Conclusion of a Marriage Contract in Lithuania
A marriage contract is an agreement between spouses that defines their property rights and obligations during marriage, as well as after the dissolution of the marriage or in the event of separation. In the Republic of Lithuania, a marriage contract is a voluntarily concluded agreement that reflects the mutual will of the contracting parties and is based on the principle of equality between them.
In Lithuania, spouses may, at their discretion, establish the following property regimes in their marriage contract:
- Property acquired both before and during the marriage remains the personal property of each spouse. This legal regime of full separation of property means that any assets acquired by a spouse during the marriage are considered their personal property, which they may use, manage, and dispose of at their own discretion.
- Property that belonged to each spouse before the marriage and was their personal property becomes joint common property after the registration of the marriage. Under this regime, spouses’ shares in the property are not specified. Each spouse has equal rights to manage, use, and dispose of the common property. In Lithuania, this means that not only the property acquired during the marriage but also the property owned prior to marriage becomes joint common ownership.
- Property acquired during the marriage is considered joint partial ownership of the spouses. The shares of the spouses in this property are determined by mutual agreement and do not have to be equal. This type of marriage contract applies only to property acquired during the marriage.