The marriage register contains marriages registered from 1928 to the present day. A total of 120,000 marriages registered before 1981 were registered in a manual index file, while records after 1981 can be searched in a database. If, as the third party knows, the husband and wife agree to separately own their property acquired during their married life, the debt owed by the husband or wife to another person is settled from the property he owns separately. In 2003, China`s Supreme Court ruled that the types of property that can be the subject of a marriage contract include a party`s capital income, housing allowances, insurance, unemployment benefits, and income from intellectual property rights. SOUTH AFRICA Marriage contracts in South Africa are enforceable. We believe that for international couples who want to get married, it is always advisable to consider an international marriage contract, which is sometimes called a prenuptial or marital contract or a marriage contract. Each spouse manages his property as he sees it. However, there is an exception for the place of residence of the couple: to sell it, it is necessary to obtain the consent of both spouses, even if the property belongs to only one. BRAZILThe ordinance contracts are enforceable in Brazil. See articles 256, II of the Civil Code. Brazilian courts generally recognize a marriage contract that is valid under the law of the place of marriage.
In Brazil, however, it is much more normal for couples to choose a marriage regime at the time of marriage. Four diets are available. The standard regime is Comunhao Parcial, according to which (a) the prenuptial property of each spouse remains the personal property of that spouse, as well as all property acquired during the marriage with means or rights born before the marriage, and (b) the property acquired after the marriage is jointly owned. Other available regimes are Comunhao de Bens (community property), Separacao de Bens (separate property) and Participacao Final dos Aquestos (final division of acquisitions, which means that property acquired during the marriage is divided equally). SWEDEN Premium contracts are enforceable in Sweden. RUSSIAThe prenuptiality agreements are enforceable. See “Grounds for divorce and maintenance between ex-spouses: Russia” by Dr. Masha Antokolskaia: www2.law.uu.nl/priv/cefl/Reports/pdf/Russia02.pdf.
A system of separation of property, a universal community, a system of co-ownership reduced to property acquired after marriage: the marriage contract makes it possible to prepare together the marital status. JapanIn Japan, the Horei law allows spouses who marry in Japan to choose the matrimonial regime that governs their marriage, provided that it is either the law of the country whose spouse is a national or habitual residence, or, in the case of immovable property, the law of the place of immovable property. The Horei Law also stipulates that marriage contracts are valid if they are concluded under the provisions of a foreign law and establishes a provision for the registration of foreign marriage contracts in Japan. BAHAMASThe prenuptiality agreements are not enforceable in the Bahamas, but the courts may take this into account when determining the intention of the parties. In general, the Bahamas is likely to follow the English approach, which could now attach “crucial importance” to a marriage contract. The agreements of the Swiss COMMISSION are enforceable in Switzerland. Before you get married abroad, you should consult the private international law of the chosen country to find out the conditions to be met and the applicable judicial regulations. This informed perspective will help you choose the solution that best suits your needs. In fact, the applicable marital status is the one you have chosen (written agreement, marriage contract). You can choose between the law of the country in which you both reside and the law of the country of which one of you is a citizen. You can change your selection at any time.
If you have not made a choice, the law of the country of residence generally applies. Micheloud & Cie 2003 switzerland.isyours.com/e/immigration/marriage/marrying_a_swiss_outside_of_switzerland.html SINGAPOREHigh contracts are treated “with caution” in Singapore. The existence of a financial agreement is “only a factor that the court must take into account.” Although prenuptial agreements have many advantages for conventional marriages, the benefits are usually multiplied if the parties come from different countries or have assets abroad or live abroad. LUXEMBOURGLuxembourg is a party to the Hague Convention on the Law Applicable to Matrimonial Property Regimes, which approves, inter alia, marriage contracts. “With regard to property acquired during the term of the marriage contract and matrimonial property, the husband and wife may agree whether they are to be in separate possession, in co-ownership or in partially separate and partly co-ownership possession. The agreement must be in writing. The provisions of sections 17 and 18 of this Act apply to the absence of such an agreement or to a vague agreement. The marriage register contains important information about the property/property of the spouses, and the principle that this information must be public also applies to this register. To obtain information about a marriage, it is sufficient to provide the name, date of birth and address of one of the spouses.
For the electronic search in the marriage database, it is useful to also provide the national identity number of one of the spouses. AUSTRIAHochschulverträge are in principle permitted and are applied under certain conditions. The Austrian Private International Law Act provides that the formal terms of a valid marriage contract are governed by the law of the place where the contract was concluded. The law in Austria was somewhat liberalised by a law on 1 January 2010. Now, a marriage contract can contain provisions on the marital domicile of the parties, although the courts have the power to waive these conditions if they deem it necessary. The scope of these prohibitions is relatively narrow. Industrialized countries had already accepted the ban on export subsidies under the Tokyo Round Subsidy Agreement, and subsidies for the local part of the type prohibited by the Subsidies Agreement were already inconsistent with Article III of the GATT 1947. The most important thing about the new agreement in this area is the extension of commitments to developing countries subject to certain transitional rules (see section below on special and differential treatment), as well as the creation of a (three-month) early dispute settlement mechanism for complaints about subsidies prohibited under Article 4 of the SCM Agreement. Marriage contracts concluded under foreign law and valid under that law may be enforceable in Italy, unless they are void on grounds of public order. The agreement between the husband and wife on the property acquired during the marriage contract and on matrimonial property is binding on both parties.
A major advantage for international people is that a prenuptial agreement can greatly simplify a future divorce that might otherwise be too complex or confusing. SPAINThe commercial contracts are enforceable in Spain, unless they are seriously detrimental to the children or to one of the spouses. Article 90 of the Spanish Civil Code. In recent years, the number of marriage contracts signed in Spain has risen sharply. See “Separate property and family self-determination in Catalonia: a peaceful model under radical change?” by Albert Lamarca i Marqus: civil.udg.es/isfl/europeanregionalconference2003/texts/pdf/Lamarca.pdf HONG KONGIt is not clear to what extent marriage contracts are effective under Hong Kong law. Section 7 of the Hong Kong Matrimonial Procedures and Property Ordinance (MPPO) sets out the relevant factors to be considered by a court in resolving financial problems between departing spouses. While marriage contracts do not need to be enforced in Hong Kong, if both parties were represented by a lawyer at the time of signing and the documents were signed well before the actual date of the marriage, they can be of considerable probative importance. Do you want to add words, phrases or translations? How can I pick up my translations in the vocabulary coach? It is intended to cover most situations, but is particularly limited in family or patrimonial situations. B, for example, where the spouses are self-employed and their work involves financial risks. A more appropriate status must then be assumed. DENMARKIn Denmark, marriage contracts are allowed. There is no formal requirement or legal representation, except that they must be in writing.
You must be registered with a district court, which then arranges registration with a national clerk. However, Danish courts tend to make arbitral awards by way of derogation from the provisions of the marriage contract if the contractual terms are unfair, in particular if the marriage has been extended and the contract has withdrawn all the capital of the spouses from the matrimonial community of property. ENGLAND and WALES The law of marriage contracts in England and Wales is confusing and unresolved. .