Where drafting a marriage contract is needed or if discrepancies have occurred between the spouses and legal interference is required, choose professional lawyers who will be able to resolve any situation and provide legal assistance quickly and in high quality.
At TADEO, we offer the following legal services:
- legal advice on marriage contracts, nuances of its drafting and its legal consequences in the future;
- preparation of the marriage contract and documents for registration;
- drafting the application for the dissolution of marriage;
- legal advice on the dissolution of marriage and the related issues (such as distribution of property, custody and contacting rights, etc.);
- legal assistance in preparation of statements of claim for the court, representation of your rights in judicial proceedings and issues related to execution of the court ruling.
Marriage, as to its merits and form, is a contract, under which economic interests of the persons united by it are joined. Undeniably, upon occurrence of certain conditions, this contract can be terminated or, when entered into unlawfully, declared non-existent.
Property relationship between the spouses is governed by laws and regulation, however, practice has proven that legal regulation does not always provide the spouses with clarity regarding their property relationship, which sometimes causes disputes and discrepancies as well as prolonged and expensive judicial proceedings. In order to avoid such disputes or minimise such as much as possible, it is possible for the spouses to agree on property relationship by entering into a written contract.
Regulation of property relationship between the spouses by a contract
Drafting a marriage contract is an option available the spouses themselves, and such a contract may be drafted not only during marriage, but before marriage as well. The purpose of the marriage contract is to regulate property relationship between the spouses, so, by means of such contract, the spouses are avoiding not only possible disputes on distribution of property in the future, but also define, at the same time, the threshold of responsibility, for example that the spouse is not responsible for the obligations of the other spouse, or just the contrary – completely assumes such responsibility.
Considering that marriage contracts affect the creditors of the spouses, they are of public nature, i.e. subject to registration in a dedicated register kept and maintained in Latvia by the Register of Enterprises.
Dissolution of marriage or declaring it void
Dissolution of marriage in court in Latvia may be either simple and quick process or a complicated and time-consuming one if related to resolving various disputes between the spouses. However, it is advisable to involve a lawyer even in a seemingly simple process to assist in drafting the required documents so that no disputes arise in the future on issues not resolved or understood initially.
In the events where the spouses have completely agreed on the dissolution of marriage and the related matters (such as distribution of property, custody and contacting rights), the marriage is dissolved by a sworn notary, but even in such a case it is advisable to consult with a lawyer regarding preparation of the required documents and applications.
In the events where the spouses are unable to agree, the process of dissolution of marriage is in the jurisdiction of the court. The court may also declare the marriage void when it has been concluded in an unlawful way.