BLOG

Hungary

Posted by Jeremy Morley | Jan 13, 2020 | 0 Comments

Prenuptial agreements are enforceable under Hungarian law, as are post-nuptial agreements. 

Hungary

Section 4.63(1)  of the Civil Code of Hungary provides that, “The function of the marriage contract is to permit the parties to the marriage or the spouses to define a property regime - in lieu of marital community of property - with a view to governing their property relationships during the marriage from the time specified in the agreement.  Subsection (2) provides that, “In the marriage contract the parties may define several different property regimes relating to certain specific assets, and they may even deviate from the rules on statutory and optional property regimes, if such deviation is not precluded by this Act.” For the validity of the prenuptial agreement as between the spouses themselves, the only requirement concerning form is that the agreement shall be an “authentic agreement” between the parties. For validity vis-à-vis third parties, the agreement should be recorded in the national register of marriage contracts.

The Hungarian Act on Private International Law (Article 28) authorizes the parties to choose the law that will apply to their matrimonial property rights. They may choose the law of the state of one party's nationality, the law of the state of one party's habitual residence, or the law of the court that will handle a divorce case.

The definition of a matrimonial property contract in the Civil Code does not include provisions concerning spousal support or child support.

About the Author

Jeremy  Morley
Jeremy Morley

Jeremy D. Morley was admitted to the New York Bar in 1975 and concentrates on international family law. His firm works with clients around the world from its New York office, with a global network of local counsel. Mr. Morley is the author of "International Family Law Practice,...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Providing wise and experienced legal counsel to international families for many years

Aenean lacinia bibendum nulla sed consectetur. Donec sed odio dui. Maecenas sed diam eget risus varius blandit sit amet non magna. Nulla vitae elit libero, a pharetra augue. Curabitur blandit tempus porttitor. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Cras justo odio, dapibus ac facilisis in, egestas.

Menu