With the latest amendments to the Family Code, the possibility of concluding a marriage contract was introduced as a means of regulating the property relations between spouses.
A marriage contract may be concluded both upon entering into marriage and during an existing marriage.
This contract includes stipulations relating solely to property matters between the parties, such as:
- the rights of the spouses over the property acquired during the marriage;
- the rights over the property that the spouses own before the marriage;
- the means of managing and disposing of the property, including the family home;
- the spouses' participation in the expenses and obligations;
- the property consequences in the event of divorce;
- the maintenance of the spouses during the marriage and after divorce;
- the maintenance of the children born during the marriage;
- other property matters, provided that they do not contradict the provisions of the Family Code.
It is not permissible for the pre-marital property of one of the parties to be included as part of the matrimonial community property.
The marriage contract may not contain stipulations regarding inheritance in the event of death. This restriction does not apply to provisions relating to the shares of the spouses upon the termination of the joint matrimonial property.
Conclusion of a marriage contract
The contract is concluded personally by the parties in written form, with notarial certification of the content and the signatures.
If ownership is transferred or a right in rem over real estate is created by the contract, it must be certified by a notary in the district where the property is located. If the properties that are the subject of the contract are located in different districts, the parties may choose a notary from one of those districts.
Where the marriage contract includes the transfer of ownership or the creation of a right in rem over real estate, the contract has transferring effect and is entered in the Property Register. If the contract is concluded after entering into marriage, it must be noted in the civil marriage certificate and registered. The contract enters into force from the moment of the conclusion of the marriage, and, if it is signed during the marriage, from the day of its signing or another date specified in the contract.
Termination of the marriage contract
The marriage contract may be terminated in the following cases:
- By mutual consent of the spouses. They may choose a statutory regime or conclude a new contract. If they do not do so, the statutory regime of community of property will apply;
- Upon the claim of one of the spouses in the event of a material change of circumstances, if the contract seriously endangers the interests of the spouse, of the children who have not reached the age of majority, or of the family;
- Upon the termination of the marriage, with the exception of the clauses that regulate the consequences following the divorce.
The marriage contract may also be rescinded by judicial procedure.
