Different types of prenuptial agreements – all or certain property?
Swedish law does not have separate types of prenuptial agreements called "simple," "mixed," or "conditional." The legally significant question is which property you make separate, for whom, and whether future property or returns should also be included.
1. All property as separate for both spouses
Spouses may agree that all property each owns or subsequently acquires shall be their respective separate property. This reduces or eliminates marital property to a corresponding extent.
This is a far-reaching solution. It should not be chosen just because the phrasing is simple; the effect in the event of divorce and death can be significant.
2. All property as separate for only one spouse
Section 7:3 permits a prenuptial agreement to cover only one spouse's property. The other spouse's property can simultaneously remain marital property.
This creates an asymmetric property regime and should therefore be consciously chosen and clearly formulated.
3. Only certain specified property as separate
It is possible to limit the agreement to a specific asset or category, for example:
- a specific company or shareholding,
- a named property or tenant-owned apartment,
- a specific investment account,
- future property of a clearly described type.
Other property then remains marital property unless it is separate on some other basis.
4. Current and future property
The law allows the agreement to include property that already belongs to a spouse or that subsequently accrues to the spouse. The phrasing must be clear enough to determine what is covered.
5. Returns from separate property
Returns are a separate issue. The main rule in Section 7:2 is that returns from separate property are marital property unless otherwise prescribed in the legal instrument that made the property separate.
If shares are to be separate property and future dividends should also be separate, this should therefore be expressed clearly.
6. Property replacing separate property
Surrogates—i.e., property that replaces separate property—are as a general rule also separate, unless otherwise prescribed. If a separate property is sold, the purchase price may therefore retain its character as separate property. Traceable documentation is practically important.
7. Can a prenuptial agreement be time-limited or conditional?
This means that phrases such as "this home is separate only if a divorce occurs within five years" or "the agreement automatically terminates when we have children" should not be treated as a normally valid prenuptial agreement construction.
8. Can a new prenuptial agreement make property marital property again?
Yes, once property has become separate through a prenuptial agreement, the spouses can decide through a new registered prenuptial agreement that it shall be marital property again.
This must be distinguished from property that is separate due to conditions from a third party in a gift or will. Spouses cannot simply use a prenuptial agreement to override the donor's or testator's conditions.
9. Before or during marriage?
The same fundamental formal requirements apply: written, dated, signed, and registered. An agreement between future spouses can take effect from the wedding day if it is submitted to the Swedish Tax Agency within one month. An agreement signed during marriage is effective from the day it is received by the Swedish Tax Agency.
Comparison
| Setup | What becomes separate? | When is it suitable? |
|---|---|---|
| Comprehensive | All specified current/future property | When spouses want a far-reaching separation of property |
| Unilateral | Only one spouse's specified property | When only one side should be exempt from marital property |
| Partial | e.g., company or certain home | When only certain assets need to be excluded |
| With return clause | Property and explicitly also returns | When dividends/interest should also be kept out of the division of marital property |
How to choose a template for a prenuptial agreement
The store's templates differ regarding the property and life situation they are based on. The legal starting point is always Section 7:3 of the Marriage Code, regardless of the name of the template package.
| When is the template suitable? | See product |
|---|---|
| You want all property to be separate for both spouses or future spouses. | Simple Prenuptial Agreement – all property separate (49 SEK). |
| You want to make a specific company, property, or other clearly specified property separate. | Prenuptial agreement for specifically specified property (79 SEK). |
| You are getting married and need a draft intended for future spouses. | Prenuptial agreement before marriage (79 SEK). |
Has an application for divorce already been filed? Read the main guide's clarification on registration and effect in the event of divorce, based on the Swedish Tax Agency's legal guidance updated October 1, 2026. The fact that the Swedish Tax Agency registers a document is not a guarantee that it will affect the actual division of marital property.
Which setup should you choose?
Start from the effect you actually want in the division of marital property. Make an asset list and mark what should be marital property and separate property, respectively. Then check whether property is already separate through a gift or will and whether returns need to be regulated.
See the main guide Prenuptial Agreement – separate property and registration.
The store's Simple Prenuptial Agreement Template – Word/PDF costs 49 SEK. Customize what should be separate and then register the agreement with the Swedish Tax Agency.
Sources
Templates in this article
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