If they wish, the spouses may restrict each other's right to their personal property if they get divorced or one of them dies.
Spouses or partners in a registered partnership have a right to each other’s property if this right has not been specifically restricted. A prenuptial agreement means that if the couple get divorced or when one of them dies, their property will be added up and divided in half. The spouses may restrict each other's marital rights by means of a prenuptial agreement.
If a couple has a valid prenuptial agreement and the marriage ends as they get divorced or one of them dies, their property will be divided as stated in the agreement. For example, the prenuptial agreement may specify that each spouse keeps the property they had before they got married, or that a company that one of the spouses owns, and the property and debts of that company, belong only to the owner.
You can make a prenuptial agreement if you are already married or in a registered partnership, or when you are planning to get married. Each of you must consent to the prenuptial agreement, and neither spouse can make it alone.
You can draw up the agreement yourselves. Consider seeking legal advice from professionals. Model agreements are available online.
If you need help, you should contact a solicitor’s office, your bank's lawyers, law experts or the central government’s legal aid office. You will have to pay a fee for the services of a private solicitor.
The prenuptial agreement must always be made in writing. It must have a date and your signatures. Two impartial persons must witness it. The prenuptial agreement enters into force once it has been registered at the Digital and Population Data Services Agency. You can submit your prenuptial agreement for registration to any service location of the Digital and Population Data Services Agency (a local register office). You will have to pay a fee for the registration.
You can make a prenuptial agreement before the wedding when you are planning to get married. You can also make the agreement at any time when you are already married or in a registered partnership.
In a prenuptial agreement, the spouses can say that one or both of them do not have a right to property that the other has got before or during the marriage. They may also specify the part of the property that the other spouse does have a right to. For example, the prenuptial agreement may say that you do not have the marital right to your spouse’s inheritance, or a company or a farm that your spouse owns.
If the prenuptial agreement is valid, the wealthier spouse will not hand over any of their property to the less wealthy one if they get divorced. If the wealthier spouse dies first, the widow/er can get their own property out of the estate, but no part of the spouse’s property.
You cannot be a witness if the person making a prenuptial agreement is your current or former spouse, your sibling, your parent or your child, or if you have some other close relationship with the person that is similar to an intimate or family relationship. The witness must be 15 years of age.
Yes. A prenuptial agreement is cancelled if you make a new prenuptial agreement or feel that you no longer need one. You can change the prenuptial agreement at any time while you are married. You can make a new prenuptial agreement, or give notification of cancelling the agreement, in the same way as you made the first one and submit it to the Digital and Population Data Services Agency for registration.