When and why should marriage contracts be drawn up? Consult the notary


If you are planning to get married and you wish to select a different economic status for your marital status you can do this by approaching a notary and creating a suitable agreement for any marital property. Want to know more about all of this? Read on.


What Is An Agreement For Marital Property All About?

This is a contract that lays down rules regarding the finances in a marriage. The couple in question is at liberty to select the amalgamation of a property or even the separation of a property. 

All the agreement is created in the presence of a notary and a public document called the deed is created. Such contracts can be created after or before the marriage. The only requirement is both the spouses have to be present when this is being carried out. The deed has to be registered in a Civil Register.

Once a couple is married the regime chosen by them will come into effect the moment the agreement is signed. If the agreement is signed before marriage then it will come into effect after the wedding takes place. Couples are allowed to make modifications provided both agree to it.


The Different Types Of Regimes For Matrimonial Properties

Any money earned by the spouses or any assets purchased along with the capital will belong to the spouses right from the start of the marriage.

If the property is to be sold then both spouses have to reach an agreement. The money can be utilized by both spouses separately, but if the property needs to be sold then both spouses have to authorize the process.

However, if spouses acquired or inherited properties before marriage, they will be treated as separate entities and will not be included in the list of marital property.


What Happens During Dissolution

There are three different methods through which the agreement can be dissolved.

- When the marriage is terminated because of death or divorce
- If the couple has decided to file for legal separation
- If the contract states a different economic category

If the agreement is dissolved then it will get liquidated and divided between the spouses equally.


What Happens To Property In Times Of Seperation

In this case the status quo is the same before marriage, both spouses retain ownership of their individual properties and they have not assets in common. However, both spouses have the option to convert their individual property into a common one.


Things To Keep In Mind

- Marital contracts often include gifts from parents, covenants and parents
- The cost for creating such a contract is about 60 Euros. You can find out the exact fees from the office of the notary
- The contract can be changed any number of times
- If you sign the contract in the supervision of the notary at least you will have legal witnesses


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