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Law Firm Georgieva and Georgiev strives to meet the contemporary needs of the economic aspects of a marital union, connecting business and family, as in compliance with the newly-adopted Family Code of Republic of Bulgaria provides services, connected to the protection or guarantee of the property of each spouse- before, during and after the marriage.

With the adoption of the new Family Code, which arranges the judicial regimes towards community property in a new and additional way, each spouse is given the possibility to protect the property and business he/she owns or has independently established from eventual claims of the other spouse or his/her heirs when entering into a prenuptial agreement.

The prenuptial agreement may solely contain provisions about the property relations between the parties, as arranging issues related to:

  • rights of the spouses on property acquired during the marriage
  • rights of the parties on property owned by them before the marriage, including  the transference or establishment of real right on the property from one of the parties in favor of the other
  • methods for the management and disposition of the property, including the familial residence
  • participation of the parties in expenses and obligations
  • property consequences due to termination of the marriage through divorce;
  • support of the spouses during the marriage as well as after its termination through divorce
  • support of the children born during the marriage
  • other property relations between the parties, as long as they in conflict with the provisions of the Family Code

Property relations between the parties may also be arranged by referral to some of the legal regimes.

The arrangement that the prenuptial property of one of the parties will become community property is not acceptable.

The prenuptial agreement may not contain provisions at the event of death.

Personal relations are explicitly excluded from the entirety of the prenuptial agreement.

Another significant characteristic of the prenuptial agreement is related to its form. The prenuptial agreement shall personally be concluded by the parties, in written form, with notarization of its content and the signatures.

When property rights or the establishment of other real right on real estate are transferred with the prenuptial agreement, it shall be notarized by the Notary in whose district the property is situated.

 
1 А Kaimakchalan str.
3 fl., 14 app.
1505 Sofia, BULGARIA
Phone +359 2 944 03 11

www.legaideas.eu
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