Spouses’ Agreement
A marriage contract in Lithuania is an agreement between spouses that defines their property rights and obligations during marriage, as well as in case of divorce or separation.
This contract is entered into voluntarily, based on mutual consent, and is grounded in the principle of equality between the parties.
Characteristics of a Marriage Contract:
- It’s a civil agreement (civil law rules apply);
- It is entered into on a voluntary basis (whether or not to enter into a marriage contract is a matter for the fiancés or spouses to decide freely and independently, as it is their right and not their duty);
- Expressing the common will of the contracting parties (the contract must express the common will of the spouses (fiancés), in other words, it must be a unanimous expression of will);
- May only be concluded between spouses or engaged persons.
Marriage contracts can be concluded before registration
A prenuptial agreement concluded before the registration of marriage is called an antenuptial (or prenuptial) agreement. Its key feature is that this type of agreement becomes effective only from the date of the marriage registration — that is, from the moment there arises a need to regulate the spouses’ mutual property relations in one way or another.
The couple may agree that the prenuptial agreement will take effect only after a certain period following the marriage registration, provided such a timeframe is established by mutual agreement. A postnuptial agreement may be concluded at any time after the marriage is registered. It enters into force on the date it is signed, unless otherwise specified in the agreement.
Contracting depends on eligibility to marry
This means that a prenuptial agreement can only be concluded by adult, opposite-sex, legally capable natural persons who are not closely related by blood.
The Civil Code of the Republic of Lithuania stipulates that marriage is permitted from the age of 18. However, a court may lower this age by up to 3 years, and in the case of pregnancy, a person may be allowed to marry even before reaching the age of 15.
A prenuptial agreement must be concluded in notarized form.
The agreement must also be registered in the register of prenuptial agreements. An unregistered prenuptial agreement is not invalid, but it — as well as any amendments or termination — can only be used against third parties once it has been registered in the register.
Legal property regimes:
- Statutory regime
- Contractual regime
General Principle
The general principle – if the spouses have not entered into a prenuptial (marital) agreement, the property is subject to the statutory property regime. The essence of this regime is that the property acquired after marriage is considered the joint ownership of both spouses. If the spouses are not satisfied with this statutory regulation, they can define their own property regime in a prenuptial agreement.
The content of the prenuptial agreement consists of the terms agreed upon by the parties, i.e., the spouses or future spouses, regarding existing and future property, the acquisition of property rights, their possession and execution, and certain mutual financial obligations.
The spouses may, at their discretion, establish the following property regimes:
- Property acquired both before and during the marriage is the personal property of each spouse (a legal regime of full separation of property – each spouse retains individual ownership of assets and may freely manage and dispose of them).
- Property acquired by each spouse before the marriage, which was their personal property, becomes joint property upon marriage registration (a legal regime of full community of property – no specific shares are defined, and both spouses have equal rights to manage and use the property).
- Property acquired during the marriage is joint ownership in defined shares (the shares are determined by mutual agreement and do not have to be equal. This type of agreement only covers property acquired after marriage).
A prenuptial agreement can cover both current and future property of the spouses
A prenuptial (marital) agreement can apply to both current and future property of the spouses. For example, it may stipulate that property acquired before or during the marriage will remain the personal property of each spouse. If the agreement does not specify the legal regime for newly acquired property, the statutory property regime will apply, meaning that all property acquired during the marriage will be considered joint ownership.
Spouses are allowed to agree that one of the mentioned property regimes will apply either to all property or to a specific part of it. It is also allowed to establish a mixed property regime – for instance, joint or shared ownership for real estate, and personal ownership for a passenger car.
Family property legal regime
The Civil Code introduces a separate legal regime for family property, which cannot be altered by a prenuptial agreement – such property remains family property regardless. Therefore, spouses cannot declare it as personal property in a prenuptial agreement. Family property is part of the spouses’ estate and is important for all family members, especially minor children. As a result, the legal regime governing family property is stricter than for other assets. Family property includes the family’s residence and movable items used for household purposes, such as furniture – that is, property considered essential for the material foundation of family life.
A prenuptial agreement allows not only choosing a property regime
A prenuptial (marital) agreement allows not only the selection of a property regime but also the regulation of rights and duties related to property management, mutual maintenance, contribution to family needs and expenses, as well as provisions for the division of property in case of divorce, and other matters concerning the financial relations between the spouses.
An agreement on property management may include conditions such as how the spouses will use jointly owned or individually owned property, how one spouse will be informed about transactions made by the other that do not require written consent, and similar issues. The prenuptial agreement can specify rights and obligations related to managing income (e.g. wages, fees, pensions) or other assets acquired.
The agreement may include:
The agreement may specify how much money each spouse will allocate to cover family needs: rent or mortgage, food, leisure, property improvements, children’s education, medical expenses, etc.
Spouses may also regulate how the property will be divided in the event of divorce. They may agree on which items or parts of the house will belong to whom, or that indivisible items (e.g. a car, TV) will be assigned to one spouse, with compensation paid to the other.
“…clearly define the rights and obligations related to the use of residential premises after divorce…”
Spouses may also regulate other rights and duties concerning their financial relations, for example, by clearly defining the use of the family residence after the divorce. Such arrangements may include the right to use each other’s income from securities, bank deposits, business shares, rental income, dividends from stocks, and similar.
A prenuptial agreement is invalid if it contradicts public order or good morals.
Morality refers to norms and principles regulating human behavior, and is a form of social consciousness. The standard of good morals includes a culturally and ethically aware person’s understanding of right and wrong, justice, duty, and decency. Additionally, prenuptial agreements must not contradict public order:
- meaning spouses cannot include provisions that violate the norms of shared life,
- property rights must not be exercised in a way that:
violates the rights and interests of others,
undermines the principle of justice,
restricts the freedom to marry, etc.
Prohibited clauses in prenuptial agreements
Clauses that limit a spouse’s legal capacity or capability are not allowed. A prenuptial agreement cannot restrict a spouse’s right to education, choice of profession, right to work, freedom of movement, etc. For example, one spouse may wish to forbid the other from engaging in certain lawful professions – such clauses violate individual rights and are invalid from the moment of inclusion.
Prenuptial agreements only govern property matters
Prenups may only regulate matters of financial or property nature, such as:
- rights and obligations related to property management,
- mutual maintenance,
- participation in family expenses and needs,
- and in case of divorce – method and procedure for dividing property,
as well as other matters strictly related to the couple’s financial relationship.
Therefore, clauses that regulate non-financial personal matters, such as requiring one spouse to give up their surname after divorce, are invalid.
A prenuptial agreement is also invalid
If it includes provisions regarding parental rights or responsibilities, such as stating that a child will remain with the mother or father after divorce. The agreement may not limit or deprive a spouse of the right to support, such as stating that a disabled spouse will not receive maintenance.
In summary
Another reason for invalidity is limiting or removing a spouse’s right to go to court. For example, one spouse cannot force the other to give up the right to request division of jointly owned property in case of divorce.