The Family Code provides for three possible regimes for the property relations between spouses – the statutory regime of community of property, the statutory regime of separation of property, and the contractual regime. If, upon entering into the marriage, a regime of separation of property has not been chosen and a marriage contract has not been signed, the statutory regime of community of property applies automatically.
It is important to note that a change of the regime of property relations may be made during the marriage. In practice, this change is most often effected through a marriage contract, since the spouses can regulate a broader range of matters relating to their property relations. For example, through the marriage contract it is possible to include clauses regulating the property consequences of divorce, questions concerning the maintenance of the spouses and the children, and other essential arrangements.
The spouses may also choose to switch to a regime of separation of their property without the need to conclude a marriage contract. In this case the change becomes valid from the date of entry of the new regime in the Register of Matrimonial Property Relations. This entails the following legal consequences:
- The property acquired before the entry of the new regime remains part of the matrimonial community of property;
- The property to be acquired henceforth by each spouse separately will be the personal property of that spouse;
- In the event that the spouses acquire property together, they will be ordinary co-owners of it.
The choice of a regime of separation requires entry both in the civil marriage certificate and in the Register of Matrimonial Property Relations, maintained by the Registry Agency. For this purpose the documents must be submitted to the municipality where the civil marriage is registered.
Required documents
The following documents are required for entering the change in the regime of property relations:
- A request for recording the choice or change of the regime of property relations;
- A joint declaration by the spouses for the choice of a regime of separation – with notarially certified signatures;
- A notarially certified power of attorney, if the documents are submitted by an authorised representative;
- Proof of paid fee (if such is required).
The time limits for entering the change in the different municipalities vary from 1 to 7 working days. In most municipalities the service is free of charge, but in some a fee is collected, which is usually between BGN 5 and 15.
Once the civil status registrar has recorded the regime of separation in the civil marriage certificate, a notification is sent to the Registry Agency. From there the new regime is entered ex officio in the Register of Matrimonial Property Relations.
Should you need assistance in drawing up a marriage contract or a consultation on the choice of a regime of property relations, contact us on telephone 0887550706, e-mail: [email protected]
