Registration of the act applicable to the matrimonial property regime

International married couples can choose to draw up a written agreement on which national law should apply to their matrimonial property regime. This is important if for example at least one of the spouses has other nationalities or resides in another country, now or in the future. In that case, the spouses can draw up a written agreement on which national law should apply to their matrimonial property regime.

The agreement on which national law is applied to your matrimonial property regime must be submitted for registration to the Digital and Population Data Services Agency. This is because only the registered agreement is valid in Finland. If the agreement has not been registered, it cannot be invoked against the creditors of a spouse if the spouses have their place of residence or domicile in Finland.  

The issues concerning the selection of the national law applicable to matrimonial property regime are often complicated and for this reason you should ask for advice from a lawyer who is an expert in international law. The Digital and Population Data Services Agency does not comment on the content of the agreement, nor does it provide advice on its preparation.

The prenuptial agreement and the agreement on the law applicable to the matrimonial property regime are usually contained in the same document. However, the two agreements are entered in two different registers. Thus, even if your prenuptial agreement has been registered, the agreement on the law applicable to matrimonial property regime contained in the same document will only be registered if this is requested in the application. So remember to ask for the registration of both agreements. As the process involves two separate registrations, you are charged two separate registration fees. 

Matrimonial property regime is usually subject to the law of the country in which both spouses established a place of residence after entering marriage.

In certain cases, the law applicable to the matrimonial property regime can be set by an agreement to the law of the country in which one or both of the spouses have a place of residence or the citizen of which a spouse is at the time the agreement is made.
 
If the spouses have a place of residence in Finland, the provisions of the Marriage Act on the form of a prenuptial agreement shall be followed.

An agreement by which the spouses have set the law of a foreign state (other than Finland) to apply to the matrimonial property regime cannot be invoked against the creditors of a spouse if the spouse has a place of residence or domicile in Finland, unless the agreement has been submitted to the Digital and Population Data Services Agency for registration.

The questions associated with the choice of law to be applied to the matrimonial property regime are often fairly complex, which is why it is recommended to seek help from a lawyer who is familiar with international law.

Do the following 

1. Draw up a written agreement on which national law is applicable to your matrimonial property regime. You can use the services of a lawyer or a public legal aid office in the preparation of the agreement. By using the services of a professional, you can ensure that the agreement meets all legal and other formal requirements. Unfortunately, the Digital and Population Data Services Agency cannot help in the preparation of the agreement. 

2. Print out and complete the application below. 

Application to register an agreement (in Finnish)

3. Send the application and the original agreement to the address below or bring them to the mailbox of any of our service locations. Do not send any documents by email because we need the original documents. 

4. We will return the original agreement to you by post. The registration certificate and the invoice for the registration will be sent separately.