Marriage agreement in Moldova – general overview.
What is a Marriage Agreement?
Marriage contract ( prenuptial / postnuptial agreements ) is a convention concluded between persons who wish to marry or between spouses, which determines their patrimonial rights and obligations during marriage and / or in case of its termination.
When can the marriage agreement be concluded?
The marriage contract can be concluded before the registration of marriage or, at any time during the marriage.
Marriage contract concluded before the registration of marriage enters into force on moment of marriage registration.
What should the marriage agreement contain?
By marriage contract the spouses may change the legal regime of joint property ownership.
Marriage contract may provide that all property acquired by each spouse during marriage are personal property of the spouse which acquired that property.
Marriage contract concluded during the marriage have not retroactive effect, which means that the property acquired before the conclusion of the contract is personal property of each spouse.
Spouses have the right to stipulate in marriage contract theirs rights and obligations regarding the mutual maintenance, the involvement in incomes obtained by each of them and in bearing of general expenses. Also, spouses has the right to determine the property that must be transmitted to each of them in the case of divorce, as well as, to include any other contract provisions relating to property, including property penalties for the spouse, guilty of divorce.
The rights and obligations provided in marriage contract may be limited to a certain time or may be made depending on the occurrence or non occurrence of certain conditions.
Parties have no right to stipulate in the marriage contract, clauses that affect the legal capacity of spouses, their right of appeal to the court for regulation of personal relations between them, including the rights and obligations between them and their children, clauses that limit the right of maintenance for the spouse unable to work , clauses which would harm the legitimate rights and interests of spouses or of one of them, and clauses contrary to the principles and nature of family relationships.
What should be the form of the marriage agreement?
A marriage contract is to be concluded in written form and notarized.
How the marriage agreement can be modified or revoked?
The marriage contract may be modified or terminated at any time by the agreement between spouses. The agreement of modification or termination of marriage contract is to be concluded in written form and notarized.
At the request of either spouse, the court may modify or terminate the marriage contract according to procedure and on bases stipulated by the Civil Code.
Invalid marriage agreement.
On the grounds established by the Civil Code of Republic of Moldova, marriage contract may be declared by the court invalid in whole or in part.
Upon request of one spouse or the prosecutor, the court is entitled to declare the nullity, in whole or part of the marriage contract if it contains provisions that affect the rights and interests of a spouse, minor children or other persons protected by law.
Termination of marriage agreement.
The clauses of the marriage contract loses force from the moment of termination of marriage, except for those that have been provided for the period following the termination of the marriage.
The above is intended to provide a brief guide only. It is essential that appropriate professional advice of a lawyer in field of family law is obtained. Our office will be glad to assist you in this respect. Please do not hesitate to contact us.