Is there a boom in marriage agreements in Bulgaria?

published on 11/10/11 1:25 PM

Photo: BGNES

More and more couples in Bulgaria are cementing their joint cohabitation with a pre-nuptial marriage contract. This form of settlement of property and financial relations between the spouses is known in many countries. In our country it has existed for two years now after the latest amendments to the Bulgarian Family Code. Prenuptial marriage contracts are chosen both by people who have accumulated marital experience and also by people who are now getting married. Usually, these are wealthy people. Krasimir Dimitrov, notary law professor at Sofia University "St. Kliment Ohridski ", commented for Radio Bulgaria on the increasing interest towards written marriage agreements seen in Bulgaria in recent years.
"Over the two years of existence of the new regulations of property relations between spouses, included in the Family Code in 2009, a trend of increasing marriage contracts is seen in Bulgaria. The statistics of the Registry Agency shows that their number has nearly doubled over the last year. This indicates very clearly that this relatively new and unknown mode of settling contractual relations between spouses becomes more popular. Initial fears start to be overcome and people are beginning to realize that such an agreement gives the spouses an opportunity to negotiate their terms of cohabitations precisely. They may agree as to their current and future possessions in a way that best corresponds to their specific interests. For example, they may contain arrangements regarding the costs to be made during the marriage, issues related to child support, and in the event of divorce. All these things are subject to the marriage contract. In all cases, this is a much better and more civilized version of divorce legislation. "

The official statistics of the Registry Agency, where all marriage agreements must be registered, shows that for a year alone, from October 2010 to October 2011, the number of signed marriage contracts is 258. According to Krassimir Dimitrov, the total number of such written agreements in Bulgaria after 2009 exceeds 400. Only 10 percent of them are cases where the bride and groom sign the marriage contract before getting officially married. Most often, these agreements are signed by people who living in the larger cities of the country who want to settle their property rights. But there are such cases also in smaller towns. People who have hitherto been in the so-called regime of common property more often tend to arrange their future property relations. For example, in the marriage contract, they may indicate that in the future some of the acquired property can be divided, but it could also remained with common ownership. Krasimir Dimitrov points to concrete examples in terms of marriage contracts:

"This practice exists not only in Bulgaria, it is also observed in countries where marriage contracts have a long history. For example, about 80 percent of such agreements in France are concluded between already married spouses, and about 20 percent between new couples. This is so because most often young couples can hardly imagine what property they will acquire, and respectively agree as to their property relations," Krasimir Dimitrov told Radio Bulgaria.

Practice shows that the Bulgarians include various clauses in marriage contracts. Some are general while others are extremely detailed. For example, spouses may agree on many specific costs – one is obliged to pay the bills for electricity and heating, and the other – the water bills.

Translated by Rossitsa Petcova

По публикацията работи: Milka Dimitrova

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Is there a boom in marriage agreements in Bulgaria?

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