Prenuptial and marital property agreements

Types of marital property agreements

Separation of property (prenuptial agreement – intercyza)

Each spouse retains the property acquired before and after the agreement, manages it independently and is liable for their own obligations. This arrangement is often chosen by people who run a business.

Separation of property with equalisation of acquisitions

While the separation lasts, the spouses’ estates are separate; when it ends, the spouse whose acquisitions are smaller may claim equalisation.

Extension of joint property

Assets that would otherwise be personal property are brought into joint property – for example, a flat received by one spouse as a gift.

Limitation of joint property

The spouses exclude specific assets from joint property while otherwise retaining the joint property regime.

When to conclude a prenuptial agreement?

The agreement can be concluded either before the wedding (it takes effect from the date of the marriage) or during the marriage (it takes effect from the date of the agreement, not retrospectively). It is effective against third parties if they knew of its conclusion and type – so it is advisable to inform, for example, business partners or the bank.

Division of joint property

After joint property ends (e.g. following a prenuptial agreement or divorce), the spouses may divide their joint assets by agreement. If the assets include real property, the agreement must be made by notarial deed.

Documents

Minimum documents. Below is the minimum set of documents. We will give you the full list for your matter once you contact the office – it depends on the legal status and the circumstances. All document checklists →

• Identity documents of both spouses (or of the engaged couple)
• Date and place of marriage (a copy of the marriage certificate – where the agreement is concluded during the marriage)
• For extension of joint property or division of assets – documents relating to the assets (e.g. land and mortgage register numbers)