In recent years, more people have been considering entering into a marriage contract. While this has become the norm in some countries, the institution of a marriage contract in Belarus is still quite new and raises questions among many citizens. In Belarus, a marriage contract is known as a prenuptial agreement, but we will continue to refer to it as “a marriage contract”. It is important to understand that a marriage contract is not just a legal document regulating the property relations of spouses but also an effective tool for protecting the rights and interests of each party. In this article, we will discuss in detail what a marriage contract is, how to conclude it, what advantages it has and what risks may arise.
What is a Marriage Contract?
A marriage contract is a written agreement between spouses or persons who intend to marry, regulating their property, personal rights, and obligations during and after its dissolution. According to the Code on Marriage and Family of the Republic of Belarus, a marriage contract has legal force and can be concluded before or during marriage. After the dissolution of the marriage, a marriage contract cannot be concluded. Its main purpose is to enable the spouses to agree in advance on conditions they consider fair and beneficial, considering possible changes in their lives. When a marriage contract is concluded, neither spouse can refuse to fulfil it.
The Duration of the Marriage Contract
The marriage contract is valid:
- From the moment of marriage, it is concluded between the future spouses.
- From the moment of notarization, it is concluded between the spouses in a registered marriage.
- The marriage contract ends with the dissolution of the marriage, but it may provide for other provisions and be valid after the spouses’ divorce. For example, when the marriage contract contains provisions on the rights and obligations of the former spouses after the divorce, the contract is valid until these rights and obligations are fulfilled.
The Content of the Marriage Contract
The Code on Marriage and Family of the Republic of Belarus does not impose strict requirements on the content of the marriage contract. However, it should relate only to property relations, such as the management of joint property, the distribution of debts, alimony, and the right to dispose of property in the event of a divorce. The contract does not include all conditions related to personal relationships, such as family behaviour or communication with children.
The Marriage and Family Code defines the range of issues on which a marriage contract can be concluded. For example:
- The duties and rights of spouses for mutual maintenance, including the conditions after the divorce.
- Rules for the division of property that the spouses jointly own.
- The procedure for distributing common jointly acquired property between former spouses after the divorce.
- Conditions for changing the regime of common joint ownership of shared or personal property.
- Provisions stating that property cannot be recognized as common joint property if funds from the other spouse’s common or personal property were invested, significantly increasing its value (for example, one of the spouses carried out major repairs or reconstruction at his own expense).
- Types of disputes between spouses that can be referred to an arbitration court or resolved with the help of a mediator.
- Other issues in the relationship between spouses include the procedure for spending the family budget and child support and how to pay it, provided that this does not violate the rights of others and does not contradict the law.
- A marriage contract may relate to both the property that the spouses acquired before the conclusion of the contract and the property that the spouses acquired during the marriage.
The Difference between a Marriage Contract and Standard Marriage Conditions
The main difference between a marriage contract and the standard marriage conditions established by law is that all matters not covered by the contract are governed by the norms defined by the Code on Marriage and Family , which regulate the rights and obligations of spouses by default. For example, in the absence of a contract, the property acquired in marriage is considered joint property of the spouses. The marriage contract allows spouses to change these conditions. It allows them to determine which property will be considered personal and which will be considered joint.
When is it Necessary to Register a Marriage Contract with a Real Estate Registration Organization
If the marriage contract includes conditions that may affect the spouses’ rights to real estate, it must be registered with the real estate registration organization.
That’s when you must register a marriage contract with a state real estate registration organization:
- The contract has conditions for registered real estate. In this case, it must be registered after notarization.
- The contract contains conditions for real estate that have not yet been created, received, or will be received during the marriage period. In this case, the contract is registered simultaneously or after registration of the creation of the corresponding immovable property or changes in rights to it.
The marriage contract is registered only after the marriage itself is registered. However, a marriage contract that provides for the rights and obligations of former spouses can also be registered after its termination.
The Main Purposes of the Marriage Contract
The marriage contract is an important tool for protecting the spouses’ interests. One of the main purposes is to define conditions that ensure fairness and transparency in the relations between the parties. For example, a contract allows you to specify how the property received in marriage will be distributed, which helps avoid future conflicts and misunderstandings.
In the event of a divorce, the marriage contract defines each spouse’s rights and obligations. This may include agreements on the division of property, alimony payments, and conditions related to living and raising children. Thanks to such provisions, the parties can minimize the risks of lengthy litigation and reach a compromise before problems arise.
One of the key functions of a marriage contract is to regulate property relations between spouses. He can specify the joint property and the personal property of each of the spouses. It is especially important to protect the parties’ interests in the event of financial disagreement or divorce.
Suppose you have any questions about the conclusion or content of the marriage contract and its execution. In that case, we recommend contacting our experienced lawyer, who will advise you on registering the marriage contract and protect your interests.
The Process of Concluding a Marriage Contract
The conclusion of a marriage contract requires compliance with certain procedures provided for in Belarus. It is important to understand that a marriage contract must be drawn up in writing and signed by both spouses in order to be legally binding. According to the Code on Marriage and Family, the contract comes into force only after its notarization, a prerequisite for its validity.
The registration process begins with the spouses’ agreement on the terms. They can discuss and agree on the distribution of property rights and obligations, as well as other conditions related to alimony, debts, and the use of property. After that, the contract must be submitted to a notary public for certification. The notary will check the document’s compliance with legal requirements and confirm that all parties entered the contract voluntarily and consciously.
It is important to emphasize that following the correct contract form is crucial for its legal validity. Failure to comply with legal requirements may result in the contract’s invalidation. Therefore, if you have doubts about concluding or executing a marriage contract, we strongly recommend contacting an experienced lawyer who will help you formulate the terms correctly, observe all legal subtleties, and ensure the protection of your interests.
Features of Termination and Amendment of the Marriage Contract
Like any other agreement, a marriage contract can be amended or terminated if certain conditions are met. It is important to remember that changes to the contract can only be made with the mutual consent of the spouses. To do this, you need to make an addendum to the original contract, which must also be certified by a notary. If one of the spouses does not agree with the changes, they will not be accepted, and the contract remains in its original version.
Termination of the contract is possible only with the mutual consent of the parties. Termination of a marriage contract also requires notarization to ensure the validity of the action. If the spouses decide to terminate the contract, it is important to carefully consider all the conditions related to the division of property, alimony, and other arrangements, as termination may affect property and personal rights.
The consequences of changing the contract terms may vary for the parties. For example, if the conditions regarding the division of property change, one of the spouses may be forced to review their financial obligations. It is important to remember that both parties must agree upon any changes, and any changes in the terms may require a review of other parts of the contract.
If you are considering changing or terminating your marriage contract, we recommend contacting an experienced lawyer who will advise you on all legal nuances and protect your interests.
Execution of the Marriage Contract
The execution of the marriage contract consists of strict compliance with the conditions agreed upon by the parties and notarized. It means that each spouse is obliged to fulfil the obligations stipulated in the contract, including those related to property rights, debt obligations, alimony and the use of the property. If one of the spouses does not fulfil the terms of the contract, the other spouse has the right to apply to the court with a demand for enforcement.
A marriage contract may include specific terms and conditions for fulfilling obligations. For example, it may be an agreement on the division of property or the payment of alimony. It is important that all the contract terms are enforceable and their violation does not infringe on the rights of one of the parties. If necessary, in the event of a marriage dissolution or a change in circumstances, the contract terms can be revised, but this will require the consent of both parties and notarization of the changes.
If one of the parties violates the terms of the contract and a peaceful settlement of the dispute is impossible, the issue can be resolved in court. The party whose rights have been violated may apply to the court for a writ of execution based on the marriage contract. The court may decide on the fulfillment of the terms of the contract and on compensation for damage caused by its violation. Next, the writ of execution is executed through the system of Enforcement Agencies.
It is extremely important to consult an experienced lawyer to ensure the proper execution of the marriage contract and protect your interests, especially in the event of disputes. The lawyer will help you interpret the terms of the contract correctly and ensure its execution in accordance with the law.
Conclusion
A marriage contract regulates property and personal relations between spouses. Despite some risks, its conclusion can significantly reduce the likelihood of conflicts and litigation in the event of a divorce. Understanding of one’s rights and responsibilities within a marriage contract helps to avoid many difficulties, making the relationship more transparent and secure. When choosing a marriage contract, it is important to approach the process carefully, consulting with a lawyer to ensure that all necessary legal formalities and interests of the parties are observed.
Contact us
If you have any questions and disputes related to concluding a marriage contract in Belarus, we will be happy to help! Our long-term experience in the field of protecting citizens’ rights will help yyou interpret the terms of the contract correctly and ensure its execution in accordance with the law.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
