An in-depth look at prenuptial agreements

A prenuptial agreement is sometimes referred to as a ‘love contract’

Strange, say those who associate prenuptial agreements with divorce. Many find it a difficult subject to discuss, and may find it hard to bring it up with their partner.

Find a provider here

When should you sign a prenuptial agreement?

A prenuptial agreement can be drawn up at any time during the marriage, but as a lawyer I advise you to have this discussion as early as possible — so that you can sort out what you want to apply to your relationship — whilst everything is going well and you’re in a position to make well-considered decisions and take responsibility for your shared future. Then you can focus on the more pleasant things, without a nagging feeling that something is unresolved between you. Whichever of you has an asset that is not to be shared can rest assured that it is protected, whilst the person who is not to share in that asset need not, in turn, worry about being perceived as simply after that specific asset.

Is it necessary to draw up a prenuptial agreement?

The reasons for needing a prenuptial agreement vary. Often, it is because one of you is entering the relationship with greater assets than the other. It may also be the case that one of you is self-employed, or a partner in a company where a shareholders’ agreement requires a prenuptial agreement. Or, for example, there may be a family farm that you wish to keep within the family.

Who owns which assets?

In a prenuptial agreement, you agree on which assets are to be shared between you, and which are not. A prenuptial agreement only deals with current ownership shares — for example, you cannot state in a prenuptial agreement that one of you owns the entire house if you are both listed as owners on the title deed. In such a case, you must either draw up a deed of gift or a property division agreement to resolve the ownership shares.

What makes a prenuptial agreement valid?

A prenuptial agreement must be registered with the Swedish Tax Agency to be valid. You can do this no earlier than one month before the wedding. You can find more information on this here. Two independent witnesses are not required to witness a prenuptial agreement, but it serves as good evidence should you fall out, or if one of you were to claim, for example, that you did not sign the prenuptial agreement.

The future is yours, together!

A prenuptial agreement is also a way of strengthening your bond and finding common ground. You’re a united team building a life together, whilst supporting each other’s dreams and through thick and thin. It’s a great opportunity to work out what’s important to you both, and it’s a conversation you’ll be grateful for in the future.

https://blog.aty-aminay.com/