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Prenuptial agreement

A prenuptial agreement is an agreement between a husband and a wife, or a husband and a wife to be. With a prenuptial agreement the couple can decide what property should be included in the marital property, i.e. the property that will be included in a division of property in case of a divorce or death, and which property that should be separate and therefore be excluded from a future property division.

The spouses can decide to make all their property separate property, which means that in case of death or divorce, each spouse keeps the property that he or she owns. They can also decide that only one spouse's property shall be separate or choose to keep a specific piece of property, for example a summer house, separate property. The prenuptial agreement can cover not only property that the couple currently owns, but also income and property that they may gain in the future.
A prenuptial agreement must be in writing and signed by both spouses. In order to be valid it must be registered with the District Court. If the agreement is registered before the marriage takes place, it will be valid from the day of the marriage. The same is true if it is registered within one month from the marriage. An agreement that has been registered more than one month from the marriage will be valid from the day of registration.
 

Ordering a prenuptial agreement 

We would be happy to give you advice and help you create a prenuptial agreement on the basis of your specific needs. We can also help you with the registration of the agreement with the Court. The fixed cost for the prenuptial agreement is 1500 SEK. If you also would like help with the registration of the agreement with the Court, there is an additional fee of 1000 SEK (which includes the Court's administrative fee of 275 SEK). The advice you may need in connection with the drawing up of your document is included in the price. If your matter is very complicated, it is possible that the fixed price listed above is not applicable. In that case we will give you a new proposal for a fixed price that reflects the added complexity. Send us an  e-mail and describe you matter and we will contact you as soon as possible. If you prefer to discuss your matter over phone, call us at +46(0)8 559 25 309.

This article describes prenuptial agreements as regulated by Swedish law. It is for information purposes only, and neither contains any legal advice, nor should be construed as such. Every case depends on its specific facts, so if you are planning to prepare a prenuptial agreement, contact us or another lawyer.