1.1. Which law is applicable to a couple´s property? Which criteria/rules are used to determine the applicable law? Which international conventions have to be respected with regard to certain countries?
The Constitution and the laws of the Republic of Macedonia are applicable, as well as the international treaties ratified by the Republic of Macedonia.
The Constitution and the laws of the Republic of Macedonia are applicable, as well as the international treaties are general legal deeds which are a direct source of family law.
1.2. Do the spouses have the option of choosing the applicable law? If so, by which principles is this choice governed (e.g. the laws to be chosen, formal requirements, retro-activity)?
The spouses do not have the possibility to select which legislation shall be applicable with the regulation of their marital relations.
The Constitution and the laws of the Republic of Macedonia are applicable, as well as the international treaties ratified by the Republic of Macedonia.
The Constitution and the laws of the Republic of Macedonia are applicable, as well as the international treaties are general legal deeds which are a direct source of family law.
1.2. Do the spouses have the option of choosing the applicable law? If so, by which principles is this choice governed (e.g. the laws to be chosen, formal requirements, retro-activity)?
The spouses do not have the possibility to select which legislation shall be applicable with the regulation of their marital relations.
In the Republic of Macedonia two regimes regulating matrimonial property relations have been accepted: the statutory one (which prevails) and the contractual matrimonial property regime (which emerges solely in the contracts whereby the spouses regulate the management and disposition of the separate and mutual property). Due to this fact, many theoretitians claim that the generally accepted matrimonial property regime in the Republic of Macedonia is the statutory one because the afore quoted contract whereby the spouses regulate the management and disposition of the separate and mutual property is represented with an insignificant portion as opposed to the statutory matrimonial property regime. A precondition to the existence of a contractual matrimonial property regime is the existence of the prenuptial agreement which is not yet regulated by law in the Republic of Macedonia,
2.1. Please describe the general principles: Which goods are part of community property? Which goods are part of the separate estates of the spouses?
According to the statutory property regime, the spouses estate can be joint and separate.
Estate acquired by the spouses in the course of the marriage is their joint estate.
Separate estate is the one which was possessed by the spouse already at the time of the marriage conclusion, as well as the property which the spouse shall acquire on the basis of succession, gift and legacy, as well we the property acquired by the spouse during the marriage and which serves to meet the personal needs of one of the spouses unless they are not disproportionately larger than the value of their total shared estate.
The joint estate of the spouses, in addition to the rights thereto, are property related obligations—meaning that if one of the spouses has taken on an obligation towards a third party for the settlement of current needs/expenses from the marriage, both spouses shall be severally liable.
2.2. Are there legal presumptions concerning the attribution of property?
2.3. Should the spouses establish an inventory of assets? If so, when and how?
The spouses do not take inventory of the property and assets at their availability.
2.4. Who is in charge of the administration of the property? Who is entitled to dispose of the property? May one spouse dispose of/administer the property alone or is the consent of the other spouse necessary (e.g. in cases of disposal of the spouses’ home)? What effect does the missing consent have on the validity of a legal transaction and can it be pleaded against a third party?
Both spouses are held liable for the management and administration of the spouses joint estate. Both spouses decide on the basis of a mutual agreement with regards to the management and administration of their joint estate. One spouse cannot independently administer or burden the joint estate, rather, they need mutual consent from the other spouse. For each action taken by one spouse which exceeds the regular administration of their joint estate, the consent of the other spouse is necessary.
With regards to the management and administration of the spouses separate estate, each of the spouses takes individual decisions.
2.5. Are any legal transactions made by one spouse also binding on the other?
Legal transactions made by one spouse are binding upon the other spouse if they had been taken to settle current expenses arising from the marriage.
2.6. Who is liable for debts incurred during the marriage? Which property may be used by creditors to satisfy their claims?
Both spouses are held severally liable for debts incurred during the life span of the marriage.
2.1. Please describe the general principles: Which goods are part of community property? Which goods are part of the separate estates of the spouses?
According to the statutory property regime, the spouses estate can be joint and separate.
Estate acquired by the spouses in the course of the marriage is their joint estate.
Separate estate is the one which was possessed by the spouse already at the time of the marriage conclusion, as well as the property which the spouse shall acquire on the basis of succession, gift and legacy, as well we the property acquired by the spouse during the marriage and which serves to meet the personal needs of one of the spouses unless they are not disproportionately larger than the value of their total shared estate.
The joint estate of the spouses, in addition to the rights thereto, are property related obligations—meaning that if one of the spouses has taken on an obligation towards a third party for the settlement of current needs/expenses from the marriage, both spouses shall be severally liable.
2.2. Are there legal presumptions concerning the attribution of property?
2.3. Should the spouses establish an inventory of assets? If so, when and how?
The spouses do not take inventory of the property and assets at their availability.
2.4. Who is in charge of the administration of the property? Who is entitled to dispose of the property? May one spouse dispose of/administer the property alone or is the consent of the other spouse necessary (e.g. in cases of disposal of the spouses’ home)? What effect does the missing consent have on the validity of a legal transaction and can it be pleaded against a third party?
Both spouses are held liable for the management and administration of the spouses joint estate. Both spouses decide on the basis of a mutual agreement with regards to the management and administration of their joint estate. One spouse cannot independently administer or burden the joint estate, rather, they need mutual consent from the other spouse. For each action taken by one spouse which exceeds the regular administration of their joint estate, the consent of the other spouse is necessary.
With regards to the management and administration of the spouses separate estate, each of the spouses takes individual decisions.
2.5. Are any legal transactions made by one spouse also binding on the other?
Legal transactions made by one spouse are binding upon the other spouse if they had been taken to settle current expenses arising from the marriage.
2.6. Who is liable for debts incurred during the marriage? Which property may be used by creditors to satisfy their claims?
Both spouses are held severally liable for debts incurred during the life span of the marriage.
In the Republic of Macedonia, spouses cannot agree by a contract the matrimonial property regime because the prenuptial agreement does not exist yet.
3.1. Which provisions can be modified by a contract and which cannot? Which matrimonial property regimes may be chosen?
In the R. Macedonia, the spouses cannot choose from amongst various matrimonial property regimes, rather, only the statutory property regime is applied. Therefore the spouses cannot agree to be subject, in the course of their marriage, to a different property regime other than the one statutory regulated (Law on property and other property rights). This regime is regulated by imperative legal norms. The only thing that can be agreed by the spouses is for one of them to administer and manage their joint estate, i.e. their separate estate.
3.2. What are the formal requirements and who should I contact?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
3.3. When may the contract be concluded and when does it come into effect?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
3.4. May an existing contract be modified by the spouses? If so, subject to what conditions?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
3.1. Which provisions can be modified by a contract and which cannot? Which matrimonial property regimes may be chosen?
In the R. Macedonia, the spouses cannot choose from amongst various matrimonial property regimes, rather, only the statutory property regime is applied. Therefore the spouses cannot agree to be subject, in the course of their marriage, to a different property regime other than the one statutory regulated (Law on property and other property rights). This regime is regulated by imperative legal norms. The only thing that can be agreed by the spouses is for one of them to administer and manage their joint estate, i.e. their separate estate.
3.2. What are the formal requirements and who should I contact?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
3.3. When may the contract be concluded and when does it come into effect?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
3.4. May an existing contract be modified by the spouses? If so, subject to what conditions?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
The prenuptial agreement does not exist yet in the Republic of Macedonia.
4.1. Do one or more registers of marriage contracts exist in your country? Where?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
4.2. Which documents are registered? Which information is registered?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
4.3. How and by whom can the information in the register be accessed?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
4.4. What are the legal effects of registration (validity, opposability)?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
4.1. Do one or more registers of marriage contracts exist in your country? Where?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
4.2. Which documents are registered? Which information is registered?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
4.3. How and by whom can the information in the register be accessed?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
4.4. What are the legal effects of registration (validity, opposability)?
The prenuptial agreement does not exist yet in the Republic of Macedonia.
5.1. How is the property (rights in rem) divided?
In the case of divorce/separation of the spouses, their joint estate may be divided, thus provoking the occurence of a separate estate regime. The spouses may come to an agreement with regards to division of their joint estate. If they fail to do so, the court shall impose division of their joint estate. The court parts from the assumption that the spouses joint estate equally belongs to them.
5.2. Who is liable for existing debts after the divorce/separation?
Both spouses are held severally liable for debts incurred during the life span of the marriage.
5.3. Does one spouse have a claim to an equalisation payment (balancing payment)?
5.3.1. In case of a property regime of community (or partnership) of acquests:
– Does the claim have to be satisfied by means of a payment or in kind?
– How is the claim assessed?
– What is the amount of the equalisation payment (balancing payment)?
– When is the claim prescribed?
5.3.2. In other cases (not community or partnership of acquests). Which ones?
In the case of divorce/separation of the spouses, their joint estate may be divided, thus provoking the occurence of a separate estate regime. The spouses may come to an agreement with regards to division of their joint estate. If they fail to do so, the court shall impose division of their joint estate. The court parts from the assumption that the spouses joint estate equally belongs to them.
5.2. Who is liable for existing debts after the divorce/separation?
Both spouses are held severally liable for debts incurred during the life span of the marriage.
5.3. Does one spouse have a claim to an equalisation payment (balancing payment)?
5.3.1. In case of a property regime of community (or partnership) of acquests:
– Does the claim have to be satisfied by means of a payment or in kind?
– How is the claim assessed?
– What is the amount of the equalisation payment (balancing payment)?
– When is the claim prescribed?
5.3.2. In other cases (not community or partnership of acquests). Which ones?
Following the death of one of the spouses, the other spouse and the children of the deceased spouse shall be heirs of first succession line. As to the joint estate of the spouses, the surviving spouse may claim separation of their part of the joint matrimonial property (under the legal assumption that it amounts to 1/2 – one ideal half of the estate acquired in marriage), while the other part shall be the property of the deceased spouse which can be inherited by the surviving spouse and the children of the deceased spouse.
Legal regulations in the R. Macedonia do not stipulate for such an option.
According to the legal regulations in the Republic of Macedonia, the non-registered partners union (extra-conjugal partnership) is equalized with the marriage only if it is established between a man and a woman, if it lasted for at least one year and the equalization of both marital and extra-conjugal partnership applies only with regards to the mutual sustenance of the partners and the estate acquired during the life span of the extra-marital partnership. Property acquired during the life span of the extra-conjugal partnership is considered as joint property of both partners.
All of this means that the extra-conjugal partnership does not enjoy other rights arising from marriage (e.g. right to succession between the partners, etc.).
All of this means that the extra-conjugal partnership does not enjoy other rights arising from marriage (e.g. right to succession between the partners, etc.).
In case of a dispute in relation to property and other relations, the court is the competent authority.