3 How can the spouses arrange their property regime?

"A weboldalon található információk nem naprakészek, azok nem tartalmazzák a 2014. március 15-én hatályba lépett új Polgári törvénykönyv rendelkezéseit.“

„The information available on this webpage is not up to date because it does not take into account the changes brought by the new Civil Code as of 15 March 2014.“

„Les informations disponibles sur ce site ne sont pas à jour, car elles ne prennent pas en compte les changements introduits par le nouveau Code civil à partir du 15 mars 2014.“

3.1. Which provisions can be modified by a contract and which cannot? Which matrimonial property regimes may be chosen?

Spouses may enter into a marriage contract regarding the attribution of property for the duration of the joint marital life prior to or after the marriage. They may freely decide which assets will form part of the common or separate property. However, it is contrary to good morals and therefore null and void if a contract gives almost all of the separate assets and all of the common assets to one spouse without real compensation to the other spouse.

(Art. 27 (2), (4) FLA)

3.2. What are the formal requirements and who should I contact?

The marriage contract is valid if it is an authentic instrument, in which case it has to be drawn up by a civil law notary, or a private instrument, in which case it has to be countersigned by a lawyer. These requirements do not apply to donations of movable property between the spouses or to agreements concerning the distribution of the common assets upon termination of the joint marital life.

(Art. 27 (3) FLA)

3.3. When may the contract be concluded and when does it come into effect?

The spouses may enter into a marriage contract prior to or after the marriage. If it is concluded prior to marriage, it comes into effect upon commencement of the joint marital life of the spouses. If it is entered into after marriage, it takes effect immediately after it has been signed. The marriage contract only has effects for the future.

(Art. 27 (2) FLA)

3.4. May an existing contract be modified by the spouses? If so, under what conditions?

The marriage contract may be modified at any time. The modified contract is subject to the same formal requirements as are applicable to the original contract.