Marriage contract
A marriage contract: how to record the spouses’ property regime, and which terms to check before the notary
A marriage contract sets the property rights and duties of the spouses during the marriage and/or when it ends. It does not replace notarial form, and it must not put one spouse in an extremely unfavorable position.
In practice, disputes arise around housing, a business, debts, and what counts as personal property and what counts as joint. Before you sign, it helps to separate a marriage contract from a gift and from agreements on division of property after divorce.
Draft a text or check a finished marriage contract:
Structure of a marriage contract
- The parties and their status: before marriage or during marriage
- The property regime: joint, shared, or separate ownership
- A list of assets: housing, a business, accounts, and other property
- Debts and how they are allocated
- Income, expenses, and maintenance of the family
- Terms in case of divorce
- Amendment and termination of the contract
- Notarial form and annexes
What to check in the property regime
- Which assets count as personal, and which as common
- How shares in a business and in real estate are allocated
- Who is liable for loans and suretyships
- Whether there are terms that put one party in an extremely disadvantageous position
- Whether the procedure for amendment and termination is agreed
Dangerous wording:
- “All property belongs to one spouse” with no balance and no explanation
- “Debts are borne only by the other spouse” with no link to the purpose of the loan
- “Terms of a personal non-property nature” (often not allowed)
- “The contract is effective without notarization”
For both spouses
A marriage contract works only if both parties understand the consequences. Before the notary, check the list of assets, the debts, and the divorce scenario. A draft can be prepared in advance, but legal effect comes from notarial form.
If the question is a gratuitous transfer of an asset outside the spouses’ regime, see a gift contract. For business relations between spouses, an agency agreement or a separate corporate agreement is sometimes also needed.
Draft or check
A draft — draft a marriage contract online. A finished file — check it for risks / with AI. Edits — compare the versions.
Common questions about a marriage contract
Is a notary required?
Yes. A marriage contract must be notarized.
Can a marriage contract be made before the wedding?
Yes, but it starts to operate from registration of the marriage if the parties are not married on the date of signing.
What cannot be included in a marriage contract?
Terms that limit legal capacity, regulate personal non-property relations, or put one spouse in an extremely unfavorable position.
How do you check a marriage contract online?
Upload a PDF or Word file: the review will show one-sided and disputed property terms before the visit to the notary.
A marriage contract online
Assemble a draft or check the text: the property regime, debts, and terms on divorce.