Marriage Contract

A marriage contract is a legal instrument that regulates the property relations between spouses before or during the marriage. In Bulgaria, it is governed by the Family Code and can be concluded both before and during the marriage. The primary purpose of the contract is to define how the property and assets of the spouses will be managed, distributed, and used during the marriage and in the event of divorce.

1. Entering into marriage: Those getting married can arrange their property relations through a marriage contract.
2. Eligibility: Only capable individuals can enter into a marriage contract.
3. Timing: A marriage contract can be concluded by the spouses during the marriage.

Content of the Marriage Contract

1. The marriage contract includes agreements solely regarding property relations between the parties, such as:
   • The rights of the parties over property acquired during the marriage.
   • The rights of the parties over property owned prior to marriage.
   • The management and disposal of property, including the family residence.
   • The parties' participation in expenses and obligations.
   • The property consequences in the event of divorce.
   • Maintenance of the spouses during the marriage and in case of divorce.
   • Child maintenance from the marriage.
   • Other property relations, as long as they do not contradict the provisions of this code.
2. Property relations can also be arranged by referring to one of the legal regimes. Agreements that a party's premarital property will become community property are not permitted.
3. The marriage contract cannot contain provisions regarding death. This limitation does not apply to arrangements concerning the spouses' shares upon the termination of an agreed community property regime.
4. For property relations not addressed in the marriage contract, the legal community regime applies.

Conclusion of the Marriage Contract

1. The marriage contract is concluded in writing, personally by the parties, with notarization of the content and signatures.
2. A contract transferring property rights or establishing or transferring other real rights over real estate is notarized by a notary in the district where the property is located. If the properties subject to the contract are in the jurisdictions of different notaries, the notarization is performed by a notary in one of those jurisdictions chosen by the parties.
3. The contract transferring property rights has transfer effects and is registered in the property register on the day of notarization if concluded during the marriage. If the contract is concluded before the marriage, it is submitted for registration by the notary on the day they receive the marriage certificate. If the contract must be registered in another judicial district, Article 25, Paragraph 6 of the Notaries and Notarial Activities Act applies.
4. When the marriage contract is concluded during the marriage, it is noted in the civil marriage certificate and registered.

Effect of the Marriage Contract

1. The marriage contract takes effect from the moment of the marriage, and when concluded during the marriage, from the day of signing the contract or from another date specified within it.
2. The contract cannot affect rights acquired by third parties before its conclusion.

Changes to the Marriage Contract

1. Changes to the marriage contract must be made in the same form as its conclusion.
2. Regarding third parties, Article 40, Paragraph 2 applies.

Termination and Cancellation of the Marriage Contract

1. The marriage contract is terminated:
   • By mutual agreement of the parties; in this case, they can choose a legal regime or enter into a new contract; if they do not do so, the legal community regime applies.
   • By the request of one spouse due to significant changes in circumstances, if the contract seriously threatens the interests of the spouse, underage children, or the family.
   • Upon termination of the marriage, except for clauses that regulate the consequences of termination and are intended to take effect thereafter.
2. The marriage contract can be canceled by court order, provided that it does not contradict the principles of this code and good morals. Cancellation can also be partial and has future effect.

Invalidity of the Marriage Contract

1. General rules regarding the invalidity of contracts apply to the marriage contract.
2. Annulment has future effect. In this case, the spouses can choose a legal regime or conclude a new contract. If they do not do this, the legal community regime applies.
3.