Why you need a prenuptial agreement in Sweden
Take control of legal and economic matters in your marriage with a prenuptial agreement.
The Swedish Marriage Code states, among other things, how assets and inheritances within a marriage should be divided. As a married couple, you share exactly everything you own together. So if you want to manage your finances and divide assets in a different way than what the law states, you’ll need to draw up a prenuptial agreement.
A prenuptial agreement is a written agreement between a married couple. You can draw up the agreement at any time, both before you get married and during your marriage. The only thing you need to do for it to be valid in Sweden is to print it out in physical form, sign it and then register it with the Swedish Tax Agency.
If you don’t have a prenuptial agreement, everything you own will belong to your marital property. This means that all of the assets within your marriage, whether they’re in both your names or just one of yours, will be divided in half between the two of you. So there are no regards taken to how much each of you have invested. Any inheritance that one of you might receive will also be included in the marital property estate. If any specific legal documents exist, stating that an inheritance shouldn’t be included in the marital property, then the inheritance can count as individual property.
With a prenuptial agreement, you can divide your assets based on how much each of you has invested. You can also separate individual inheritances from the rest of what you jointly own. And own businesses without affecting the other partner financially and legally.
You may need to add documents to your prenuptial agreement
Prenuptial agreements in Sweden can be tricky to draw up. You need to word the agreement properly for it to be valid. Depending on your needs, sometimes drawing up a prenuptial agreement on your own is enough. But sometimes you may need to draw up other documents as well, like a deed of gift or a promissory note, to make sure your wish is legally valid. The easiest way to find out what you need is to consult with a lawyer.
