage or an agreement between spouses which determines property rights and obligation of the spouses during marriage and/or in a case of its dissolution.

Stipulation of marriage contract: • Before the registration of marriage (prenuptial contract) – In force from the moment of the registration of marriage • During marriage – In force from the moment of notary certification of the contract

Parties are free to: • Choose the party to contract (within the limits imposed by law) • Determine the content of the contract (within the limits imposed by law) • Terminate the contract by mutual accord and in some cases – unilaterally.

People who are entering into marriage – who are they?

Only property relations? • • • Can we regulate in a marriage contract such questions as: Who washes dishes/cooks/works Duty of fidelity Obligation to live together Wife wears only long skirts Obligations of a spouse to maintain the other

What we can write in a marriage contract (art. 40): • Change the property regime • Regulate currently existing property and/or future property • Mutual maintenance • Participation in each other’s wages • Determine the property which will belong to each one after the dissolution of marriage • Conditions and circumstances.

Amendments and termination of marriage contract • By mutual consent – any moment – written notary form • Unilaterally – only through the court • Can be amended, changed or annulled unilaterally – only by the court’s decision – as any civil law contract and in a case if it puts the spouse in an extremely unfavorable conditions.