Category: Information

The list of conscripts for 2025 has already been published, with a target of around 3 800 conscripts to be called up for compulsory initial military service. While there is no shortage of information about conscription in the public domain, many people are still confused about the legal process of conscription and the rights and obligations involved. According to Sandra Mickienė, Senior Associate at AVOCAD, there are many myths circulating in the public domain which can lead to wrong decisions, unfounded fears and misjudgements. It is therefore important to know the basic facts about compulsory military service.

Military obligation: duty and responsibility

One of the most important duties is the constitutional obligation to defend the Lithuanian state against foreign armed attack. In order to ensure that citizens are able to fulfil this duty properly, it is necessary to prepare them physically and psychologically, and this preparation is ensured by compulsory military service. Thus, military duty is not only a personal responsibility, but also an important guarantee of state security, ensuring the ability of citizens to defend their country.

Myths and reality

One of the most common misconceptions is that all conscripts will have to serve in the army. However, according to the legislation in force, the conscription procedure covers not only the selection and appointment of conscripts for compulsory military service, but also the deferment and exemption from service.

"This means that whether a person will actually be obliged to perform compulsory initial military service will depend on whether a statutory health check determines that he or she is fit to perform permanent compulsory initial military service; and whether there are no objective circumstances that justify his or her exemption from service or deferment of service. Only if these conditions are met will a person be obliged to perform compulsory initial military service," said Ms Mickienė.

Another common myth is the issue of conscripts' health. The public perception is that in order to avoid compulsory initial military service, it is sufficient to go to a doctor, to collect a medical history documenting the various health problems and illnesses that one has had, and in some cases it is even suggested to falsify the data by referring to non-existent conditions or illnesses. It is noted that conscripts often turn to psychologists or psychiatrists in order to obtain diagnoses that could be used as grounds for declaring them unfit for compulsory military service. There are a number of important points to note here:

• Simulating or falsifying documents is a criminal offence punishable by criminal penalties (arrest or imprisonment for up to three years).
• Psychological or psychiatric diagnoses can make it difficult to pursue a future career in fields that require perfect health (e.g. law enforcement, aviation).
• The legislation governing military conscription provides for a separate medical examination procedure, and therefore the medical certificates collected in advance may have no legal value.

A third aspect that is often confused is the age limits for compulsory initial military service. Under current legislation, the age limit for conscripts is 18-23 years. However, persons who wish to serve voluntarily may do so until the age of 38. In exceptional cases, if military service has been postponed due to studies, the age of conscription may be extended to 26.

Compulsory initial military service is not a punishment but an opportunity

Young people who have not yet established a professional career and do not have financial commitments often avoid the service because of negative perceptions of it. However, compulsory service is not a punishment, but an opportunity to acquire valuable skills, to strengthen physical and psychological endurance and to contribute actively to national defence.

The lawyer says that the legislation provides for social guarantees for conscripts, such as clothing, food, official accommodation and allowances for living expenses. During their service, they receive cash incentives based on their performance. If their service is satisfactory (very good, good or satisfactory), they are paid monthly allowances, which are payable at the end of a full period of service of 9 months. In addition, for those who voluntarily serve and express their wish before the publication of the list of conscripts for the calendar year, the allowances are increased by 30 %. For those who express their wish after the publication of the list but before the signing of the order of assignment to a military unit, the increase shall be 15 %. "Employers who have recruited conscripts who have completed their initial compulsory military service receive a wage subsidy for up to 6 months. This subsidy applies if the conscript was recruited within 3 months from the date of his/her permanent compulsory initial military service," notes Sandra Mickienė.

Exemption from military service and deferment of military service

S. Mickienė, a lawyer at AVOCAD, points out that a distinction must be made between exemption from military service and deferment of service. Exemption is definitive and applies only in the case of objective circumstances such as disability or incapacity. Deferment is a temporary solution. It may be granted to persons studying, to persons with children under 3 years of age, or for other important reasons.

Each case is assessed individually. Deferment of service due to work or financial obligations is generally not recognised as a sufficient ground, as the law provides for job security for conscripts and the possibility of deferring housing loan payments.

There is more flexibility for conscripts living and working abroad, as they do not enjoy the same social guarantees as in Lithuania. According to the lawyer, both the Conscription and Manning Service and the courts are strict in their assessment of such applications, which must be objectively justified and highly relevant. The nature of the harm must be such as to outweigh the constitutional obligation to perform military service.

"In summary, the circumstances of each case are assessed on a case-by-case basis, taking into account objective evidence and the significance of the damage. It is advisable to take a very responsible approach to one's duties and, if you have any questions, to contact the relevant authorities for accurate and clear information and, if necessary, to consult a lawyer," advises S.Mickienė.

 

 

Luxury Christmas gifts for customers are becoming obsolete. Companies are increasingly choosing to donate to charities and support organisations instead of giving gifts to customers. According to Sandra Masevičienė, Head of Fundraising at the association "Raudonos Nosys Gydytojai klounai", such donations are often transformed into long-term cooperation and team-building activities.

"We try to maintain a warm relationship with partners who believe in the power of good emotions and want to contribute to the emotional change that clowns create. Long-term friendships are not just one-way, it's a two-way street. Companies give financial support, become ambassadors - spreading the good word in the public space, within the company. Meanwhile, Red Noses contributes to the emotional well-being of its partners' employees. We have formats specifically for companies - our speakers conduct clowning workshops, we give presentations on the effects of humour, and we create the opportunity to experience the clown effect by organising clown visits to companies. Over the 14 years of our activity, our circle of supporters has been growing and it is gratifying that more and more people are appreciating the importance of emotional hygiene and, at the same time, the presence of medical clowns in the places where it would seem uncomfortable to laugh," shares S. Masevičienė.

According to Egidijus Langis, Managing Partner of AVOCAD, the budget for client gifts has been allocated to those who need it the most for several years in a row. "This year, we decided to join the mission of medical clowns and give smiles to sick children and the elderly. A smile helps us to overcome difficulties and the ability to laugh at the most difficult situations only shows how strong we are," says the lawyer.

According to Egidijus Langis, giving and supporting not only gives a sense of good work, but also brings the team together, and sometimes it turns into a very fun experience and frees you from the constraints of your professional life. "The legal profession is particularly bound by ethical norms and societal stereotypes. And we ourselves often get so caught up in our daily work, the competitive environment and the routine of applying the law that we forget our true values. Collaborating with the clown doctors reminded us that the beauty of life starts with a smile, which inspires others to be happy, and that all it takes is sincere attention", says Langys, introducing the joint video project.

"According to Red Noses, the amount of corporate donations varies from €50 to €20 000, with the average amount being around €300. All the funds go towards creating emotional change in children's hospitals, homes for the elderly and refugee centres. The red nose is the smallest mask in the world and can absorb sadness, bitterness, anger like a sponge... It's probably why it's so soft. And it can also create the cutest smile or the loudest laugh for everyone in the room to hear. "Red Nose Doctors Clowns has been running for 14 years and has delighted more than 220,000 Lithuanian children and seniors.

AVOCAD and RAUDONOS NOSYS video greeting here

 

Changes in work organisation are an inevitable reality of modern business. Economic crises, technological advances or changes in the way a company operates can lead to situations where certain job functions performed by employees become redundant for the employer. In such cases, the Labour Code (" LC") gives the employer the right to terminate the employment contract, but this right is limited by strict rules. Commenting on such situations, Laura Jodeliukaitė, a lawyer at AVOCAD, stresses that dismissal of employees in such cases must be carried out with the utmost care and responsibility, as non-compliance with the rules may result in legal disputes and significant financial losses for the employer.

Grounds for and substance of termination of employment

The LC provides that an employer has the right to terminate an employment contract if the employee's job function becomes redundant for the employer due to changes in the organisation of the work or other reasons related to the employer's activities.

Thus, changes in work organisation or other reasons related to the employer's activities may make the work function performed by the employee redundant for the employer, i.e. the employer's need for the employee's work changes and the work function performed by the employee becomes superfluous.

This could be the case when a company introduces a new technology that allows the automation of certain functions. This technological change may reduce the need for certain job functions because these functions are performed faster and more efficiently by the new technology. For example, a company implements an automated customer service platform that is able to answer common questions and solve simple problems. In such cases, the need for customer service agents may be reduced as these tasks are efficiently performed by the system.

A job function performed by an employee may be considered redundant if the employer abandons the job function entirely or decides that the same or similar functions can be performed by fewer employees in order to optimise resources, etc.

The reasons for terminating an employee's contract, which are linked to the employer's activities, can be both internal (reorganisation of the work organisation, optimisation of the resources available, etc.) and external (economic or other external reasons where the employer decides to reduce the cost of the company's activities, etc.).

Conditions for dismissal of redundant staff

Termination of an employment contract when the work function performed by the employee becomes superfluous for the employer will only be lawful if certain conditions are met.

First, the changes in work organisation or other reasons related to the employer's activities are real and make the job function performed by the worker (or group of workers) redundant.

If the employee challenges the lawfulness of his dismissal, the employer will have to prove that:

• changes in work organisation or other reasons related to the employer's activities are real;
• these are the reasons why a particular job function performed by a particular worker (or group of workers) is redundant (the reason is directly causally linked to the fact that the job function performed by the worker has become redundant for the employer).

However, termination will be considered unlawful if the employer's structural/organisational changes turn out to be a sham.

A fictitious reason for termination of employment can be, for example, if a new person is hired to replace an employee after the dismissal. A similar situation may arise where an employer abolishes a post but soon creates a new post with identical or very similar functions. This would indicate that the employer's reasons given for the redundancy of the job function were unfounded, as the job function performed by the employee was not in fact redundant, and may have been intended to justify the termination of the contract of employment of a particular employee.

Second, the staff selection criteria are met

Where a redundant job function is performed by a number of employees but the employer plans to make only some of them redundant, it is necessary to establish and apply clear criteria for selecting employees. These criteria must be used to decide which employees will be retained and which will be made redundant.

Criteria for selecting redundant workers must be agreed with the workers' representatives

The employer adopts the criteria for selecting the workers to be made redundant, but these must be agreed with the works council or, in the absence of a works council, with the trade union. The selection for dismissal is carried out by a specially appointed committee of the employer, which also makes proposals for dismissal. If neither a works council nor a trade union is established, the employer shall not set up a panel and shall decide on the selection criteria and carry out the selection of the employees itself.

Staff members with a right of first refusal to remain

The selection criteria for redundancies must ensure the right of preference of certain workers to remain in employment. For example, priority for job retention is given to workers who are less than three years away from retirement pension age, who have three or more children under the age of 14 or who are raising a child under the age of 14 on their own, as well as in other cases provided for in the LC. The right of preference applies only if the worker's qualifications are not inferior to those of other workers of the same specialisation employed by the undertaking (except for the exception provided for in the LC).

In addition, the employment contract cannot be terminated in the case of a pregnant worker, workers with children under the age of three, or in other cases provided for by law.

Thirdly, the dismissed worker must be offered a vacancy

The employer must offer the dismissed worker other vacancies, if any. The first vacancies to be offered shall be those which are appropriate to the employee's occupation, qualifications and, where appropriate, medical condition. If there are no such vacancies, or if the worker refuses to take them, any other job which the worker could perform in accordance with his abilities and state of health may be offered. The employer is not obliged to offer jobs for which the worker is not suitably qualified or does not meet the other requirements for the vacancy.

The employment contract can only be terminated if there are no vacancies in the workplace during the notice period (up to five working days before the end of the notice period), to which the employee can be transferred with his/her consent.

Fourth, the time limits for giving notice of impending dismissal are met

The employer must comply with the statutory notice periods. If the employment relationship lasts for more than one year, the employee must be given one month's notice of dismissal. If the employment relationship lasts less than a year, the notice period is two weeks. It should be noted that longer notice periods apply to vulnerable groups of workers.

The dismissed worker is also entitled to severance pay. If the employment relationship has lasted less than one year, the payment is half of his average salary. If the employment relationship lasted more than one year, the amount of the payment shall be equal to two times his average salary.

Termination of an employment contract, when the employee's job function becomes redundant for the employer, is a complex process that requires special attention and care from the employer. Compliance with all legal requirements and procedures can reduce the risk of legal disputes, protect workers' rights and avoid financial losses due to unfair dismissal.

 

 

 

Having your car damaged in a traffic accident is not a pleasant experience. Fortunately, if the damage is limited to property, compulsory motor third party liability insurance usually saves you from financial loss. However, according to lawyers, not everyone is aware that not only the cost of repairing the car, but also the loss of its market value, can be claimed from the insurance company.

According to Eimantas Čepas, an attorney at AVOCAD, the amount of damage to a car in a traffic accident is usually understood as the cost of repairs. "However, when buying or selling a car, a lot of attention is paid to whether or not the car has been involved in an accident in the past and whether or not it has been cleaned up, and if the accident is confirmed, the aim is to negotiate the price of the car," the lawyer points out.

Therefore, according to Eimantas Čeps, it should not be forgotten that there is another form of damage - the loss of the car's market value due to the damage sustained in the accident. "And this is not just the negotiating position of the seller or buyer of the car, but the amount clearly determined in accordance with the criteria laid down by law," the lawyer stresses.

According to the legislation in force in Lithuania, loss in marketable value is defined as the irreversible reduction in the value of a vehicle due to repairs, painting or unrepaired damage (when parts of the vehicle are technologically repaired to restore their functional characteristics, where the technological process of repair may affect the physical, chemical, aesthetic condition or service life of the item), including the change in the vehicle's history as a result of an event, compared to the vehicle's value before the damage.

As with ordinary damages, the loss of resale value must be covered by the perpetrator's liability insurance. "Unfortunately, there is no clear indication in the existing legal framework that the victim of a traffic accident has the right to claim from the insurer also for the loss of market value", notes AVOCAD's lawyer.

He says that, taking advantage of the lack of information, not all insurance companies offer to compensate the victim for the loss of the car's trade value due to the repair work, in addition to the usual compensation. "If they do offer compensation for loss of value, the amount offered is not always calculated objectively. Therefore, even if the insurer's offer is accepted, it would be worthwhile to have an independent appraiser's report, as the amount of compensation for the loss of marketable value can be quite significant and can be calculated in thousands of euros," notes Čepas.

However, according to the lawyer, it should be noted that loss of marketable value is calculated for vehicles up to 5 years after the first registration. "As this compensation is calculated for relatively new cars, which means that the value of the cars is correspondingly higher, the amount of compensation can often be quite significant", the lawyer notes.

According to the current legal framework, the amount of damage caused to property in a traffic accident is determined by the responsible insurer on the basis of reports by authorised persons and property valuation reports, documents proving the circumstances, the fact and the amount of the damage, photographs and video recordings.

The Supreme Court of Lithuania emphasises the insurer's duty to assess all documents submitted to it and to evaluate all circumstances, including the documents submitted by the injured third party to prove the amount of the damage, in order to determine the amount of the damage in such a way that the injured party is fully compensated for the damage, to the extent permitted by the rules governing compulsory civil liability insurance.

The principle of full compensation requires that, as far as is objectively possible, the damage caused to a person should be determined on an individual rather than standardised basis.In the event of a dispute as to the amount of the insurance benefit between the person claiming the insurance benefit and the insurer who has insured the civil liability of the driver of the vehicle by compulsory insurance, the amount of the insurance benefit must be proved in each individual case.

To sum up, in order to ensure fair compensation after an accident, it is important not only to rely on the insurance company's offer, but also to be vigilant and proactive in defending your rights - not forgetting the possibility of claiming compensation for the loss of the car's marketable value, and, if necessary, to seek the advice of independent experts who can help you to assess the damage in an objective way and make sure that you receive the full amount of compensation you are entitled to.

In autumn, the roads fill up quite quickly with citizens, students and schoolchildren returning from holidays. Fifteen-year-olds who have just obtained their driving licences are also in the busy urban traffic.

Young people entering adulthood can already drive vehicles of certain specifications (AM category). There is also a legal provision that allows them to drive without practical driving lessons or a practical driving test.

According to Karolína Laura Briliūtė, a lawyer at AVOCAD, this unique regulation, designed to give young people the opportunity to start driving at an early age, has recently raised a number of road safety concerns.

"We have a situation where we have a unique regulation among European countries, which emphasises the need to maintain a sensible balance between increasing mobility and ensuring sufficient driving skills. To better understand the Lithuanian legal framework, let's look at similar frameworks in other countries", says the lawyer.

In Lithuania, driving for persons aged 15 years to obtain an AM driving licence is regulated by a number of key pieces of legislation. The Law on Road Traffic Safety stipulates that the right to drive AM category vehicles (mopeds and light quadricycles) can be acquired by persons aged 15 or over. Basically, a light quadricycle is understood as a car with certain specifications - maximum weight 350 kg, maximum speed 45 km/h, maximum engine displacement 50 cc.

Under Lithuanian law, only a theory test is required to obtain the right to drive an AM category vehicle, and no practical driving lessons or test are required. This liberal approach, according to the lawyer, is very different from the stricter requirements in many other countries, where practical training and a driving test are required even for low-speed vehicles.

While the aim is to give young drivers more autonomy, allowing driving without practical training increases the risk of accidents, even in low-speed vehicles. Statistics show that young and inexperienced drivers are more likely to be involved in accidents. Practical training and supervised driving are considered to be key factors in reducing this risk in many countries.

"Although the Lithuanian legislative framework is focused on increasing mobility, some suggestions to improve road safety could be considered, such as introducing compulsory practical lessons, introducing a practical driving test, or creating a probation period for young drivers. These reforms would bring Lithuanian regulation more in line with international standards, where many countries require both theoretical and practical training for young drivers," said Briliūtė.

However, amendments to the draft law on road safety are currently being initiated, which would allow people aged 16 and over to acquire the right to drive these vehicles, and would require completion of not only theoretical but also practical driving courses and a practical driving test.

"But if we look at other countries, they have developed more comprehensive systems for young drivers, requiring theoretical tests, practical lessons and supervised driving to ensure road safety," she notes.

In Germany, drivers from the age of 15 must pass a theory test, attend compulsory practical driving lessons with a certified driving instructor, and pass a practical driving test, which tests driving skills in real traffic.

In France, the right to drive an AM category includes compulsory practical training. An 8-hour practical training course with a licensed instructor is mandatory. France does not require a practical test, but, unlike Lithuanian law, compulsory practical training provides such skills.

The UK has a Graduated Driver Licensing (GDL) system. This involves a provisional licence that allows you to drive only with supervision (usually for one year). You are also required to pass both a theory test and a practical driving test. The system includes restrictions on driving at night or with passengers to reduce the risk of accidents in the most dangerous driving conditions. "The GDL system could become a model for probation in Lithuania, allowing young drivers to gain experience under controlled conditions, for example by supervised driving or by limiting driving zones and times, until full driving licences are obtained," says an AVOCAD lawyer.

Finland has established requirements to pass a theory test and complete practical lessons before obtaining any category of driving licence. In addition, there is a strong focus on road safety throughout the education system to ensure that young drivers understand the risks and responsibilities involved in driving.

According to Karolina Briliūtė, if we analyse the regulations in countries such as Germany, France, the United Kingdom and Finland, we can certainly find ways to improve the Lithuanian system: Introduce a requirement for compulsory practical driving lessons, introduce a practical driving test tailored to AM vehicles, introduce a graduated licensing system where young drivers start with a probationary licence allowing them to drive with supervision or restrictions before being granted a full driving licence, improve road safety education programmes to teach young drivers about the risks and responsibilities associated with driving, especially in low-speed vehicles, limit driving zones and times for 15-year-olds to ensure that they do not drive in high-risk areas such as motorways or drive at night.

"These proposed reforms, adapted from international best practice, would improve road safety in Lithuania, while maintaining the law's original aim of giving young people more mobility," she notes.

 

The installation of CCTV cameras has become a very popular phenomenon these days. Naturally, this is one of the most effective means of ensuring security. It is therefore not surprising that, especially in school areas and even in classrooms, they are used to prevent, for example, the use and distribution of drugs. The question is: is it legal?

Just this summer, the State Data Protection Inspectorate investigated a parental complaint about video surveillance during lessons.

The educational establishment argued to the inspectorate that the cameras in the classrooms were installed legally because pupils took textbooks or expensive scientific calculators given to them by the school, pupils often took each other's belongings, and the school received complaints from representatives of minors about missing or abandoned items in the classroom during lessons. Also, some minors vandalised property after school staff had left the classroom for a few minutes. There was a case of a minor arbitrarily opening the window of a classroom on the 2nd floor and climbing onto the roof. Minors were also observed smoking and very often failing to return their keys after using the toilet.

The position of the State Data Protection Inspectorate was clear and categorical - the video filming was illegal. The mere fact that no objects are found or that a minor is responsible for the disappearance or damage of property does not justify the use of the extreme measure of video surveillance during classroom lessons.

According toMantas Baigis, a lawyer and expert in personal data protection law at AVOCAD, the educational establishment received the decision and the accompanying fine of €2,000 because it had failed to prove that its interest outweighed the right to privacy of minors, who are classified as a vulnerable group of persons. "The school did not even analyse the negative impact and effects on minors of round-the-clock video surveillance during school hours," observes Mantas Baigys.

According to the lawyer, this should not come as a surprise, as video surveillance in classrooms is also strictly enforced in other EU countries. For example, the French Data Protection Supervisory Authority takes the position that it is permissible to film building entrances and exits during school hours for security reasons, e.g. to prevent unauthorised access, but that systematic and continuous surveillance of pupils and staff in school premises, including classrooms, is excessive and not allowed.

The Estonian Data Protection Supervisor considers CCTV cameras to be an appropriate solution to protect school grounds for security reasons, but is of the very strict opinion that even for the safety of individuals in the classroom, video surveillance is prohibited.

In Italy, CCTV inside schools is also only available to protect the building and school property from vandalism, but only at the scene of potential incidents. According to the authorities in this country, cameras can only be switched on outside working hours and are not allowed to be used during lessons or other activities involving students.

According to Mantas Baigis, a lawyer at AVOCAD, video surveillance must first of all comply with the general provisions of the GDPR. This means that personal data may only be processed in accordance with the principles relating to the processing of personal data as set out in Article 5 of the GDPR and where such processing can be based on at least one of the legitimate grounds for the processing of personal data set out in Article 6 of the GDPR.

The personal data protection law expert stresses that not only educational institutions, but also every organisation must pay attention to video surveillance, as any violation can result in thousands of fines, so it is highly recommended to have a strong case for the use of cameras before installing them, and for organisations that already use cameras to assess whether they are compatible with GDPR.

We often hear about lengthy and complicated divorce processes. One way to make this unpleasant process easier is through a prenuptial agreement. Most people avoid this written agreement because it supposedly means divorce. This thinking is particularly common among the older generation. But according to lawyers, this is the wrong way to think. Rokas Puodžiūnas, a lawyer at AVOCAD, points out that a prenuptial agreement is an excellent tool for settling property issues in a marriage, without affecting the spouses' personal relationships. So, what is the essence of a prenuptial agreement and what can it establish and what are the consequences of concluding one?

A prenuptial agreement is an agreement between the spouses setting out their property rights and obligations during the marriage, after divorce or during separation. The essence of a marriage contract is to determine the legal regime of one's property other than that provided for by the law, and to determine and define the other property rights of the spouses, which are enforceable by agreement between the spouses.

The law therefore allows spouses to decide on their own property relations. A marriage contract can settle 3 groups of property issues:

• The legal regime of the property.
• Spousal maintenance.
• Division of property in the event of divorce or legal separation.

Legal regime of the property

The law provides that, in the absence of a marriage contract providing for a different legal regime, matrimonial property acquired before the marriage is the separate property of each spouse and property acquired after the marriage is to be considered as community property. The marriage contract allows for a different legal regime of property than that provided for by law.

The community property includes:

1. assets acquired after the marriage in the name of both spouses;
2. income from assets owned by one spouse in his or her separate property;
3. income derived from the joint activities of both spouses and income derived from the activities of one spouse, excluding funds necessary for the spouse's professional activities;
4. an enterprise and the income derived from its activities or other business;
5. income received after the marriage from the employment or intellectual activity of the spouses or of one of them, dividends, pensions, allowances and other benefits other than those intended for a specific purpose (for example, compensation for damage to health and non-pecuniary damage, targeted material support for one spouse only, etc.).

The spouses dispose of the community property by common agreement. The spouse's share in the community property may be enforced against the spouse's personal debts. In the event of divorce, the court must decide on the division of the matrimonial property.

The marriage contract can stipulate that:

• Property acquired both before and during the marriage is the personal property of each spouse. Under this regime, not only assets acquired before the marriage remain the separate property of each spouse, but also assets acquired after the marriage become the separate property of each spouse. It should be noted that the choice of this type of regime does not affect the obligations relating to the satisfaction of the family's needs (e.g. child support; home maintenance expenses). The statutory limits on family property must also be respected. Under this regime, the bailiff will not be able to enforce against the other spouse's assets.
• Property acquired by each spouse before marriage and owned by them individually becomes their community property after the marriage is registered. Under this regime, assets acquired by each spouse before the marriage also become community property after the marriage. In that case, assets acquired before the marriage may be transferred by a spouse only with the consent or authorisation of the other spouse, and the other spouse's share of those assets may be subject to recovery in respect of the other spouse's personal debts. In the event of divorce, these assets are part of the matrimonial property to be divided between the spouses.
• Property acquired during the marriage is community property. Under this regime, assets acquired during the marriage will belong to the spouses in predetermined shares. The marriage contract must either expressly state the shares in which the spouses are to acquire the property, or it must expressly address the rules for determining the shares (e.g. the property will belong to each spouse in the proportion 50:50).

The spouses can also agree in the marriage contract to a mixed property regime. Suppose that one of the above regimes applies to one part of the property and the rest is subject to the other property regime.

As mentioned above, in addition to the regime applicable to the property, the spouses may also determine how the property is to be divided upon divorce and make provisions for maintenance between the spouses.

Drawing up a prenuptial agreement

Only spouses, or persons intending to marry, can conclude a marriage contract. A marriage contract is therefore classified according to the point in time at which it was concluded into:

• pre-nuptial agreement;
• prenuptial agreement.

As the name suggests, a pre-nuptial agreement is concluded before the marriage and a post-nuptial agreement after the marriage. The post-nuptial agreement is valid for the spouses from the moment of its signature or from a future moment agreed by the spouses. The only difference between them is the moment of conclusion. Therefore, persons may have been married for more than 10 years and decide to conclude a prenuptial agreement. The parties may also agree that certain provisions of the contract will apply after a certain period of time (e.g. after 3 years of marriage) or that the relevant provisions will cease to apply after a certain period of time. In any case, the pre-nuptial agreement does not enter into force until after the marriage.

The marriage contract must be in writing and certified by a notary public; failure to comply with the required form will result in the contract being considered invalid. Once the contract has been concluded and notarised, it must be registered in the Register of Marriage Contracts and can only be used against third parties once it is registered.

The marriage contract can be terminated at any time by mutual consent of both spouses. The termination of a marriage contract is subject to the same requirements as its conclusion, i.e. the termination must be certified by a notary. After the dissolution of the marriage contract, the matrimonial property continues to be subject to the legal regime established by law. The marriage contract may also be amended by agreement of the spouses, certified by a notary. The legal regime of the property acquired before the modification or termination of the contract is not altered.

Thus, according to AVOCAD lawyer Rokas Puodžiūnas, a prenuptial agreement is not an expression of mistrust, but an excellent tool to balance the mutual property interests in a marriage. A large part of the disputes that arise (both in and out of marriage) are caused by monetary disagreements, so it is advisable to try to avoid the causes of such disputes.