Hungary: Family Law



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.

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