Spouses who have been married for a long time or before registering a marriage may have questions about the need for a prenuptial agreement. Such a contract can be concluded between spouses in marriage or before marriage. In this case, the contract will take effect after the marriage is registered. Marriage contract in Belarus became a very popular instrument for spouses in 2000-2002 and until today people use this instrument to define their rights and obligations during their marriage and after divorce.
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.
How to conclude a prenuptial agreement (marriage contract) 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.
How we can be useful in drawing up a marriage contract and solving related issues
Our lawyers and advocates are experienced specialists in family law and speak English. We can:
- Advise on the issues of drawing up a marriage contract, changing its terms and cancellation;
- Propose the optimal conditions of the marriage contract, to make amendments if necessary;
- Prepare documents to the court, if necessary, to execute or challenge the marriage contract;
- Represent your interests in court in case of a dispute related to marriage contract in Belarus.
Contact us
If you have any questions or disputes about the marriage contract in the Republic of Belarus — we will be happy to help you! Our family advocates have many years of experience in this field and they will help you in resolving any disputes.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
