The Concept of the Marriage Contract and the Time of Its Conclusion
A marriage contract is the instrument for determining the property future of the spouses in advance. Under Article 1172 of the Civil Code, spouses may conclude a marriage contract that determines their property rights and obligations both during the marriage and upon divorce. In terms of timing the law grants freedom: under Article 1173, a marriage contract may be concluded either before the registration of the marriage or after its registration at any time. A contract concluded before the marriage — the classic form of advance planning — enters into force from the registration of the marriage, which matters particularly for those who wish to fix the complete picture of their property relations before the wedding. Such advance planning allows future conflicts to be discussed while trust between the parties is intact, rather than once the relationship has become strained. In practice a prenuptial contract is often perceived not as a sign of distrust but as a sign of responsibility.