According to the president of the Notary Chamber of the Czech Republic, Radim Neubauer, thek most often people protect their partner from their debts.
“Roughly 800,000 people are in foreclosure, multiple foreclosures are on the rise, and for couples where one spouse is in foreclosure and in debt, the only means of protection is a prenuptial agreement. If a person marries a person who is under enforcement, at the time of the marriage, the enforcement may also apply to the accounts of the other party as part of the joint property,” Neubauer stated in Epicenter.
To publish or not to publish?
Partners always draw up a marriage or prenuptial agreement exclusively at a notary. After consulting with an expert and consulting what they expect from it, they then choose the form of property settlement. An important part is the agreement if they decide to publish this contract in the public list of documents on matrimonial property regimes.
Never or forever
“For the vast majority of these contracts, this is a necessity,” emphasized the head of the Chamber of Notaries.
The legislator therefore introduced a public list of documents on matrimonial property regimes. Once the contract is published in it, the parties and spouses no longer have to worry about whether the other shows it to someone or not.
„The obligation to verify the existence of the contract is transferred to the creditor, to third parties. We see that it works, they enter the banks’ records when they provide loans, executors enter there. Before ordering the execution of the property of one of the spouses, he must consult the public register, and if he discovers that the contract is registered, he must familiarize himself with it, and this is precisely how the account of the defaulting spouse is protected,” explained the head of notaries.
Who will see the contract?
If such a contract is published in the register, it is forever. No one and nothing can erase her from him. Not even a divorce will change that. What’s more, anyone, not just banks and similar institutions, can look into such a register. The president of the Chamber of Notaries himself would recommend its publication.
“Access to it is not entirely simple, that the contracts would hang in one place on the Internet and everyone could search them. Access to the list of documents on matrimonial property regimes is two-stage, on the one hand, on the website of the Notary Chamber of the Czech Republic after entering the name and date of birth of the spouses and paying a fee of thirty crowns,” concluded Neubauer
