Prenuptial agreements

A prenuptial agreement can be drawn up either before or during a marriage and gives spouses the opportunity to decide how their property should be divided in the event of divorce. Through the agreement, it is possible to specify that all or certain assets are to be treated as separate property, meaning they will not be included in a division of assets. It is also possible to convert an asset from separate property into marital property in a prenuptial agreement.

Prenuptial agreements are often particularly important for those who own a business, hold valuable assets, or have received something through inheritance or gift. Without a prenuptial agreement, the default rule is that all marital property is divided equally between spouses – although in some cases, the distribution can be adjusted if a strict equal division is considered unreasonable. Failing to regulate this in advance may therefore have unexpected financial consequences.

For a prenuptial agreement to be legally valid, it must be registered with the Swedish Tax Agency.