Rights and obligations of spouses
A marriage is a union of a woman and man regulated by lawIn a marriage, martial spouses are equal, decide together on having and raising children and their place of residence.
Each marital spouse independently decides on the course of his or her career and profession.
Marital spouses may conclude a nuptial agreement to regulate their property relations regarding the existing or future assets. The martial spouses’ signatures affixed to the nuptial agreement have to be certified by a notary public.
If the property relations were not regulated by a nuptial agreement and the marriage is terminated, they are regulated by reaching an agreement before the court or by a court decision.
Marital spouses can choose together their place of residence and whether they will live in a house or apartment as their family home for them and their children. In the course of marriage, a marital spouse may not dispose of or encumber the family house or apartment which represents matrimonial property and is also the family home where the other marital spouse and children under their custody live without written consent of the other marital spouse.
If the marriage is terminated and the marital spouses have not reached an agreement, the court may determine, at the request of the marital spouse with whom the children live, that they have the right to live in the family home which represents matrimonial property and the family home until the dissolution of matrimonial property.
Marital spouses can own matrimonial property and their own property.
Marital spouses are co-owners of their matrimonial property in equal proportions, unless determined otherwise in the nuptial agreement.
If property relations are not regulated by agreement, marital spouses can apply to the court for a decision on how the matrimonial property will be divided.
Marriage and consensual union stand equal before the law and this also applies to non-marital spouses.