Family law

What is a marriage contract and how do you make one?

Huquqchi legal team

A marriage contract is an agreement that sets the property rights and duties of the spouses. You make it in writing and a notary certifies it. You can conclude it before the marriage or during the marriage; a contract made before the marriage takes effect on the day of the state registration of the marriage.

What it regulates

Only property relations (article 31 of the Family Code): the regime of common and separate property, mutual maintenance, participation in the income, participation in the family expenses, and the property that each spouse receives at divorce.

What it cannot regulate

Personal non-property relations; the rights and duties towards the children; a limit on the right to apply to court; a limit on the right of a needy spouse who cannot work to receive maintenance; and terms that put one of the spouses in an extremely unfavourable position.

The form

Under article 30 of the Family Code, the written form and notarial certification are obligatory. If the notarial form is not kept, the transaction is invalid (article 112 of the Civil Code).

Changing the contract

The spouses can change or terminate the contract at any time by agreement, in the same form in which they made it. A unilateral refusal to perform it is not allowed. At the demand of one of the spouses, a court can change or terminate the contract on the grounds in the Civil Code (article 32).

Legal sources

Legal basisFamily Code, article 30 Legal basisFamily Code, article 31 Legal basisFamily Code, article 32

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.