How does prenuptial agreement work?

How does prenuptial agreement work?

Table of Contents

• What is a prenuptial agreement?
• Why should you have a prenuptial agreement?
• What can be included in a prenuptial agreement?
• Form requirements for prenuptial agreements
• Prenuptial agreement in case of death
• How do you draw up a prenuptial agreement?
• Amendment and annulment of prenuptial agreement
• Example of prenuptial agreement
• Conclusion

What is a prenuptial agreement?

A prenuptial agreement is a legal document in which the spouses agree that certain property shall be separate property. Individual property belongs to only one spouse and is not included in the division of property in case of divorce or death. Matrimonial property is the property that is not covered by the prenuptial agreement and that is divided equally between the spouses in the event of property division.

Why should you have a prenuptial agreement?

Having a prenuptial agreement can be important for several reasons:

• Protect specific property: If a spouse owns a business, real estate or other valuable property, a prenuptial agreement can ensure that this property is not divided in the event of divorce or death.
• Exclude inheritances and gifts: The prenuptial agreement can exclude inheritances and gifts from property division, protecting that these assets remain within the family.
• Financial security: For spouses with different financial circumstances, a prenuptial agreement can create a fair distribution of assets and protect individual assets from being divided.

What can be included in a prenuptial agreement?

Almost any type of property can be made separate property through a prenuptial agreement, for example:

• Properties and condominiums: Specify the property designation or apartment number and ownership share.
• Bank accounts and balances: Specify account number and current balance. The money should not be mixed with matrimonial property to remain separate property.
• Shares and securities: Specify the number of shares, fund units or other securities.
• Future returns: If returns from individual property are also to be individual, this must be stated in the agreement.

Form requirements for prenuptial agreements

For a prenuptial agreement to be valid, it must meet certain formal requirements:

• Written agreement: The prenuptial agreement must be in writing.
• Signed by both spouses: Both parties must sign the agreement.
• Registration with the Swedish Tax Agency: The agreement must be registered with the Swedish Tax Agency to be valid. This means that an application fee is paid and the agreement is sent to the Tax Agency.

Prenuptial agreement in case of death

In the event of death, the matrimonial property is divided, half goes to the surviving spouse and half to the estate. Personal property is not included in the division of property, but goes to the estate. However, the surviving spouse has inheritance rights and may still receive a share of the individual property depending on the order of succession or will.

How do you draw up a prenuptial agreement?

To draw up a prenuptial agreement, one can:

• Hire a lawyer: It is recommended to get the help of a lawyer to ensure that all formal requirements are met and that the agreement is clearly worded.
• Templates used: There are templates that can be used, but it is important that they are adapted to the specific needs.
• Write a new agreement in case of changes: If the spouses want to change the prenuptial agreement, a new agreement must be drawn up and registered with the Tax Agency.

Amendment and annulment of prenuptial agreement

It is possible to change or cancel a prenuptial agreement at any time during the marriage by writing a new agreement that is registered with the Tax Agency. This provides flexibility for the spouses to adapt their financial arrangements to changing circumstances.

Example of prenuptial agreement

A simple example of what a prenuptial agreement can look like:

 Prenuptial agreement

 Parties:

 Lina Nilsson (921005-12XX)
 Anders Petterson (940403-10XX)

 Contract terms:

 Through this prenuptial agreement, we agree that all property acquired by each of us before or during the marriage is separate property. 
We have also agreed that returns should be counted as individual property.
 Swedish law is applied to this prenuptial agreement.

 Place and date:

 [Location Date]

 _________________________
 Lina Nilsson

 _________________________
 Anders Petterson

Conclusion

Prenuptial agreements are a powerful tool to protect personal property and create clarity in financial matters between spouses. By understanding its function, application and formal requirements, spouses can ensure that their financial arrangements are fair and legally binding. Drawing up a prenuptial agreement with the help of a lawyer is recommended to avoid future disputes and misunderstandings.

On our website you can find ready-made prenuptial agreement templates that can be adapted to your specific needs. Our templates are designed to meet all legal requirements and ensure your prenuptial agreement is valid and binding.