Matrimonial property contract

In a matrimonial property contract, future spouses and spouses can set up a property regime that applies to their property relations for the duration of their union from the date set in the contract, instead of a matrimonial community property regime.

Kulcsszavak: Marriage, Matrimonial property regimes, Matrimonial property contract, National Register of Matrimonial Property Contracts, Notary public, Lawyer, Authentic instrument, Private instrument countersigned by a lawyer

If the spouses have not concluded a matrimonial property contract, a matrimonial community property regime exists between them for the duration of their union by law. However, future spouses before the marriage and spouses, for the future, may agree on what to do with their property accumulated over the duration of their marital union and arrange their property relations as they see fit, i.e. derogate from the community property regime provided by law. Thus, for example, the spouses may exclude matrimonial community property regime completely or with regard to specific asset acquisitions, assets, encumbrances and debts for the future in the matrimonial property contract.

A matrimonial property contract must be concluded in person. For the matrimonial property contract to be valid, the consent of the guardianship authority is required if either spouse is under the age of eighteen or is under guardianship partially restricting his/her legal capacity to act in terms of legal declarations in property matters.

In order for the contract to be validly concluded between the spouses, it must be drawn up in an authentic instrument or in a private instrument countersigned by a lawyer. In other words, future spouses must use the services of a lawyer or a notary public.

The contract will be effective towards a third party (e.g. creditors of the spouses) if the contract is entered in the national register of matrimonial property contracts (hereinafter referred to as ‘register’) maintained by the Hungarian Chamber of Civil Law Notaries or the spouses prove that the third party has or should have had knowledge of the existence of the contract and its duration. Therefore, the purpose of entering a matrimonial property contract in the register is to facilitate the provision of proof of the existence of a matrimonial property contract. This is because, unless proven otherwise, the register provides authentic proof of the existence of the contract.

The application for registration, amendment or termination of a matrimonial property contract may be submitted jointly in person by the parties to the matrimonial property contract; the application must be accompanied by documentary evidence thereof.

If the spouses have the contract entered in the register, they must pay a registration fee. Notary public fees: HUF 7 500. For consultation of the electronic register, HUF 3 000 must be paid to cover the fee and expenses.

The contract shall be concluded with the assistance of a notary public or a lawyer. In the case of registration of a matrimonial property contract, the competence of the acting notary public may be determined on the basis of the place of domicile or residence of either spouse.

Hungarian Chamber of Civil Law Notaries

Other information

In a matrimonial property contract, the spouses may also arrange for their property for the event of their death.

During the marital union, the spouses may amend or terminate the contract.

Any amendment or termination of the contract is subject to the rules of validity and effect applicable to the conclusion of the contract.

A matrimonial property contract may not contain any retroactive provision to change either spouse’s obligations that arose prior to the conclusion of the contract against a third party to the detriment of that third party.

 

Date of the case description: 27/05/2020

 

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Sections 4:63 to 4:75 of Act V of 2013 on the Civil Code

Sections 36/H to 36/K of Act XLV of 2008 on certain non-contentious notarial proceedingshttp://njt.hu/cgi_bin/njt_doc.cgi?docid=117776.377019

Decree No 17/2014. (III.13.) KIM on maintaining the National Register of Matrimonial Property and Cohabitation Contracts and disclosure of information recorded therein

Sections 9 to 18 and 34(2) and (4) of Decree 22/2018 (VIII.23.) IM on notarial fees

CIKFO