Why Do We Pay Lawyers – the "Pilots of the Legal Airspace"? 

The dismissive answer might be: "Because they stamp the paper with their seal."

But what does the placement of that embossed seal on a document really signify? What does it mean when a client retains legal representation?

First and foremost, it means security. By virtue of their unique position, a lawyer undertakes the obligation to ensure that every document drafted and countersigned by them, every piece of legal advice, and every act of representation in court fully complies with all applicable laws. Throughout the entire legal process, the lawyer is bound to act in the client's best interest, striving for the most appropriate legal solution. In the case of document drafting, they must also guarantee that neither party suffers any unlawful disadvantage.

I have often encountered individuals who complain about the attorney's fee, arguing that "I could write that myself," "it's not a big deal," or simply "why is it so expensive?" Usually, such individuals decide not to use a lawyer's services at all, attempting instead to navigate the labyrinth of law on their own—often realising the limits of their knowledge and experience only when it is too late.

Before we board a plane, we buy a ticket. A plane ticket is expensive, yet no one considers it unreasonable, because they "get something for it": transportation from one country to another. They reach their destination. The work of a lawyer functions in much the same way: it enables the client to reach their goal—that is, to enforce their rights and legitimate claims. The pilot of an aircraft carries passengers to their destination; the "pilot of the legal airspace" — the lawyer — carries the client safely to theirs.

Just as not everyone can fly an airplane (though it may appear simple—just push a lever and press a few buttons), not everyone can practise law. It might seem straightforward—just write down what you want—but in both professions, the underlying responsibility is immense.

So next time someone hesitates to sign an engagement agreement with a lawyer solely for financial reasons, they should remember that the "pilot of the legal airspace" truly has the ability to navigate them through their difficulties—and that is precisely why the lawyer is worth entrusting with their case.

Marital (Property) Agreement – But How Exactly? (Part 2)

There are certain situations in which the conclusion of a marital (property) agreement is mandatory. One such case is a marriage concluded under the rules of Sharia law, where the validity of the marriage requires the drafting and signing of a contract in accordance with the principles of Fiqh.

Many believe that a marriage contract prepared in accordance with the rules of Sharia and Fiqh automatically provides them with legal protection and enables them to easily enforce the rights set forth therein. This may indeed be true in countries whose legal systems are consistent with the provisions of Sharia law. However, this is not the case in Hungary or in other Member States of the European Union. Therefore, even if favourable conditions are stipulated in the Aqd an-nikāḥ, they will not be legally enforceable here.

Fortunately, there is a solution: it is possible to draft a marital (property) agreement that is valid and enforceable under both Sharia law and Hungarian law simultaneously. In such cases, there is no need to prepare two separate documents; a single, properly structured agreement can suffice.

It is therefore advisable to engage an attorney who is familiar with both legal systems and capable of harmonising the differing sets of legal requirements applicable to certain issues. It must be emphasised, however, that it is not sufficient to simply amend a marital (property) agreement previously prepared for other couples by replacing the names and personal data. Under Hungarian law, for such an agreement to be valid, it must be executed either as a notarial deed or as a private document countersigned by an attorney. Moreover, in order to be enforceable against third parties, it must also be registered in the official registry maintained by the Hungarian National Chamber of Civil Law Notaries.

Marital Property Agreement – Does It Make Sense? (Part 1)

The short answer: of course, it does.

Not because one does not trust their future spouse, or wishes to meet their parents' expectations, but because, after years or even decades, the relationship between the spouses may deteriorate, and in the event of divorce, proceedings concerning the division of marital property can drag on for years. Many—especially younger couples—often respond, "We'll never get divorced, and even if we do, we won't fight over anything." That would indeed be ideal; however, according to statistics, 38% of marriages (based on 2024 data from the Hungarian Central Statistical Office) eventually end in divorce.

Fortunately, marital property agreements can be concluded not only before marriage but also during the marriage. Thus, couples who did not enter into such an agreement prior to their wedding can do so at any time during the marriage.

When a marriage irretrievably breaks down, most spouses are uncertain about what to expect—what they are entitled to—so they may hesitate to initiate divorce proceedings or assert claims that are either excessive or, in rarer cases, too modest.

To prevent such situations, the Hungarian Civil Code provides detailed regulations governing marital property agreements, enabling the parties to minimize disputes in the event of divorce.

It must be emphasized, however, that it is not sufficient for the spouses or future spouses to simply draft and sign an agreement between themselves (even in the presence of witnesses). For a marital property agreement to be legally valid, it must be executed either as a notarial deed or as a private document countersigned by an attorney. Moreover, in order for it to be enforceable against third parties, it must be registered in the official registry maintained by the Hungarian National Chamber of Civil Law Notaries. Only then does the contractual intention of the spouses (or future spouses) become valid and effective.

Divorce made simple - Is it possible?

The dissolution of marriage is always emotionally burdensome. Once the spouses have reached their decision, they usually wish to finalize the termination of their irretrievably broken relationship as soon as possible and at the lowest possible cost.

In order for the court to pronounce the divorce within the shortest possible timeframe permitted by law and in compliance with the applicable rules on court fees, it is advisable for the parties to reach a prior agreement. A mediator can provide significant assistance during this amicable negotiation process by helping the parties structure the framework of the settlement and fill it with content, while keeping in view the interests of both sides.

If the parties succeed in reaching a compromise concerning the custody and residence of the children, contact arrangements, child maintenance, the division of jointly owned property, and other essential matters, the judicial proceedings will be efficient and cost-effective.

Experience shows that the grievances accumulated during the years of marriage often hinder the parties from reaching a win–win settlement. Nevertheless, only such an agreement can ensure the children's long-term emotional well-being and foster continued cooperation between the former spouses over the years to come.