international family law
A marital property contract can be established either before or during the marriage, in accordance with Sections 8–13 of the Estonian Family Law Act.
This contract allows spouses to define which assets owned by one spouse before the marriage will remain their separate property, and which assets will become joint property. It can also specify how property acquired during the marriage is to be classified—whether as joint or separate property.
Additionally, the contract may outline how joint property is to be possessed, used, and managed, as well as how it should be divided. It can also include agreements regarding mutual financial responsibilities during the marriage and after its termination, along with any other financial rights and obligations the spouses deem necessary.
Marital property contracts must be registered in the Marital Property Contract Register. However, even if the contract is not registered, it remains valid between the spouses as long as it has been notarized.
For the rights established in the contract to be enforceable against third parties, the contract must be registered in the Marital Property Contract Register before any third-party claim arises.
The Marital Property Contract Register is maintained in accordance with the procedures set by law and is part of the land registry system managed by the courts.