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.

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.

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.