3 How can the spouses arrange their property regime?
3.1. Which provisions can be modified by a contract and which cannot? Which matrimonial property regimes may be chosen?
As already stated in question 2.1., the spouses may agree not to apply the legal rules and conclude a full or partial agreement on separate property. The property made subject to this agreement is not subject to division in case of divorce, legal separation, etc. (Act on the Legal Effects of Marriage, § 16, cf. § 28)
3.2. What are the formal requirements and who should I contact?
An agreement on separate property shall only be valid if it is made in writing, signed by both spouses and registered (see under 4.). (Act on the Legal Effects of Marriage, §§ 35 and 37)
3.3. When may the contract be concluded and when does it come into effect?
An agreement on separate property may be concluded both prior to and after entering into the marriage. An agreement which was concluded and registered before marriage comes into effect at the time of marriage. An agreement concluded after the marriage comes into effect at the time of registration.
3.4. May an existing contract be modified by the spouses? If so, under what conditions?
An agreement on separate property may be changed at any time by a new agreement fulfilling the above-mentioned requirements. (Act on the Legal Effects of Marriage, § 28 b)
