Expert Family Lawyer Services

A family lawyer in Belarus can provide essential legal support during challenging times. Whether you are dealing with divorce, child custody, alimony, or prenuptial agreements, a qualified family lawyer ensures your rights are protected. They offer guidance through the legal processes, helping you navigate complex family law matters with professionalism and empathy. With in-depth knowledge of local regulations, a family lawyer can provide tailored solutions that align with your goals and help you achieve the best possible outcomes for your family’s future.

What is a marriage contract

A marriage contract, also known as a prenuptial agreement, is a legal document that outlines the financial and property rights of each spouse in the event of divorce or separation. It can specify how assets and debts will be divided, as well as determine spousal support. In Belarus, a marriage contract is legally binding and provides a sense of security for both parties. By addressing these issues before marriage, a marriage contract helps avoid conflicts and ensures clarity in the case of unforeseen circumstances or relationship breakdowns.

What gives spouses the conclusion of a marriage contract in Belarus

The terms of the marriage contract in Belarus are determined by the spouses themselves. First of all, the contract solves the issues of ownership of property, monetary deposits, about which of the spouses pays loans and debts. The terms of the contract might include provisions about the children’s upbringing, support, and even divorce provisions. It is possible to provide with which of the parents they will stay in case of divorce, which of the parents in this case will pay maintenance and in what amount, in what order the parent who does not live with them will spend time with the children. In the contract, you can write down issues of religion, medical care — these are the non-property rights of spouses.

They do not include in the marriage contract conditions that put one of the spouses in an unfavorable situation in advance and do not comply with the norms of the laws. For example, it is impossible to provide in the marriage contract a condition that in case of infidelity of one of the spouses, all his property passes to the second spouse. This condition does not comply with the law, since, as a general rule, spouses have equal rights to the property they acquired in marriage. Such a condition also worsens the situation of one of the spouses.

Amendment and Termination of a Marriage Contract in Belarus: Legal Steps and Costs

The marriage contract can be amended or terminated at any time by mutual agreement between the spouses. To make changes or dissolve the contract, both parties must apply to a notary. The process involves submitting documents similar to those required for the initial marriage contract. The notary will prepare and certify the necessary amendments or dissolution. The notary fee for amending or terminating a marriage contract is approximately 220 rubles. This ensures that both parties’ interests are properly documented and legally recognized.

Recognition of a marriage contract as invalid

A marriage contract can be recognized as invalid if it violates the rights and interests of one of the spouses, children, or third parties. For example, a marriage contract cannot be made with a minor (unless emancipated) or with an incapacitated person. Additionally, a contract may be deemed invalid if it was signed under duress, deceit, misrepresentation, or concealment of true intentions. Such actions violate the legal principles of fairness and transparency, and the contract may be annulled by a court if these conditions are proven.

Executing the marriage contract

The terms of a marriage contract must be enforced by both spouses, including after divorce. Following a divorce, the property and assets outlined in the contract must be divided according to the agreement. However, it’s important to consider that significant changes in family circumstances, such as a spouse’s serious illness or disability, may affect the ability to fulfill certain conditions. If such changes occur, the enforcement of specific terms could become challenging, and the parties involved may need to renegotiate or seek legal assistance to modify the agreement.

Can a marriage contract be amended or dissolved?

A marriage contract can be amended or dissolved by mutual consent of both parties. The process is similar to creating the initial agreement: it must be in writing, signed by both spouses, and certified by a notary. If the contract involves real estate, it is registered with the agency for state registration and land cadastre. A terminated prenuptial agreement ends immediately after notarization, while postnuptial obligations continue even after dissolution. A court can also declare the agreement invalid if it violates the law, is made under duress, or contains fraudulent terms.

How to conclude a prenuptial agreement in Belarus

The marriage contract is drawn up in writing, and it must be notarized.

Spouses need to come to any notary with passports, from which it is clear that the couple are spouses or with residence permits. In this case, you need to take a marriage certificate or a certificate from the civil registration authorities about marriage. If the marriage is concluded in another state, then it is necessary to legalize and translate the marriage document. A marriage contract is not concluded under a power of attorney.

When spouses want to resolve property issues in the marriage contract, in order to confirm their rights to immovable property, they need to take with them certificates of ownership and an extract from the registration book issued by the territorial organization for state registration of immovable property. The prenuptial agreement, which resolves the issues of division and ownership of immovable property, must be registered with the territorial organization for state registration. It should be borne in mind that the issues of ownership of immovable property located in another state are resolved according to the laws of the state where this property is located. That is, it is better to conclude a marriage contract in respect of property that is located in another state in local state.

To confirm bank deposits, loans, you need to take the relevant agreements concluded with the bank.

When, after a divorce, one of the spouses does not fulfill the terms of the marriage contract, the other spouse can go to court. The court checks whether the marriage contract complies with the law. If it corresponds, the court issues an enforcement document and sends it to the bailiff for enforcement.

Our Services

Marriage Contract Consultation

We offer expert guidance on drafting, modifying, or terminating a marriage contract, ensuring your agreement meets legal requirements and protects your interests.

Optimal Marriage Contract Terms

We suggest the best terms for your marriage contract and, if necessary, make amendments to align with your needs, ensuring fairness and legal validity.

Court Documentation Preparation

If you need to enforce or contest a marriage contract in court, we assist by preparing all necessary documents to support your case effectively.

Court Representation in Disputes

We represent your interests in court if there is a dispute over the marriage contract, ensuring your rights are defended and the agreement is upheld.

Family Law Consultation

We provide comprehensive advice on family law matters, helping you navigate issues such as divorce, custody, and financial arrangements with clarity and confidence.

Marriage Contract Drafting

Our team expertly drafts marriage contracts that protect your assets and clarify financial responsibilities, ensuring both parties are legally secure in the event of separation.

Marriage Contract Disputes

We assist in challenging an unfair or invalid marriage contract, providing legal representation to secure a fair resolution and protect your rights.

Divorce Proceedings

We guide you through the divorce process, offering support in matters like asset division, custody, and spousal support to help you achieve a fair settlement.

Alimony Recovery

We help clients pursue alimony claims, ensuring timely and fair financial support following divorce or separation, in accordance with Belarusian family law.

Marriage Invalidity Recognition

We assist in cases where a marriage is deemed invalid, providing legal action to nullify the union and resolve any related issues.

Property Division

Our services include assisting with the division of jointly acquired property, ensuring a fair distribution between spouses according to the law during divorce proceedings.

Parental Rights Termination

We offer assistance in cases where parental rights are challenged, helping to protect the welfare of children and support the termination process when necessary.

Contents of the Marriage Contract

Spousal Rights and Obligations

The marriage contract can define mutual support obligations, including post-divorce responsibilities, ensuring both spouses are financially supported even after the marriage ends.

Property Division

The contract can establish how jointly owned property will be divided upon divorce, ensuring an equitable distribution of assets between spouses according to agreed terms.

Division of Acquired Assets

Specifies how property accumulated during the marriage will be distributed between spouses, ensuring each receives their fair share after the divorce is finalized.

Modification of Joint Ownership

The contract can adjust the default regime of joint property ownership in Belarus, allowing for partition or individual ownership, as per legal norms and mutual agreement.

Property Investment Conditions

Addresses how investments made with shared or personal funds, which increase property value (e.g., renovation), affect property ownership, preventing automatic joint ownership without agreement.

Spousal Relationship Terms

Includes provisions for managing household expenses, family relationships, and other personal matters between spouses, as long as they do not violate the rights of others or Belarusian law.

Applicability to Pre-Marriage and Post-Marriage Assets

The marriage contract can apply to both assets acquired before the marriage and those acquired during it, ensuring clear ownership rights over all property.

Time-Limited or Conditional Obligations

Rights and responsibilities in the marriage contract can be time-bound or conditional, with specific terms based on certain events or situations, offering flexibility in obligations.

No Unilateral Termination

Unilateral termination of the marriage contract is not allowed, ensuring both spouses must mutually agree to any changes, protecting both parties’ rights.

Amendment and Termination by Mutual Agreement

The marriage contract can be amended or terminated with mutual consent of the spouses, either before or after marriage dissolution, following the same formalities as the original contract.

Marriage Contract Termination

The contract expires upon the termination of the marriage, unless otherwise stipulated, with post-marriage obligations continuing until they are fulfilled as specified in the agreement.

Court-Recognized Invalidity

The marriage contract may be declared partially or fully invalid by the court if it violates civil law or established legal standards in Belarus, protecting individuals’ rights.

What can’t be spelled out in a marriage contract?

Limit Capacity or Violate Rights

A marriage contract cannot include terms that limit the capacity of either spouse or violate their legal rights, ensuring both parties retain full legal freedom and protection.

Embarrassment or Unfair Position

Provisions that place one spouse in an embarrassing, unfair, or detrimental position are prohibited, ensuring that both spouses enter into the agreement voluntarily and equitably.

Alteration of Statute of Limitations

The contract cannot alter the statute of limitations for any claims or legal actions, as these limitations are defined by law and cannot be waived or modified by agreement.

Conflict with Marriage and Family Code

Any terms that conflict with the Marriage and Family Code of Belarus are invalid, as they cannot override statutory law designed to protect family members and ensure fairness in marital relationships.

What can’t be done regarding a marriage contract

Execute by Power of Attorney

A prenuptial agreement cannot be executed by power of attorney, ensuring both spouses are personally involved in the creation and signing of the contract.

Unilateral Modifications or Terminations

The agreement cannot be modified or terminated unilaterally by either spouse, as mutual consent is required to make any changes or dissolve the contract.

Intentional Refusal of Obligations

Intentional refusal to fulfill the obligations outlined in the prenuptial agreement is prohibited, ensuring both spouses are held accountable for the terms agreed upon.

Violation of Family Members’ Rights

The agreement cannot infringe upon the rights or obligations of other family members, ensuring that the contract only affects the spouses and does not harm third parties.

Unfavorable Clauses for One Spouse

Clauses that put one spouse at a disadvantage or in an unfair position are not allowed, ensuring the agreement is equitable and mutually beneficial for both parties.

Other Services

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Determining Child’s Residence

Determining a child’s residence is a crucial legal decision made by the court in the event of parental separation or divorce. The court evaluates various factors, such as the child’s best interests, the parents’ living situations, and the child’s well-being. This decision may involve determining which parent the child will live with primarily, considering both physical and emotional needs. The process ensures that the child’s rights are protected and that their living environment promotes stability, safety, and a healthy development path.

Determining Exit Order for a Child

Determining the procedure for a child’s departure from Belarus involves legal action when parents or guardians seek to take a child abroad. The court may establish conditions or procedures, especially when one parent objects or there are concerns about the child’s safety. This process ensures the child’s welfare is prioritized, protecting them from potential risks associated with international travel. The court examines various factors such as custody agreements, parental consent, and the purpose of the travel to make informed decisions.

Parental Rights Termination

Parental rights termination is a legal procedure that can occur when a parent is deemed unfit to care for their child due to abuse, neglect, or abandonment. The court carefully evaluates the circumstances and determines whether the termination of parental rights is in the child’s best interests. Once terminated, the parent loses all legal rights to make decisions regarding the child’s upbringing, healthcare, and education. In such cases, the child may be placed under the care of another guardian, relative, or for adoption.

Child Custody Agreement

A child custody agreement is a legal document that outlines the living arrangements and visitation rights of divorced or separated parents. The agreement is designed to ensure the child’s well-being by specifying where the child will reside, the visitation schedule, and how decisions regarding the child’s education, healthcare, and general welfare will be made. The court reviews the agreement to ensure that it serves the best interests of the child. In cases of disagreement, the court may intervene to settle custody disputes.

Restoration of Parental Rights

Restoring parental rights is a legal process in which a parent who has lost their rights seeks to regain them. This typically occurs when the circumstances that led to the termination, such as abuse, neglect, or incapacity, have been resolved. The court examines the parent’s ability to care for the child, focusing on changes in their situation and their commitment to their responsibilities. If the court determines that restoring the parent’s rights is in the best interests of the child, the rights may be reinstated.

Guardianship and Custody

Guardianship and custody refer to the legal responsibility of caring for a child when biological parents are unable to do so. Guardianship involves a responsible adult being appointed by the court to care for and make decisions for the child, while custody refers to the child’s living arrangements, often granted to one or both parents. If both parents are unable to care for the child, guardianship is typically assigned to a relative, friend, or state authority, ensuring the child’s safety and well-being are maintained.

Adoption in Belarus

Adoption in Belarus is a legal process in which a child’s legal parentage is transferred from biological parents to adoptive parents. This process involves a thorough assessment of the adoptive parents’ suitability, including their ability to provide a safe and nurturing environment. Adoption provides children with the opportunity to grow up in a stable family, ensuring their rights are protected. The procedure includes home visits, legal documentation, and court hearings to finalize the adoption. It’s designed to ensure the best interests of the child are met.

Limitation of Parental Rights

Limiting parental rights involves a legal decision where a parent’s authority over their child is restricted due to neglect, abuse, or inability to meet parental responsibilities. The court may impose certain limitations on a parent’s decision-making authority, including restricted access to the child or limitations on their involvement in important decisions regarding the child’s well-being. This legal process is focused on protecting the child’s interests and ensuring that the parent’s behavior does not adversely affect the child’s safety, health, or overall development.

Disputing Parental Record Entries

Disputing parental record entries involves a legal process where individuals challenge inaccuracies in the official records regarding their parentage. This could be related to a parent’s identity, paternity, or legal guardianship. When there is a dispute or error in the records, it can impact legal rights, inheritance, and custody decisions. The court can order the correction of these records if sufficient evidence is provided, ensuring that the child’s legal status is accurately documented and their rights are fully protected under the law.

Child Support Recovery

Child support recovery involves legal actions taken to ensure that non-custodial parents fulfill their financial obligations toward their child’s upbringing. The custodial parent may seek the enforcement of child support payments through the court, ensuring the child’s needs for food, clothing, and education are met. The process involves determining the amount owed, setting a payment schedule, and taking legal action to recover unpaid support. In cases of non-compliance, the court may impose penalties or take enforcement actions to ensure the custodial parent receives the necessary financial support.

Child Support from Foreign Citizens

Collecting child support from foreign citizens is a legal process to ensure that parents residing abroad fulfill their financial obligations toward their child. This process involves international agreements and cooperation between countries to enforce child support orders. The custodial parent can apply for enforcement through the court or relevant authorities, and the non-custodial parent’s foreign income or assets can be pursued. This ensures that children receive the financial support they are entitled to, even if the non-custodial parent lives in another country.

Modification of Child Support Amount

Modifying the amount of child support is a legal process that can occur when there are significant changes in the financial circumstances of the parents or the needs of the child. Either parent can request a modification if there has been a substantial change, such as a change in income, employment status, or the child’s healthcare needs. The court will assess the new circumstances and determine if an adjustment to the support amount is necessary. This ensures that the child’s needs continue to be met fairly.

Why Us

Personal Approach

We offer a personalized approach to every case, ensuring tailored legal solutions that align with your unique situation and goals, giving you peace of mind.

Experienced Family Lawyers

Our team consists of highly experienced family lawyers who specialize in complex legal matters, offering expert guidance and ensuring your family’s best interests are protected.

Cross-Industry Experience

With experience across multiple industries, we bring a versatile perspective to your case, leveraging knowledge from diverse sectors to provide innovative and effective legal solutions.

We Speak Your Language

We communicate clearly and effectively, ensuring you fully understand the legal process and feel confident in every step of your case. Language is never a barrier.

Achieving Results

We are committed to achieving the best possible outcomes for our clients, using a results-driven approach to tackle even the most challenging legal issues with dedication and expertise.

International Experience

With extensive international experience, we navigate cross-border legal matters with ease, ensuring seamless and effective representation for clients dealing with international family law issues.

FAQ

Marriage Contract and Real Estate Purchase

A marriage contract can specify how property, including real estate, will be owned by one spouse or held as joint property. After signing the contract, it’s necessary to register the property with the local registry to confirm ownership. It’s important to remember that the marriage contract itself does not automatically transfer property rights; the registration process is essential to make the spouse the legal owner of the property.

Marriage Contract and Alimony

A marriage contract can include provisions regarding alimony, specifying amounts and payment schedules. However, the alimony amount cannot fall below the legal minimum required by law—25% for one child, 33% for two children, and 50% for three or more. If one spouse refuses to fulfill alimony obligations, the other can request an enforcement document to compel payment, ensuring the financial well-being of the children or the spouse entitled to support.

Marriage Contract and Child Custody Agreement

Marriage contracts can also address matters concerning children, such as custody arrangements, child support, and visitation. A child custody agreement within a marriage contract clarifies both parents’ responsibilities and expectations, reducing potential conflicts and ensuring the child’s well-being is prioritized. Such clauses help avoid disputes during divorce by setting clear guidelines for raising children in accordance with both parents’ desires and legal rights.

Advantages and Disadvantages of a Marriage Contract

Advantages include clear protection of each spouse’s assets, reduced conflict over property division in case of divorce, and preemptive planning for future financial changes. However, disadvantages include the social stigma that often accompanies marriage contracts, potential need for revisions if laws change, and the cost of notarization. Additionally, it can be difficult to predict all future needs, leading to further amendments, and one spouse may feel pressured into signing, especially if there’s an imbalance of wealth.

Minimum Age for a Marriage Contract in Belarus

In Belarus, individuals can legally sign a marriage contract starting at the age of 18. However, if a person is 16 or 17 years old, a marriage contract can still be registered, but it requires a court decision. This ensures that younger individuals entering into contracts are adequately protected and that the agreement is entered into voluntarily, with the legal and emotional maturity required to make such decisions.

Who Owns the Property?

A marriage contract clearly defines who owns the property acquired during the marriage, whether it’s joint property or individually owned. The contract helps prevent disputes over ownership by specifying the rights of each spouse over their assets, both before and after marriage. By detailing the distribution of property, it reduces ambiguity and provides clear legal guidelines, offering protection for each spouse’s personal property and ensuring fairness in case of divorce or separation.

Is It Necessary to Register a Marriage Contract?

Yes, a marriage contract must be notarized to be legally valid in Belarus. Once notarized, it becomes a legally binding document that can be enforced in court if necessary. Registration is crucial for the document to be recognized by legal authorities and to ensure that the agreed terms are enforceable, especially in cases involving property division, alimony, or child custody. Without registration, the contract may not hold legal weight in any disputes or divorce proceedings.

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Legal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
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