• 21/03/2023
• By wizewebsite
• 335 Views

When it pays to conclude a prenuptial agreement - Novinky.cz<

Kdy se vyplatí uzavřít předmanželskou smlouvu

In marriage, the assets and debts of one of the spouses usually become common.Exceptions are things used for personal use, heritage, gifts or what is related to the exclusive property of one of the spouses.

However, other than the statutory property regime can agree by closing the so -called.pre -agreement.

The contract can also be concluded during marriage

"To conclude a prenuptial agreement is advantageous if you don't want your property to become part of a common ownership or you are concerned that your partner will have debts.The engaged couple will negotiate in the pre -marital contract other than the legal marital property regime regulating the joint property of the spouses.However, common household equipment must always remain common, ”said Lukáš Zelený, head of the legal department of the consumer organization dTest.

The Treaty becomes effective at the moment of marriage.But the engaged couple can agree on a later date.It is also possible to close it during marriage.However, in such a case it is necessary to realize that this cannot be done with a retroactive effect.

Only in written form and at a notary

According to the Civil Code, the contract is concluded in writing and must take the form of a public document, ie a notarial deed.If the spouses decide to change anything from the contract in the future, you will need to agree again or let the court decide.

Dopre -agreement je také možné zakomponovat, že společné jmění vznikne až okamžikem zániku manželství, například úmrtím jednoho z manželů nebo rozvodem.At that moment, the assets and debts of the couple will become a common farm.However, each spouse can dispose of the time of marriage arbitrarily.

You can also provide a regime of separate assets, which means that the joint property of the spouses will not be formed at all.The spouses will acquire property but also debts just as before joining marriage.

'The regime of separate assets is used especially in situations where spouses are considering investment in real estate and at the same time one of them risky business.In order to prevent the house indebted, it will separate the fortune and as the owner of the house will be entered in the cadastre, ”said Green.

Common assets can also be expanded

However, common assets can also be expanded.And the property owned by one of the spouses before marriage.At the same time, it is possible to include things that otherwise removes from common assets.These are things used for personal use, heritage, gifts or what is related to the exclusive property of one of the spouses.

If, for example.The couple agrees to become common after marriage.

“On the other hand, the narrowing means that what the couple would normally get into a common property will belong to only one of them.For example, when an uncle wants to sell a car for its niece at a bargain price, but at the same time does not want her husband to become the owner of a cheap car.Even if they use common funds to buy a car, it can only belong to a woman, ”added Green.

A prenuptial agreement can be entered in the public list of documents on the marital property regime kept by the notarial chamber of the Czech Republic.The advantage is that by registering a contract in the list, there is no obligation to prove its existence to other parties (for example to the bank in providing a loan).

In addition, there is no risk that the bailiff will attach the account to one of the spouses for the other's debts.It must verify whether or not to be excluded from a common property before ordering the execution.