Conclusion of a marriage contract
Belarusians have been granted the legislative right to conclude marriage contracts since 1999. Due to the low level of legal awareness of the population, up to this time, marriage contracts were not concluded.
Currently, the Marriage and Family Code specifies that spouses or future husband and wife can enter into a prenuptial agreement. Thus, such an agreement can be concluded both before the registration of the marriage union, and at any time during the marriage. A marriage contract concluded by the bride and groom will have legal force from the moment of registration of the marriage, and a marriage contract concluded during the marriage period – from the date of its notarization.
Conditions of the marriage contract
The marriage contract can provide for both the rights and obligations of the spouses in marriage, as well as the legal regime of property after divorce. The prenuptial agreement may also include conditions for the upbringing of children, the material support of the husband and wife, and personal conditions.
A prenuptial agreement may include the husband’s obligation to assist with the household while the wife is at work. Also, in the marriage contract, you can determine which things are the property of each of the spouses. A marriage contract can also regulate the legal regime of property received by spouses before marriage.
It should be noted that in the marriage contract the spouses can prescribe with which of them the child will stay in case of divorce, the amount of alimony for the child, the procedure for communication between the other parent and the child, and other issues.
Notarial certification of a marriage contract
A marriage contract is a transaction that requires notarization. The document shall be considered invalid without the notary’s attestation mark.
To conclude a marriage contract, the persons getting married, or spouses, must appear before the notary in person, providing:
– passports;
– marriage certificate (for spouses);
– birth certificates of common children;
– documents for property (if necessary);
– a receipt confirming the payment of the notary tariff.
The notary fee for drafting a marriage contract and its certification is approximately 220 Belarusian rubles.
Change and termination of a marriage contract
The marriage contract can be changed and terminated at any time by agreement of the spouses. To change and terminate the marriage contract, you should also contact a notary. The documents submitted for this notarial act are identical to the documents for concluding a marriage contract. The notary fee for its termination is about 220 rubles.
Recognition of a marriage contract invalid
A marriage contract can be invalidated if it violates the rights and interests of one of the parties, children, third parties.
So, it is not allowed to conclude a marriage contract with a minor (the exception is emancipation), with an incapacitated person. It is forbidden to conclude a marriage contract by means of deception, misleading, violence, concealment of true intentions and other illegal means.
Invalidation of certain conditions of a marriage contract
Some conditions of the contract will be invalidated if their inclusion in the marriage contract is prohibited by law, or if they violate someone’s rights.
Thus, it is forbidden to introduce conditions that introduce one of the spouses into a disadvantageous position. For example, the prohibition of the wife to work or independently choose the type of activity. Also, the condition that all property after divorce becomes the property of only one spouse will be invalid. Such conditions infringe on the rights and interests of a citizen in marriage.
Prenuptial agreement and agreement for children
In addition to concluding a prenuptial agreement, it is possible to conclude a separate Agreement for Children.
In the Agreement on Children, it is possible to distribute the responsibilities of the spouses for the maintenance and upbringing of children, to determine with which of the parents the child will live in the event of a divorce.
The Children’s Agreement can also set the amount of alimony collected from the spouse with whom the child will not live. The agreement on children must be certified by contacting a notary with the established package of documents.
Execution of a marriage contract
The conditions stipulated in the marriage contract are subject to mandatory fulfillment by the spouses.
The terms of the marriage contract are subject to execution even after the divorce. So, after a divorce, the property specified in the marriage contract must be transferred to each spouse in accordance with the procedure established in the contract.
It should be borne in mind that if, by the time the marriage contract is executed, the circumstances of family life (serious illness of the spouse, disability, etc.) change significantly, then certain conditions may be difficult to fulfill. In such cases, the performance of the marriage contract will be possible in accordance with the prevailing circumstances.
Pre-nuptial agreement when buying real estate
Often, prenuptial agreements are concluded when buying real estate for the purpose of registering real estate in the ownership of one of the spouses. There are also cases of registration of a property in shared ownership.
It is important to remember that after the conclusion of the prenuptial agreement, the ownership of the property does not automatically arise. It is necessary to contact the RUE “Minsk City Agency for Real Estate Registration and Land Cadastre” (for the city of Minsk) and provide a notarized marriage contract. Upon receipt of a certificate of ownership in this body, the spouse becomes the owner of the purchased apartment.
Prenuptial agreement and alimony
The marriage contract may indicate the amount of alimony that is collected from the parent in the event of the dissolution of the marriage union.
However, it should be borne in mind that the amount of alimony in a marriage contract cannot be less than the minimum amount established by law. Thus, 25% of earnings are paid for one child; for two children – 33%, and three and more – 50%.
Obtaining executive documents under a marriage contract
In case of refusal to voluntarily fulfill the terms of the marriage contract, the enforcement authority draws up a writ of execution. The writ of execution is binding on the party to the marriage contract.
In particular, in case of non-fulfillment of the conditions for the payment of alimony, the parent receives a writ of execution containing a mandatory requirement. Usually writs of execution contain the amount to be paid (for child support, for the collection of funds for the maintenance of a disabled spouse, etc.). Bailiffs draw up orders of execution based on court decisions (on divorce, recovery of alimony, etc.).
If you have questions related to the preparation of a marriage contract, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
