The prenuptial agreement
The prenuptial agreement regulates the property regime that will be acquired during marriage or extramarital union.
This means that in this way the spouses can dispose of the property not only in the event of a divorce, but they can also freely determine the legal fate of the property during the duration of the marriage or extramarital union.
Who can conclude a prenuptial agreement?
A prenuptial agreement is a contract concluded by future or current spouses, to regulate ownership on existing or future assets, thereby excluding or changing the legal regime of joint property.
Based on the Family Law, non-marital partners can also conclude this contract, because the property relations of non-marital partners are subject to the provisions of the law on the property relations of spouses.
How is a prenuptial agreement concluded?
The Family Law stipulates that the prenuptial agreement must be concluded in writing, i.e. in the form of a notarized (solemnized) document with the signatures of the contracting parties, i.e. spouses, who are bound by it.
When the subject of the prenuptial agreement is real estate, the fact of concluding the prenuptial agreement is its entry in the public register of real estates.
How can the property relations of spouses be regulated by a prenuptial agreement?
- establishing a separate property regime on all assets, with the complete exclusion of the joint property regime (spouses dispose of their assets independently and freely);
- by establishing a separate property regime only on a part of the assets, while a common property regime is established on the remaining part;
- by establishing a regime of shared ownership on all assets, with the complete exclusion of the regime of separate assets.
Is the prenuptial agreement also valid in case of divorce?
In case of divorce, thanks to the prenuptial agreement, the divorce procedure itself is significantly shorter and cheaper.
Therefore, in these situations, there is no judicial division of assets or consensual division of assets, because it is regulated in advance by the will of the spouses/future spouses.