The Marriage contract can be signed before and during marriage according to the Bulgarian Family Code. Although it is not called a “prenuptial arrangement” in the legislation, the Marriage contract that was signed before marriage (also known as a “prenuptial contract”) will take effect from the date of marriage. If the contract was signed during the marriage, it will be effective from the date of signing or any other date that it has been agreed to.
The Family Code allows spouses to arrange the following items in a Marriage contract.
1. The rights of the spouses to the property acquired during the marriage
2. The rights of the spouses to the property they owned before the marriage.
3. The methods of managing and disposing of the property, including the family house;
4. The participation of all parties to the expenses and obligations
5. The property consequences of divorce
6. The maintenance of spouses in marriage and divorce.
7. The maintenance of children born to the marriage.
8. Other property relationships
Only property relations can be settled (the parties cannot arrange personal relationships with children). It is possible for the contract to only include certain points. However, the arrangement can be made at the discretion of both spouses.
If they choose to sign the contract before marriage, they can decide which legal regime of the property will apply during their marriage: legal regimes of community, legal régime of separation, or contractual regime. If they do not choose, the law will automatically apply to the legal regime of the community. The spouses can change the applicable system at any point during marriage by amending the Marriage contract via an annex.
The Marriage contract is usually signed during the marriage so that spouses can transfer property acquired before or during the marriage. In this case, the marriage contract replaces the notary deed. All documents required for a notary deal must be presented, including ownership acts, sketches, and certificates for tax evaluation.
The subject matter of the marriage contract is also subject to legal restrictions. It is forbidden for a property that was acquired before marriage by one spouse (exclusive personal ownership), to be converted into a marital property group under the Marriage agreement. The Marriage contract cannot contain provisions regarding dispositions in the event of death.
The formal requirements are that the Marriage contract must be signed by both spouses. There is no possibility of a proxy being used. After notary double verification, the contract should be presented at the Municipality at spouses’ addresses. The clerk will take notice of the marriage certificate and send the Marriage contract to register with the Special Register for the legal regime for property relations.
If disposition deals regarding real estate have been made under the provisions in the Marriage contract, the contract must be signed by a Notary at each location and must be registered with the Land register.
A marriage contract can be ended by mutual consent or by claiming one spouse. The contract may be declared null or partially void if it is in contradiction with the law.
It is better to consult a family law south surrey before you sign a Marriage contract.