Everything About the Marriage Contract

17 March 2025
Mariam Jalagonia, Lawyer
  • What is a marriage contract?
A marriage contract is a legal agreement between spouses that defines their property rights and obligations both during the marriage and in the event of a divorce.
  • When can a marriage contract be made?
A marriage contract can be made both before and after the marriage registration, at any time.
  • How is a marriage contract formed?
The contract should have a written form and must be notarized.
  • What can be included in the marriage contract?
A marriage contract can be made regarding both existing and future acquired property.

Spouses can:
Combine all of their property, including property acquired during the marriage, or Completely or partially refuse such a combination and determine each spouse's share or separate ownership of property.
  • Is it necessary to make a marriage contract for property that belonged to each spouse before the marriage or was inherited or gifted during the marriage?
A marriage contract is not necessary for property that belongs to each spouse individually, either before marriage or acquired by inheritance or gift during the marriage, as such property is automatically considered separate property of each spouse.
  • Can the terms of the marriage contract be changed or terminated?
The contract can only be changed or terminated with mutual consent of the spouses. Unilateral refusal is not allowed.
What happens if one spouse is put in an extremely disadvantageous position by the terms of the contract?
If a spouse believes that the terms of the contract place them in an extremely disadvantageous position, they can apply to the court to change the terms of the contract.
  • Are there any restrictions that cannot be changed by a marriage contract?
The following cannot be changed by the contract:
duty of support between spouses;
Parental rights and duties regarding children;
Alimony obligations;
The right to apply to the court in case of dispute.
  • Conclusion:
The marriage contract is an important legal mechanism that allows spouses to regulate their property relationships. Its use is particularly important for ensuring property security.

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