Nuptial Agreements
A nuptial agreement is a contract between spouses regarding property conditions, which is made before or during marriage.
Gifts between spouses, which exceed the usual, should be formalized through a nuptial agreement.
Agreements between spouses about whether joint property should be separate or whether separate properties should become joint should also be made by drafting a nuptial agreement. If a nuptial agreement is not made, all property is considered joint. This means that all property will be divided in the event of death or divorce. Spouses can agree through a nuptial agreement that assets shall become separate property. This means, that the assets under separate property are kept outside of the joint estate and will not be subject to division upon death or divorce.
All nuptial agreements must be registered, but in some cases, the agreement must be approved by the Family Law Administration before registration. Learn more about approval below.
The Environment Agency administers the registration. Contact the Environment Agency if you want to register a nuptial agreement.
Please contact the Environment Agency to learn more about registration.
Some nuptial agreements must be approved by the Family Law Administration before registration.
This is the case with post-nuptial agreements (agreements made after the parties have married) that involve the transfer of assets between spouses without any cost.