Everything you need to know about prenuptial agreements

Everything you need to know about prenuptial agreements

Everything you need to know about prenuptial agreements

Table of Contents

• What is the difference between the prenuptial agreement before, during and after marriage?
• Examples of what can be listed as individual property
• Who needs to write a prenuptial agreement?
• Revoke or amend prenuptial agreement?
• Individual property must be derivable
• When should you write a prenuptial agreement?
• What is the difference between prenuptial agreement and will?
• How do prenuptial agreements affect inheritance?
• How can I know if there is a prenuptial agreement registered?
• How detailed should a prenuptial agreement be?
• Frequently asked questions about prenuptial agreements

What is the difference between the prenuptial agreement before, during and after marriage?

A prenuptial agreement is a legal agreement between spouses or spouses-to-be that regulates which property should be separate and which should be matrimonial property. The prenuptial agreement can be drawn up both before and during the marriage, and amended or revoked after it has been written. If the prenuptial agreement is drawn up before the marriage, it applies from the day the marriage is entered into, provided it is registered with the Swedish Tax Agency within one month. If it is drawn up during the marriage, it applies from the day it is submitted to the Tax Agency.

During the marriage, each spouse is responsible for his property and debts. The prenuptial agreement does not affect this, but it is important in the event of a possible division of property, for example in the event of divorce or death. After the end of the marriage (through divorce or death), the prenuptial agreement is decisive for how the property is to be distributed between the spouses​ Lexly , Wikipedia .

Examples of what can be listed as individual property

The prenuptial agreement can include different types of property as an individual. Examples of what can be listed as individual property are:

• Properties, such as condominiums or summer cottages.
• Companies and their assets.
• Specific bank accounts or other financial assets.
• Property received through inheritance, gift or will.
• Future returns from individual property​ Lexly , Lavendla .

Who needs to write a prenuptial agreement?

Prenuptial agreements are especially important for couples who:

• Owns significant assets before marriage.
• Has a company or is a partner in a company.
• Expects to inherit substantial property.
• Have children from previous relationships and want to protect their inheritance rights.
• Want to ensure that certain assets remain personal and are not shared in the event of a divorce​ Lexly , Nordea .

Revoke or amend prenuptial agreement?

It is entirely possible to annul or change a prenuptial agreement. To do this, the spouses must write a new prenuptial agreement that cancels the old one, and this must also be registered with the Tax Agency to be valid. This means that both changes and cancellations must be in writing, dated and signed by both spouses. Lavendla , Wikipedia .

Individual property must be derivable

It is important that the individual property can be clearly derived to avoid future conflicts. If, for example, a sum of money is made into individual property, it must be clear which account it belongs to in order to avoid confusion with matrimonial property. If individual property is sold and the funds reinvested, this should be carefully documented to maintain its status as an individual​ Lexly .

When should you write a prenuptial agreement?

Prenuptial agreements can be written both before and during the marriage. It is recommended to do this as soon as possible, especially if there are significant assets to protect. If it is not drawn up before the wedding, it can be written at any time during the marriage. It is important that the document is registered with the Tax Agency in order to be valid Wikipedia .

What is the difference between prenuptial agreement and will?

A prenuptial agreement regulates how property is to be distributed between spouses in the event of divorce or death, while a will regulates how a person's property is to be distributed after their death. Prenuptial agreements can affect the distribution of inheritance by defining what is individual property and thus not included in the division of property in the event of death. The will can supplement the prenuptial agreement by specifying how the individual property is to be distributed after death. Lavendla , Wikipedia .

How do prenuptial agreements affect inheritance?

In the event of a death, a division of property first takes place, where the matrimonial property is divided between the spouses. The prenuptial agreement determines what is individual property and thus should not be divided. After the division of the estate, the inheritance is divided according to the order of succession or the will. If the deceased has separate property as specified in the prenuptial agreement, this affects how much goes to the heirs and to the surviving spouse​ Lexly , Wikipedia .

How can I know if there is a prenuptial agreement registered?

To find out if a prenuptial agreement is registered, you can contact the Swedish Tax Agency. The Swedish Tax Agency keeps a register of all registered prenuptial agreements, and it is possible to request extracts or information from this register Lexly , Wikipedia .

How detailed should a prenuptial agreement be?

The prenuptial agreement should be as detailed as possible to avoid future interpretation disputes. It must be clearly stated which property is individual and which is matrimonial property. It is also important to include all relevant information and be clear with the wording. It is recommended to take the help of a lawyer to ensure that all aspects are covered and that the document meets all legal requirements​ Lavendla , Wikipedia .

Frequently asked questions about prenuptial agreements

What is a prenuptial agreement? A prenuptial agreement is a written agreement between spouses or spouses-to-be that regulates which property should be separate and which should be matrimonial property Wikipedia .

Is a prenuptial agreement always necessary? No, it is only necessary for those who want to protect certain property from being divided upon divorce or death. If the spouses do not have significant property that they want to protect, a prenuptial agreement may be unnecessary. Nordea .

How much does it cost to write a prenuptial agreement? The cost of registering a prenuptial agreement with the Tax Agency is SEK 275. If you hire a lawyer, the cost may be higher depending on the service chosen. Lavendla , Nordea .

In conclusion, prenuptial agreements are an important tool to protect personal assets and avoid future conflicts in the event of divorce or death. By understanding its importance and following the right process, spouses can ensure that their financial interests are best protected.