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

There is a Register of Marriage Contracts in Lithuania; the register is managed by the Central Mortgage Office.

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

The register records marriage contracts and divisions of property.

The register shall include the date of the marriage contract, details on the parties to the contract, the date when or condition under which the contract enters into effect, details on the property subject to an agreement on the applicable regime, and the property regime provided (Para. 14 of the Regulations on the Register of Marriage Contracts).

The register shall include either the contract or the court decision on the division of community property, details on the parties to the contract or details of persons whose property is divided on the basis of a court decision, details on the property subject to a confirmed contract or a court decision on division, and the applicable regime provided (Para. 15 of the Regulations on the Register of Marriage Contracts).

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

Extracts from the register shall be provided in writing, by e-mail, by post or by other communication measures, or in person (Para. 63 of the Regulations on the Register of Marriage Contracts).

Data from the register shall be provided for any person stating a reasonable and lawful purpose for use of the data (Para. 67 of the Regulations on the Register of Marriage Contracts).

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

A marriage contract and its amendments may be opposed to third parties provided they have been registered in the Register of Marriage Contracts. This rule shall not apply if at the time of the transaction the third party knew of the marriage contract and its amendments (Art. 3.103(3) of the CC).

4.5. Can a matrimonial contract concluded in a foreign state according to foreign law be registered in your country? If yes, under which conditions or formalities?

[This information is valuable in respect of third parties, see art. 28 of the European Regulation (EU) 2016/1103 of 24 June 2016. When a matrimonial contract is registered in your country it can be invoked against third parties. An interconnection of matrimonial property registers in Europe is not existing and therefor the registration of the matrimonial contract must be undertaken in all countries separately, where the spouses have property or conclude contracts. Only then the spouses can invoke their matrimonial contract against third parties in that country.]

In Lithuania it is possible to register a matrimonial contract in the Register of matrimonial contracts, which is concluded abroad. A matrimonial agreement concluded in a foreign state may be registered in the Register of matrimonial contracts if at least one of the parties has the personal identification code provided by the Population Register of Lithuania and the personal code is specified in a matrimonial agreement.

One of the spouses or cohabitants wishing to register a matrimonial agreement or to record amendments to the agreement approved in a foreign state, as well as to record the termination of such agreement, may submit the data to the Register of matrimonial contracts in person or through an authorized person, by post or electronically.

All data and documents provided to the Register of matrimonial contracts shall be in Lithuanian. If the documents are not written in Lithuanian, a translation approved in accordance with the procedure established by legal acts must be attached. A matrimonial contract concluded in a foreign state must be certified by an Apostille or legalized.

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