4 Can or must the matrimonial property regime be registered?

4.1. Do one or more matrimonial property registers exist in your country? Where?

The matrimonial property regime provided for in a marriage contract has to be registered in the Spousal Property Relations Register held by the Register of Enterprises in order to be opposable to third parties. Besides that, also other information required by law (see under 4.2.) and contracts, court judgments, decisions, and notices that pertain to the property relations of the spouses shall be registered.

The marriage contract shall be registered in the respective regional department of the Register of Enterprises in whose serviced administrative territory one spouse’s place of residence is registered. If the marriage contract includes a clause about real estate, the contract shall also be registered in the Land Register of the place where the property is located.

4.2. Which documents are registered? Which information is registered?

The Spousal Property Relations Register shall contain the following information:

  • Information on the spouses;
  • Information on the matrimonial property regime stipulated: separation of property or community of property; time of registration in the Register; information about the marriage contract; time of termination of the matrimonial property regime;
  • Specific information: information on which assets form part of the separate property of each spouse; liability of a spouse for the obligations of the other spouse; restrictions of the spousal property rights; other information that pertain to third parties; notations.

4.3. How and by whom can the information in the register be accessed?

Any person can consult the Register and request extracts from its files.

4.4. What are the legal effects of registration (validity, opposability)?

The contract, as well as a court judgment on the division of joint property, is opposable to third parties after its registration in the Spousal Property Relations Register; with regards to real estate, it is opposable after its registration in the Land Register.