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News in prenuptial contracts

Lithuania: Prenuptial contracts concluded outside Lithuania can now be filed online with the Lithuanian marriage property register.

Registration of prenuptial contracts has become simpler in Lithuania. Prenuptial contracts concluded outside Lithuania can now be filed digitally with the Lithuanian marriage property register. This new, but as yet not very common, service “Filing with the Lithuanian marriage property register”, was established in January 2016.

Applicability of Lithuanian law
The obligation to apply Lithuanian law to a prenuptial contract is abolished. According to the new regulation of the Lithuanian marriage property register, effective since 1 January, prenuptial contracts or equivalent civil partnership contracts concluded outside Lithuania can be filed with the register if one of the contracting parties has obtained a personal identification code through the Lithuanian population register. www.vedybusutartys.lt – the website of the state marriage property register – provides a service to file data concerning contracts concluded outside Lithuania. At the menu point “Data submission to the prenuptial contract register” on the website, one of the contracting parties can register their prenuptial contract, contractual changes and the termination of the contract. In this context it has to be mentioned that in Lithuania only registered contracts are effecive against third parties.

Easier process
After signing in by using your online banking or your electronic signature, operation of the website is not that difficult. First the date of the marriage, then the date and place of the prenuptial contract, including the personal data of the official who certified the contract, should be provided. Next, the personal data of the spouses: personal Identification Code, if one of the contracting parties has already obtained this through the Lithuanian central population register or, if not, the date of birth is sufficient. The next step is to upload digital copies of the documents and pay the fee of 7.24 EUR.

Note that all documents must be in Lithuanian. As to foreign documents, certified translations must be attached. Foreign public certificates are not exempted from having an apostille or legalization.

The old process is still applicable
Of course, data regarding contracts concluded in a foreign country can also be filed in the usual way (in person, by post or by an authorized representative). A Lithuanian notary who certifies a prenuptial contract files the data with the marriage property register in person.

Source: www.registrucentras.lt
Lithuanian Government Decree No. 955/2015 on amendment to Lithuanian Government Decree No. 1284/2002 confirming regulations of the Lithuanian registry of marriage contracts.