This agreement, concluded before the marriage, must be submitted to the Civil Registry as soon as the documents for the conclusion of the marriage have been presented (especially since in the declaration of marriage the future spouses must declare the matrimonial regime they have chosen). The choice of matrimonial regime is made by signing a marriage contract, which is a contract concluded between you and your future husband, by which you choose a marital status other than that of the legal community. With regard to the separation of property, the marriage contract stipulates that each of the two spouses has the right to own the property that he acquires individually during the marriage. If there is property that is acquired jointly, then in the event of divorce, each spouse had a share. If you decide to enter into such an agreement after the end of the marriage, in order to change your marital status, you must appear with your husband before the notary, necessarily with the identity documents and the marriage certificate. The notary will consult the National Register of Marriage Notaries to verify that the declarations correspond to reality and, depending on the wish expressed by you, he will proceed with the elaboration and certification of the Convention on the Amendment of Marital Status. The marriage contract has been increasingly used by couples who are going to start a family and get married, or even by those who are married. The marriage contract, which in everyday language would be the “marriage contract”, is provided for in the new Civil Code and in practice represents the way in which the parties separate their property. As a general rule, marriage between spouses takes place within the framework of the statutory Community system. It is assumed that the property acquired during the marriage has been made equal, so that it is divided 1/2 – 1/2 in divorce. Only if the court proves that one of the spouses contributed more (see example), is the division regulated according to the evidence. However, if the spouses want a different matrimonial regime, namely the separation from the matrimonial regime or the traditional regime of common property, they must conclude the marriage contract. A marriage contract may not be refused to third parties because of actions they have taken with one of the spouses, unless the above-mentioned disclosure formalities have been completed or the third parties have otherwise known about it.

This means that if there is a secret act relating to the matrimonial property regime, it takes effect only between the spouses and cannot be invoked against third parties, unless it is proved that the third party knew the content of that act, for which the advertising formalities have not been completed. The marriage contract may not be refused to third parties in respect of the acts they have taken with one of the spouses before the conclusion of the marriage. Among the innovations that the Civil Code (CNC) brings with it, there is the regulation of betrothal, the stage before marriage. Commitment, according to the NCC, can be proven by any evidence. Under the new civil rules, a bride who no longer wants to marry owes compensation to her former partner and is also obliged to return the gifts offered to formalize the marriage. The party who improperly breaks off the engagement may be required to pay compensation for expenses incurred or contractually agreed for the purposes of the marriage. At the same time, it is expressly regulated in which situation one of the brides culpablely causes the breach of the commitment of the other, the first having to pay such compensation. However, the right of the bride to claim compensation is time-barred within one year of the end of the engagement.

The validity, recognition and execution of these contracts depend on several factors, such as: the conclusion of the contract of absence takes place before the marriage, at least 20 days in advance. This contract is attached to the file with the necessary documents for the marriage and is submitted to the registry office. According to the Civil Code, the marriage contract, if concluded before the marriage, may have effects from the date of its conclusion. If the marriage contract is concluded during the marriage, it may take effect from the date fixed in the contract and mutually agreed by both spouses or from the date of conclusion of the marriage. According to Article 334(2) of the NCC, the marriage agreement may not affect equality of the sun, parental authority or the legal devolution of inheritance. Even if deviation from the basic rules is permissible, it is good to know that there are certain limits set by civil law, including mandatory provisions of the law and morality. The advantages to which we refer when concluding a marriage contract or marriage contract with the lawyer are related to the fact that complex specifications can be made with regard to the acquired and the assets to be acquired, but at the same time through the marriage contract, the lawyer can expand its scope precisely and according to the claims of the future spouses or current spouses, which the notary usually does not do, but works on the basis of copy and paste files. A marriage agreement can get rid of many headaches, both Seamnata before marriage and during marriage, was designed for the parties to house their property in any case, but at the same time to balance a balance in which one comes with everything (from a material point of view) and the other with nothing. With regard to the change of marital status, it is good to know that in principle, after at least one year after the end of the marriage, the spouses can replace or modify the arrangement initially chosen whenever they wish. The same principles apply to the obligations of the spouses, since neither of them can be bound by the obligations arising from the acts of the other spouse. However, the spouses are jointly and severally liable for the obligations entered into by one of them to cover the usual costs of the marriage and the costs related to the education and upbringing of the children.

What is a marriage contract? The marriage contract or, in its official name, the “marriage contract” is a legal document that specifies how two spouses divide their property after the divorce. The new Civil Code provides for three types of matrimonial property regimes: the legal community of property, the separation of property and the conventional community of property. More and more Romanians have recently relied on marriage contracts. Below you will find some useful information to better understand the marriage contract, what the regulations provided for by the Civil Code imply, which must take into account the marriage contract and what you must do to be considered legal: property acquired before marriage in the case of a marriage contract remains separate property and is not subject to division. Property is considered a spouse from the day of marriage until the date of termination, and if one of the spouses receives a gift or inheritance during the marriage, it is considered personal property! So, if there is no marriage contract, the property is divided equally in the divorce. If it exists, it takes into account what the spouses have decided by mutual agreement before the marriage. As you have learned, they may also relate to personal property, which is usually not discussed in the event of divorce. In other words, the spouses can choose to separate their property or, on the contrary, to transfer the right to the individual property and to the other. The Community treaty system implies greater freedom with regard to the property of both spouses. Specifically, those acquired before the marriage may become common at their express request, or property acquired during the marriage may remain individual property. If the spouses are already married, the change of their status as a spouse is only possible at least one year after the end of the marriage. If the separation of the matrimonial property regime is chosen, each spouse is the sole owner of the property acquired before the conclusion of the marriage and of that acquired in his own name after that date.

In general, people with more than one property or a good financial situation choose to sign a marriage contract. So if you have several houses or properties in your name, if you are a shareholder in a company, if you know that you will receive an inheritance, or if you have children from another marriage, it is not bad to sign the marriage contract. If the spouses want a different matrimonial regime, namely the separation from the matrimonial regime or the traditional community of property, they must conclude the marriage contract. You can also consider this measure as a protective measure not only for you, but also for those who depend on you, such as the parents or children of a previous marriage (with regard to children resulting from that marriage, the contract must necessarily contain clauses about their financial future). .