A marital agreement allows future or current spouses to arrange their property and financial affairs around their plans. It can be useful when buying a home, making unequal contributions or taking on financial commitments. To achieve its intended effect under Bulgarian law, the agreement must comply with the Family Code and meet the required formalities.

When can a marital agreement be signed?

Under Article 37 of the Bulgarian Family Code, persons with full legal capacity may enter into a marital agreement before or during marriage. A prenuptial agreement takes effect when the marriage is concluded. An agreement signed during marriage takes effect on the date of signing or another date specified in it, under Article 40(1).

There does not need to be an impending divorce. The agreement can provide clarity in advance, for example about the ownership of a future property and the allocation of household expenses. The choice between the statutory community property regime, separation of property and a contractual regime should be assessed against the couple’s particular assets and liabilities.

What can the agreement cover?

Article 38 permits provisions dealing only with property and financial relations between the parties. These may address:

• rights in assets acquired during the marriage and assets owned beforehand;
• management and disposal of property, including the family home;
• contributions to family expenses and liabilities;
• the financial consequences of divorce;
• spousal maintenance during marriage and following divorce, and maintenance for children of the marriage, within the limits permitted by law.

For example, the couple may consider what ownership rights each will have in a planned home and how particular expenses will be shared. However, an agreement allocating loan payments between spouses does not, by itself, release a borrower from obligations to the bank. The agreement cannot prejudice rights acquired by third parties before it was concluded.

What are the limits?

A marital agreement does not regulate personal relations or replace the court’s assessment of parental responsibility, the child’s residence or contact arrangements. Child maintenance provisions must comply with mandatory legal requirements and the child’s interests.

The parties cannot simply designate one spouse’s premarital property as matrimonial community property. This restriction should be distinguished from a specific transfer of property, which requires a separate legal assessment. As a rule, a marital agreement cannot contain dispositions taking effect on death. Article 38(3) provides a narrow exception concerning the spouses’ shares on termination of an agreed matrimonial property community. Property matters left unregulated by the agreement remain subject to the statutory community property regime.

Formalities, notarisation and registration

The parties must enter into the agreement personally, in writing, with notarisation of both its contents and their signatures. An ordinary signed document does not satisfy these requirements. Where the agreement transfers ownership or creates or transfers another right in rem over immovable property, the special rules on the competent notary and registration in Article 39(2)–(3) apply.

The property regime is recorded in the central electronic register maintained by the Bulgarian Registry Agency under Article 19. An agreement concluded during marriage must also be noted in the civil marriage record. Registration of the matrimonial property regime and registration of an immovable property transfer are separate steps.

Can the agreement be changed?

Yes. An amendment must meet the same formal requirements as the original agreement and cannot prejudice third-party rights already acquired. Articles 42–43 govern termination, rescission and invalidity. Divorce does not automatically extinguish clauses intended to regulate the consequences of the end of the marriage and continue afterwards.

How should you prepare?

Gather title documents, information about loans and encumbrances, and a list of the matters you wish to address. Clarify which assets you already own, what you plan to acquire and which obligations are owed to external creditors. This allows the draft to reflect the actual circumstances.

For assistance with the available arrangements, see our family law services in Bulgaria. You can find information about our team and contact details on the Zdravkov Attorneys at Law home page.

Legal source: Bulgarian Family Code — Ministry of Justice, Articles 18–20 and 37–43. Checked on 22 October 2026.

This article provides general information and is not individual legal advice. The appropriate approach depends on the documents and circumstances of the particular case.