Wedding contract

An agreed property-marriage regime is established by the conclusion of a marriage contract. This is a bilateral treaty that creates rights and obligations for both parties. It is wholly upon the will of the two spouses to determine the property during the marriage or in the case of termination of the marriage by divorce or destruction. The marriage contract can not be negotiated: inheritance relations after death, non-material relations, property relations of the spouses with third parties, personal relations of the spouses, employment relations, relations in the formation of commercial or civil societies; pre-marital property to become a SIE.

With the Agreement, the spouse and children can be arranged, not only for minors but also for those who have reached the age of 18 but are still studying.

A marriage contract can be concluded, both marriage and marriage. They must be heterosexual beings of the homopasian type, the gender of the person being determined by the act of birth. A single-sex contract is totally void. When it is concluded during the marriage, it has effect from the date of marriage or from another date agreed between the spouses, that is, it is not excluded that spouses may set a different date before marriage (retrospective).

The marriage contract may be spoiled due to a culpable breach.

The marriage contract is formal - it is necessary to be in writing with a notary certification of signatures and content. Where the contract has a subject matter, the rules of jurisdiction of a notary must be complied with, otherwise it is void.

The conclusion of this contract is only personal. No contract can be concluded through a representative. If the married couple are underage or limited in the past, they can not benefit from this type of settlement of property relations.

The marriage contract is concluded for long-lasting action - while marital treatment lasts.

The subject of the marriage contract may be:

- Sexual relations of spouses arising prior to the marriage;

- Property relationships arising during marriage;

- Property consequences of divorce.

The marriage contract may refer to one of the other regimes. It is also possible to combine community regime and separation, to negotiate civil co-ownership, CIE and separation.

Pre-marital property after the conclusion of a marriage contract:

- there may be kept one-person titles;

- it can be agreed that one transfers parts or a whole property;

- if nothing is stipulated in the contract for pre-marital property - it remains in a regime of separation. It can not be agreed to become a SIE.

 

Upon termination of the marriage if maintenance is agreed, it is due to the amount agreed. Such maintenance can not be set aside in a claim because it is negotiated and not established as a result of a court decision.

Invalidity of the marriage contract:

- concluded by the incapacitated and completely obstructed, it is destroyable, and from a minor or limited returnees is void;

- in case of extreme need and obviously unfavorable conditions;

- the destruction only takes effect in the future;

- there may be only partial invalidity of the marriage contract.

In the event that the marriage contract is destroyed by an enforced decision, the spouses may choose one of the two regimes or conclude a new contract.

The law allows the termination of the marriage contract by one spouse's claim upon a substantial change of circumstances if it endangers the interests of family members or of the family as a whole.

The court decision must be recorded in the register in order for it to take effect.