The content of the rights and obligations of the parties
A marriage contract and an agreement on children are two legal structures that regulate the relationship of spouses or parents on issues related to the upbringing and maintenance of common children.
At the same time, the marriage contract covers a wider range of issues, not limited only to the rules on children. Therefore, the marriage contract and the agreement on children differ, first of all, in content.
Thus, a marriage contract can regulate the rights and obligations of spouses or future husband and wife for mutual maintenance, as well as issues of ownership of property by one of the spouses or giving property the status of common joint property. Issues of raising children, the order of communication of children with each of the parents and other issues related to relationships with children can also be settled by a marriage contract.
Unlike a marriage contract, an agreement on children cannot establish property rights and obligations, change the legal status of property, etc. The very name “agreement on children” indicates the limitation of its content exclusively to questions of the procedure for raising children and paying alimony. Thus, the range of issues regulated by the agreement on children is much narrower than the content of the marriage contract.
Consequently, the main difference between a marriage contract and an agreement on children lies in the different scope of rights and obligations that can be enshrined in these contracts.
The difference in the parties to the agreements
The difference between a marriage contract and an agreement on children lies in the difference in the parties to these agreements.
Thus, a marriage contract can be concluded between spouses or persons entering into marriage. However, the marriage contract will give rise to legal consequences only after the registration of the marriage. Therefore, if the persons entered into a marriage contract, but, for some reason, the marriage was not registered, then they will not have mutual rights and obligations, and the marriage contract will not have legal force.
An agreement on children, in accordance with the latest changes in legislation, can be concluded both between spouses and between persons who have not registered a marriage union, but who have common minor children.
In other words, the parties to the marriage contract are the spouses, and the parties to the agreement on children are the parents, even if they are not spouses.
The cost of certification of agreements by a notary
The marriage contract and the agreement on children are subject to mandatory certification by a notary. To conclude these agreements, you must come to the notary’s office or notary’s office in person with a passport and other necessary documents.
For the certification of the above agreements, a notary fee is paid, and the conclusion of a marriage contract will cost more.
Thus, for notarization of a marriage contract, it is necessary to pay 6 basic units, or 192 Belarusian rubles (from 01/01/2022 in the Republic of Belarus, the base unit is set at 32 Belarusian rubles).
Notarization of the agreement on children will cost 4 basic units, or 128 Belarusian rubles.
The receipt of payment of the tariff must be presented to the notary.
Differences in the list of required documents
The procedure for concluding these types of contracts differs in the package of documents provided to the notary.
To conclude a marriage contract, a notary, in addition to the passports of the spouses, marriage certificates, birth certificates of children, can request documents for property, etc. This, for example, a contract for the sale of an apartment acquired in marriage, an agreement for the shared construction of an apartment, a loan agreement and others documentation.
To conclude an agreement on children, birth certificates of children, a certificate of divorce, certificates of income of spouses, and other documents related to the upbringing and material support of children are required.
Our lawyers have extensive experience in handling cases on the conclusion of marriage contracts and agreements on children in Belarus, as well as on the division of property and business upon divorce.
If you have questions related to the conclusion of a marriage contract or an agreement on children, and you need help or advice from a lawyer, please contact our lawyers at the email address: info@familylawyer.by or by phone: +375293570355.
