3.1. Which provisions can be modified by a contract and which cannot? Which matrimonial property regimes may be chosen?

The matrimonial property regimes of community of property, community of accrued gains and separation of property may be changed an unlimited number of times during the marriage by concluding a marital property contract.

Despite the matrimonial property regime with the marital property contract spouses may:

• terminate the property regime chosen upon marriage or by the marital property contract;
• choose another property regime prescribed by law;
• make alterations in the selected property regime in the cases prescribed by law;
• specify the law applicable to their proprietary relationship if the spouses reside in different countries or have different citizenship.

In the case of the community of property regime, the following may be stipulated in a marital property contract:

• that the restrictions imposed by legislation for transactions concerning the family’s dwelling or a dwelling used separately by one spouse do not apply (see 2.4.);
• individual assets or certain type of assets may be declared joint property or separate property;
• the right to administer joint property may be entrusted to one spouse and such a right may be restricted by terms agreed in the contract;
• it may be stipulated that the consent of a spouse is not required for transactions conducted in independent economic activity of the other spouse.

In the case of the community of accrued gains regime,the following may be stipulated in a marriage contract marital property contract:

• that the restrictions imposed by legislation for transactions concerning the family’s dwelling or a dwelling used separately by one spouse do not apply (see 2.4.);
• that the scope and calculation of fixed assets are determined differently than provided by the law (see 5.3.).

3.2. What are the formal requirements and who should I contact?

The spouses shall enter into the marital property contract personally and the contract must be drawn up and authenticated by a civil law notary.

3.3. When may the contract be concluded and when does it come into effect?

A marital property contract may be concluded either before or during marriage (in the latter case it enters into force on its conclusion). If concluded before marriage, it enters into force on the day on which the marriage is celebrated.

3.4. May an existing contract be modified by the spouses? If so, under what conditions?

Spouses are free to modify marital property contract (see 3.1.).

3.5. Can a matrimonial contract be given retroactive effect according to the national law in your country, when spouses conclude this contract during marriage?

[This information is valuable for international spouses, who have since the European Regulation (EU) 2016/1103 of 24 June 2016 went into force on 29 January 2019 have the possibility to make a choice of law with retroactive effect, see article 22 par. 3 and 4 of the regulation. It is important to know if the national law accepts the making of a matrimonial contract during marriage with retroactive effect as well, so the choice of law and the matrimonial contract can both have retroactive effect.]

Under Estonian law the spouses can provide in the matrimonial property contract that it has retroactive effect, but such contract would be valid only between them and would not have any effect on third persons.

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