By the Statute, assets obtained through engagement of work, after entering into a marriage agreement, are considered the joint property of the partners. This means that, for example, the salary earned by one spouse is considered to be the property of both of them.
On contrary to that, everything that is obtained prior to marriage or during, however not through one spouse’s work engagement (for example by gift or inheritance) is acknowledged as sole property of the spouse.
However, what happens when this sole property is bringing profit. By the law, even if the value increase refers to the sole property of a spouse, their partner obtains the right to that property in accordance with their contribution to the value increase. In addition to that, the partners share in their joint property are considered equal.
This assumption, however, does not align with a variety of partners relationships that we meet in real life. Hence, as much as this kind of relationship is a symbiosis of different roles, differences, and disbalance in actual contribution to the joint property are often obvious. In such cases, the law must be modified so it can fit into the scope of reality. This is when the marriage agreement should play its part.
By entering into this kind of contract, spouses can exclude their relationship form the Statute provisions that recognize a spouse’s property (obtained by investing work and time) as joint marital property. In addition to that, the ownership rights to their future property can be regulated in a way that it represents the reflection of partners actual contribution to that property.
In that matter, instead of dividing all marriage assets into two equal parts regardless of the effect of both partners investment, parties of the contract can agree to split future marriage assets on the different ratio (for example 30% and 70%). It is also possible to prescribe that the property obtained directly by the work of one spouse, will be considered that persons sole property as well as that the profit made by the spouse’s sole property also remains their sole property, regardless of the potential other spouse’s contribution to it.