Registration of a prenuptial agreement
A prenuptial agreement is an agreement by which the spouses agree that in case their marriage or registered partnership dissolves, their property is not split in half as laid down in the Marriage Act. A prenuptial agreement is not valid until it is registered in the Digital and Population Data Services Agency.
When you are married or in a registered partnership, both spouses have a marital right to the other spouse’s property. If the marriage or registered partnership is dissolved due to death or divorce, marital rights to property means a right to obtain half of the remaining combined property of the spouses in the division of property. A prenuptial agreement allows you and your spouse to agree that neither of you have marital rights to the other spouse’s property or part of it.
A prenuptial agreement must be made in writing and dated and signed. In addition, the authenticity of the signatures must be verified by two unexceptionable witnesses. A marriage becomes in force when it is registered in the Digital and Population Data Services Agency.
A witness to the prenuptial agreement is exceptionable, if:
- they are the current or previous spouse of a party involved or the current spouse, sibling, or family member in the direct ascending or descending line.
- they have a close relationship to a party involved, with the relationship comparable to a partnership or kinship;
- they are not yet 15 years of age of their mental capacity is disturbed to an extent that they fail to understand the significance of being a witness
You can submit the prenuptial agreement for registering already before the marriage ceremony. A prenuptial agreement cannot be registered if the divorce proceedings have been initiated.
The Digital and Population Data Services Agency will not create a prenuptial agreement for you, it only registers the completed one.
If you are considering making a prenuptial agreement, you should turn to a lawyer, the State legal aid office or other legal expert.
Do the following
- Draw up a written prenuptial agreement
- Ask two unexceptionable persons to certify the authenticity of the signatures.
- Submit the original signed prenuptial agreement and the filled-in application form to the Digital and Population Data Services Agency.