Prenuptial agreement – complete guide to separate property and registration
A prenuptial agreement determines which property is to be separate property instead of marital property. It does not in itself change who owns the property, who is responsible for a loan, or who inherits upon death.
Marital property is the main rule
According to Chapter 7, Section 1 of the Marriage Code, a spouse's property is marital property to the extent that it is not separate property. Marital property does not mean that the spouses own each other's belongings by half during the marriage. Each spouse manages their own property and is responsible for their own debts.
Its significance arises primarily during the division of marital property. As a main rule, marital property is included in the division, whereas separate property is normally kept out.
What can a prenuptial agreement do?
Spouses or prospective spouses may, in accordance with Chapter 7, Section 3, decide that property belonging to or subsequently acquired by either of them shall be that spouse's separate property. The agreement may include:
- all property belonging to one or both spouses,
- a specific property or cooperative apartment (bostadsrätt),
- shares in a company,
- a specific account or securities holding,
- future property described with sufficient clarity.
It is possible to let the remainder of the property continue to be marital property.
What can a prenuptial agreement not do?
Prenuptial agreements determine if property is separate but do not automatically transfer ownership. For an actual division of property between married couples, see the guide on division of property during marriage and advance notification to the Swedish Tax Agency.
- It does not automatically transfer ownership rights between spouses.
- It does not relieve anyone of a bank loan.
- It does not determine who will inherit; inheritance rules and wills do that.
- It does not replace a division of property agreement when an actual division is to be made.
- It cannot freely revoke a condition of separate property set by a third party in a gift or will.
Formal requirements and registration
The agreement must be in writing, dated, and personally signed by both. It must then be registered with the Swedish Tax Agency. Witnesses are not required under the Marriage Code.
The Swedish Tax Agency's registration fee is SEK 275 according to current regulations. Registration is necessary, but the Swedish Tax Agency does not thereby assess whether every provision is substantively valid or reasonable.
Prenuptial agreement before the wedding
An agreement between prospective spouses is valid from the date of the wedding if it is submitted for registration within one month of the wedding. If submitted later, it is valid only from the day it reached the Swedish Tax Agency.
Prenuptial agreement during the marriage
An agreement between spouses is valid from the day it reaches the Swedish Tax Agency.
Can a prenuptial agreement be registered after a divorce application?
Formal registration and effect in the division of property are two different issues. The Swedish Tax Agency's legal guidance, clarified on October 1, 2026, states that an ongoing divorce process does not in itself constitute a formal obstacle to registration while the marriage exists. However, the division of property upon divorce is normally based on the property conditions on the day the petition for divorce was filed (Chapter 9, Section 2 of the Marriage Code). A prenuptial agreement submitted only after that day may therefore lack effect for that specific division, even if registered. Therefore, do not wait until the divorce process if you wish to agree on the property arrangement.
Source: Swedish Tax Agency's legal guidance on prenuptial agreements, updated October 1, 2026. If a divorce is already pending, the issue of the agreement's effect should be assessed individually.
What happens to the yield from separate property?
This is a common pitfall. According to Chapter 7, Section 2, yield from separate property is as a main rule marital property, unless otherwise prescribed in the legal document that made the property separate.
If, for example, shares are made separate through a prenuptial agreement, but the dividends should also be separate, this should therefore be clearly regulated.
What happens if the separate property is sold?
What replaces separate property is as a main rule also separate property, unless otherwise prescribed. Documentation and traceability can therefore become important when money is moved or reinvested.
Prenuptial agreement in case of death
A prenuptial agreement affects the division of property by determining what is marital property and what is separate property. However, it does not in itself determine who inherits the deceased's property.
After the division of property, the inheritance is determined according to the Inheritance Code and any will. A surviving spouse can therefore in some situations inherit property that was the deceased's separate property.
How to amend or revoke a prenuptial agreement?
The spouses must draw up and register a new prenuptial agreement. A new agreement can make property that previously became separate through a prenuptial agreement marital property again.
Common mistakes
- Writing the agreement but failing to register it.
- Believing property is separate just because it was owned before the wedding.
- Forgetting what should apply to the yield.
- Confusing separate property with ownership rights.
- Using unclear wording regarding future property.
- Attempting to set a time limit or conditions on the agreement.
- Believing a prenuptial agreement replaces a will.
See also When is a prenuptial agreement needed? and what you can actually choose from.
Which prenuptial agreement template should we choose?
Choose based on which property is to be excluded and whether the agreement is being written before or during the marriage. These active templates have different scopes; do not choose an agreement that makes all property separate if you only need to exclude a specific asset.
| Need | Suitable starting point |
|---|---|
| You are getting married and need to agree on separate property before the wedding. | Prenuptial agreement before marriage – Word/PDF + guide, SEK 79. |
| You want to exclude, for example, a specific company, a property, or specified shareholding. | Prenuptial agreement for specifically indicated property – Word/PDF, SEK 79. |
| You want each spouse's current and future property to be separate to a broad extent. | Simple prenuptial agreement – all property separate, Word/PDF, SEK 49. |
For a more detailed comparison, read which types of prenuptial agreements are available. All prenuptial agreements must meet the law's formal requirements and be registered with the Swedish Tax Agency.
See template for simple prenuptial agreement – SEK 49. For only certain property, compare the special template above.
Sources
Templates in this article
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