A prenuptial agreement between a Belarusian citizen and a foreign national raises more questions in practice than a standard agreement between two Belarusian spouses. Will it be enforceable in the foreign spouse’s home country? Which country’s law governs it? Does it need additional legalisation?
We address all the key questions below.
Can a Prenuptial Agreement With a Foreign National Be Signed in Belarus
Yes. Belarusian law places no citizenship restrictions on the right to conclude a prenuptial agreement. If at least one spouse is a Belarusian citizen, or if the marriage was registered in Belarus, the agreement can be certified by a Belarusian notary.
The agreement may be concluded either before the marriage is registered or at any point during the marriage. An agreement concluded before marriage takes effect from the date of registration. An agreement concluded during marriage takes effect from the date of notarial certification.
Which Country’s Law Applies
This is the central question in any cross-border family matter. Under Belarusian law, the rights and obligations of spouses are governed by the law of the state where they have their joint place of residence. If they have no joint residence, the law of the state where they last had a joint residence applies.
In practice this means: if a Belarusian and a German national live in Minsk, Belarusian law governs their agreement. If they live in Berlin, German law applies. If they live in different countries and have no last shared residence, the question is resolved on a case-by-case basis using conflict-of-laws rules.
This is precisely why a prenuptial agreement involving a foreign national requires particular care: it is essential to identify the applicable law clearly and to ensure that the terms of the agreement do not conflict with the laws of either country.
Will a Belarusian Prenuptial Agreement Be Recognised Abroad
This is the most frequently asked question — and the answer is nuanced.
Most European countries recognise foreign prenuptial agreements, but with certain qualifications. The agreement must satisfy the formal requirements of either the country where it was concluded or the country where it is being relied upon. A Belarusian prenuptial agreement is notarially certified — a notarial form that is recognised by most legal systems.
To use a Belarusian prenuptial agreement abroad, the following steps are generally required: obtaining an apostille (for countries that are parties to the 1961 Hague Convention, which covers most of Europe, the United States, the United Kingdom and many others) or consular legalisation; providing a notarially certified translation into the language of the country where the agreement will be used.
Some countries — Germany and France among them — have strict substantive requirements for prenuptial agreements. A term that is perfectly valid under Belarusian law may be held invalid under German law. This makes it essential to consider the requirements of both legal systems when drafting the agreement.
What Can Be Covered in an Agreement With a Foreign National
Beyond the standard provisions — property regime, division on divorce, maintenance — a prenuptial agreement with a foreign national can address a number of specific cross-border issues.
Property in multiple countries. If the spouses own or plan to acquire property both in Belarus and abroad, the agreement can define the regime for each asset separately. It is important to note that real estate is subject to the law of the country where it is located. A Belarusian agreement governs Belarusian property; a separate agreement under local law may be needed for assets abroad.
Choice of applicable law. The parties may specify in the agreement which country’s law governs their property relations. This is particularly important for couples planning to relocate or already living in different countries.
Currency of obligations. Where assets are held in different currencies, the agreement can fix the method of conversion and the applicable exchange rate.
Maintenance on divorce. The maintenance amount set in the agreement cannot fall below the statutory minimum under Belarusian law: 25% of income for one child, 33% for two, 50% for three or more.
Notary Fees and Signing Procedure
A prenuptial agreement with a foreign national is concluded before a Belarusian notary in the standard manner. Both spouses must appear in person — representation by power of attorney is not permitted.
Documents required: passports of both spouses; the foreign national’s passport with a notarially certified translation into Russian; marriage certificate if the marriage has already been registered; title documents for any property being addressed, where relevant.
Notary fee for drafting and certifying the agreement: approximately 220 BYN.
After certification, an apostille can be obtained from the Ministry of Justice of the Republic of Belarus for use abroad.
Common Pitfalls
Language barrier. The notary certifies the agreement in Russian or Belarusian. The foreign national must understand the content — the notary is required to satisfy themselves of this. In practice, this means either engaging an interpreter for the appointment or providing a translation of the draft agreement in advance.
Differences between legal systems. What is lawful in Belarus may not be enforceable abroad. A Belarusian agreement transferring all assets to one spouse may be set aside by a German court as fundamentally unfair. Legal advice from both jurisdictions is strongly recommended.
Pressure and misunderstanding. An agreement concluded under duress, or in circumstances where one party did not understand its significance, can be declared void. This is a particular risk where the foreign national has limited knowledge of the language and had no opportunity to obtain independent legal advice before signing.
No expiry date. An agreement has no fixed term unless one is specified. Terms that seemed fair at the time of signing may, after ten or fifteen years, seriously disadvantage one party. We recommend building in a mechanism for periodic review.
Case From Our Practice
A couple came to us — a Belarusian woman and a Dutch national living in Minsk. They were planning to purchase an apartment together in Belarus and wanted to protect their respective contributions in the event of a divorce: the wife was contributing the larger share from her own savings and wanted certainty that this would be reflected in any future division.
The situation was complicated by the fact that the couple were considering relocating to the Netherlands within a few years — meaning the agreement needed to function in both jurisdictions.
We consulted with colleagues in the Netherlands regarding Dutch law requirements for matrimonial property agreements, drafted terms that were compatible with both legal systems, and had the agreement certified by a Belarusian notary. We then arranged for an apostille to be obtained for use abroad. The apartment was purchased with clearly defined shares recorded both in the sale contract and in the prenuptial agreement.
Frequently Asked Questions
We live abroad but our marriage was registered in Belarus. Can we still sign a prenuptial agreement in Belarus? Yes. A Belarusian marriage certificate entitles you to approach a Belarusian notary. You will need to appear in person — this can be done during a visit to Belarus.
Do we need to have the prenuptial agreement certified in both Belarus and the foreign spouse’s country? Belarusian certification is sufficient for the agreement to be effective in Belarus. For use abroad, an apostille and translation are required. Some countries additionally require registration of the agreement in a local register — we recommend checking with a local lawyer in the relevant country.
My spouse does not speak Russian. How does the notarisation work? The notary must be satisfied that the foreign national understands the content of the agreement. As a rule, an interpreter is present at the appointment, or a translation of the draft agreement is provided to the foreign spouse in advance.
Can we amend the prenuptial agreement if we have already moved abroad? Any amendment must be made in the same form as the original agreement. If the agreement was certified by a Belarusian notary, the amendment must also be certified by a Belarusian notary, with both spouses appearing in person.
Need Help?
Our advocates have spent over ten years advising on prenuptial agreements with a cross-border element — working with clients from Europe, the United States, the Middle East and Asia. We consult in Russian and English and work remotely.
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This article is for informational purposes only and does not constitute legal advice. For professional assistance with your specific situation, please contact our advocates directly.
