Plan ahead for the security of your family

A long-term relationship is essentially about emotional and economic community, so there are definitely property consequences. The specifics of this depend on whether the parties are married or in a de facto relationship. Hungarian law recognises the so-called statutory property regime, which means that unless the parties provide otherwise, the rules laid down in the Civil Code apply to the property relations of those living together, whether in a marriage or in a de facto relationship. These rules can be derogated from by agreement. Pre-nups and post-nuptial agreements shall be binding in Hungary. By planning carefully, you can ensure your family's financial security.

Hungarian civil law allows parties freedom of contract, and this principle also applies to family law. This means that you have the right to shape your private affairs within the law. You have the autonomy to choose the life situations you wish to be involved in, including entering into contracts such as marriage.

To make informed decisions, it is important to have access to accurate, relevant information. You need to know the distinction between the legal status of spouses, civil partners/de facto relationship and registered partners.

Upon entering into a marriage or a registered partnership, both parties agree to split any assets acquired during the marriage/partnership, whether jointly or individually. Should you wish to deviate from the aforementioned statutory property regime, you may do so by entering into a (prenuptial) agreement, which shall be legally binding in Hungary.

In contrast, de facto partners are not entitled to joint property in equal shares, but rather in proportion to their contribution to its acquisition. It is often challenging to ascertain the respective contributions of each partner to the community property at the time of dissolution. Therefore, a property contract can be a valuable tool for civil partners.

 

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