Belarus introduced the legislative right to conclude prenuptial agreements in 1999. Since then, these agreements have become an increasingly practical tool — particularly for couples with significant assets, business interests, or an international element where property is located in multiple countries.
When can a prenuptial agreement be concluded?
Under the Code of the Republic of Belarus on Marriage and the Family (KoBS), a prenuptial agreement may be concluded either before the registration of the marriage or at any time during the marriage.
A prenuptial agreement concluded before the wedding takes legal effect from the moment the marriage is registered — not from the date of signing. An agreement concluded during the marriage takes effect from the date of its notarisation.
What a prenuptial agreement can cover
A prenuptial agreement is a flexible instrument. It may include:
Property matters. The agreement may establish the legal regime of property acquired before or during the marriage — determining which assets belong to which spouse, how jointly acquired property will be divided on divorce, and how specific items (an apartment, a car, a business interest) will be treated. It may convert jointly owned property into the separate property of one spouse, or vice versa.
Real estate. Prenuptial agreements are frequently used in connection with the purchase of real estate — to register ownership in the name of one spouse only, or to establish shared ownership in specified proportions. However, concluding a prenuptial agreement does not automatically transfer ownership: the spouse must separately register their title with the relevant state registration authority (for Minsk: the Minsk City Agency for Real Estate Registration and Land Cadastre) by presenting the notarised agreement.
Financial arrangements in marriage. The agreement may set out the spouses’ mutual financial obligations during the marriage — including the husband’s or wife’s obligation to contribute to household expenses, the procedure for managing family income, or financial support arrangements while one spouse is engaged in childcare.
Children. A prenuptial agreement may include provisions on child upbringing, financial support for children, and — importantly — the amount of maintenance (alimony) payable in the event of divorce. The maintenance amount stipulated in the agreement may not be less than the statutory minimums: 25% of income for one child, 33% for two, 50% for three or more.
Personal conditions. The agreement may also address personal arrangements between the spouses, provided these do not violate the law or infringe on either party’s rights.
What a prenuptial agreement cannot contain
The law sets clear limits. A prenuptial agreement is void or partially void if it:
- places one spouse in an extremely unfavourable position — for example, a clause that all property after divorce passes to one spouse only, or that one spouse is prohibited from working or choosing their own occupation;
- restricts either spouse’s legal capacity, their right to go to court, or their right to seek legal protection;
- contains conditions concluded by means of deception, duress, threats, or misrepresentation;
- was concluded with a legally incapacitated person (with the exception of a minor who has been emancipated).
Individual clauses that violate these rules are void; the rest of the agreement remains in force.
Notarisation
A prenuptial agreement is only valid if certified by a notary. An agreement without a notary’s attestation mark has no legal force. Both parties must appear before the notary in person. The following documents are required:
- passports of both parties;
- marriage certificate (if the parties are already married);
- birth certificates of common children (if applicable);
- title documents for property to be specified in the agreement (if applicable);
- receipt confirming payment of the notary fee.
The notary fee for drafting and certifying a prenuptial agreement is approximately 220 BYN (Council of Ministers Resolution No. 46 of 27 January 2026).
Changing and terminating a prenuptial agreement
A prenuptial agreement may be changed or terminated at any time by mutual agreement of the spouses, following the same procedure as its conclusion — both parties must appear before a notary in person with the same package of documents. The notary fee for termination is approximately 220 BYN.
Unilateral termination or unilateral variation of the agreement is not permitted. However, if the circumstances of family life change significantly — serious illness of a spouse, disability, major financial changes — and the parties cannot reach a new agreement, either spouse may apply to court for variation or termination of the agreement.
Enforcement of a prenuptial agreement
The terms of a prenuptial agreement are binding and must be fulfilled — including after the dissolution of the marriage. Property specified in the agreement must be transferred to each spouse in accordance with the procedure established in the contract, even after divorce.
If one party refuses to voluntarily comply with the terms of the agreement, the enforcement authority draws up a writ of execution on the basis of the agreement itself — without the need for a separate court judgment. The writ is binding and enforceable in the same way as a court order. This applies equally to maintenance provisions: if the paying parent fails to pay the maintenance amount specified in the prenuptial agreement, a writ of execution is issued containing the mandatory payment obligation.
Prenuptial agreement and Children’s Agreement
A prenuptial agreement dealing with children’s matters may be supplemented by a separate Children’s Agreement — a notarised document that addresses in detail the residence of children, contact arrangements, maintenance and other matters relating to the child’s upbringing. The two instruments complement each other: the prenuptial agreement sets the framework; the Children’s Agreement provides the operational detail.
Frequently asked questions
Can a prenuptial agreement be concluded if we are not yet married?
Yes — and in that case it takes effect from the date the marriage is registered. If the marriage does not take place, the agreement has no legal effect.
Can a prenuptial agreement specify that my spouse gets nothing on divorce?
No. A clause giving all jointly acquired property to one spouse would be considered an extremely unfavourable condition and would be void. The agreement must maintain a reasonable balance between the parties’ interests.
Does a prenuptial agreement override the standard equal division rule?
Yes — that is its primary purpose. Where a valid prenuptial agreement establishes a different property regime, the court applies the agreement rather than the default equal shares rule. The agreement prevails unless it is found to be invalid or to infringe the interests of children.
Can a prenuptial agreement be challenged after divorce?
Yes. Either former spouse may challenge the agreement — or specific clauses — on the grounds of invalidity, changed circumstances, or infringement of rights. The court assesses the agreement in light of all circumstances at the time of the challenge.
We have property in multiple countries. Can a Belarusian prenuptial agreement cover all of it?
A Belarusian prenuptial agreement governs the legal relations between the spouses under Belarusian law. Its effect on property located in other countries depends on the law of each country where the property is situated. We advise on cross-border property arrangements as part of our international practice.
From our practice
Prenuptial agreement — apartment purchased before marriage, significant renovation during marriage. A client was about to marry and wished to protect his apartment — purchased before the wedding — from future division claims, having heard that a major renovation during the marriage could affect its status. We drafted a prenuptial agreement confirming the apartment as his separate property regardless of any improvements made during the marriage. The agreement was notarised before the wedding and registered with the property authority. When the marriage ended several years later, the apartment was not subject to division.
Prenuptial agreement — international couple, assets in Belarus and Germany. A Belarusian woman and a German national planning to marry asked us to structure their property arrangements before the wedding. The husband had business interests in Germany; the wife owned an apartment in Minsk. We drafted a prenuptial agreement governing the Belarusian property, coordinated with a German legal firm on the German assets, and ensured the Belarusian agreement was consistent with German law requirements. Both instruments were executed before the wedding.
Agreement challenged — clause placing wife in extremely unfavourable position. A wife came to us after discovering that a prenuptial agreement she had signed years earlier contained a clause giving her husband all jointly acquired property on divorce, while she retained nothing. We filed a claim for partial invalidity of the agreement. The court struck down that specific clause as placing the wife in an extremely unfavourable position — the rest of the agreement remained valid, and the property in question was divided equally under the default statutory rules.
How we can help
Our advocates have over 10 years of experience drafting, reviewing and enforcing prenuptial agreements in Belarus, including cross-border cases involving foreign nationals. We advise in English and Russian and can assist remotely.
We provide consultations on the content and structure of the agreement, full drafting and notarisation support, advice on the interaction between the prenuptial agreement and a Children’s Agreement, and representation in proceedings to vary, terminate or challenge an existing agreement.
📧 [email protected] 📞 +375 29 142 27 19
