21 March, 2019

“One prenup please!”

As of April 15th 2019, it will be possible to conclude a Prenuptial Agreement in Slovenia. From that day onwards, the provisions of the Family Code (hereinafter: “DZ”) shall fully apply and thus replace the peremptory provisions of the Marriage and Family Relations Act (hereinafter: “ZZZDR”).

According to the first paragraph of Article 62 of the ZZZDR, any contracts governing the regulation of property relations between spouses (and extra-marital partners) must be concluded in the form of a notarial act. Property obtained by work during the period of the marriage is considered spouses joint property.

As of April 15th 2019, DZ will provide similar arrangements in Article 66. In accordance with the first paragraph of Article 77 of the DZ, the special property of each spouse will (meaningfully, as before) be the property obtained by the spouse prior to the marriage or free of charge during the duration of the marriage.

The new Family Code provides the legal possibility for the future (existing) spouses to regulate their property relations differently from the law, namely to exclude the formation of “joint property”, as well as to regulate the consequences in the event of divorce (the distribution of joint property, maintenance right of the former spouse etc.). The future (existing) spouses can arrange the abovementioned property relations by the Marriage Contract (also known as the Prenuptial Agreement). Before the contract is concluded, spouses must inform each other of their property status, otherwise the contract on the regulation of property relations is void.

In order to avoid the uncertainties caused by the possible divorce and if you want to protect your property rights, make sure that they are secured by means of the Marriage Contract.

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