Married? Therefore, you must write a prenuptial agreement

Married Therefore you must write a prenuptial agreement

Every year, thousands of couples get married all over Sweden. Perhaps you are one of those who are currently thinking about their wedding ahead of the summer, which is the time of year when most couples get married.

If this is the case, it is important to know what you should think about in order to also create more security for yourself. An important detail is writing a prenuptial agreement together with your partner.

In 2023, 30 percent of everyone who got married in Sweden, corresponding to 44,000 couples, chose to register a prenuptial agreement with the Tax Agency.

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Of those who married in 2023, 44,000 chose to write a prenuptial agreement. Photo: Martina Holmberg/TTThen you can write a prenuptial agreement

The advantages of a prenuptial agreement are many. But there are also potential risks and challenges associated with talking about it with your partner. Should it be a sensitive topic when it comes to money, chattels or property, it can also contribute to frustration and irritation in the relationship.

In an interview with News24 tells Julia Zakrisson, housing economist at Stabelo, that it is important to try to de-dramatize the whole thing, regardless of how uncomfortable it may feel to talk about a prenuptial agreement. Most people who get married often have something that is theirs in everything from inheritance to property, therefore there are also several wise reasons for wanting to write a prenuptial agreement.

However, should the situation become such that you do not write a prenuptial agreement, it does not mean that the train has left. Of course, it is possible to write one afterwards, explains Zakrisson.

– A prenuptial agreement can be drawn up both before you get married, but also during the course of the marriage. For it to be valid, both parties need to sign it before it is sent to the Swedish Tax Agency. It is always possible to change the prenuptial agreement, but it is important to also send in a new, updated copy. If, for example, you build a company and get other financial conditions, it can always be good to have a prenuptial agreement.

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According to housing economist Julia Zakrisson, there are several reasons why more people should write prenuptial agreements when they get married. Photo: Press image StabeloTherefore you must write a marriage contract

Julia Zakrisson also explains why it is so important that you write a prenuptial agreement with your partner, if you are one of the thousands getting married this year.

– If you get married and possibly divorce in the future, and there is no prenuptial agreement, then all of your assets will be divided equally between you and your partner. Should it be the case that one of you has a holiday home in the family and would like to keep it, or if someone runs a company with large assets, this will be divided equally in the event of a divorce.

Not having a prenuptial agreement also means that all possible debts, for example to the Bailiff, are shared equally. Should one of you have large debts that you do not want to be a part of, a prenuptial agreement is required, says Zakrisson.

– Debts are deducted from assets in a divorce. If one party has large debts, it will
deducted from its assets when you do the property division, which indirectly means the other person too
pays the debt. Do you have any parts that you would like to keep or do not want to risk being encumbered
with debts from the other party, you should have a prenuptial agreement.

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5 important things to think about before the wedding:

  • Getting married also means that you have an obligation to provide for each other. This means that if one of you cannot support yourself, the other is legally obliged to help financially.
  • A prenuptial agreement can be written both before and during the marriage, but not after a possible separation. Important to remember is that it must be submitted to the Tax Agency to be formally valid.
  • The prenuptial agreement is a perishable commodity. Don’t forget to review it regularly and update if there have been any changes. If you want to change something in the prenuptial agreement, you need to write a new one and submit it to the Swedish Tax Agency.
  • Make sure that both parties have an equal amount of insight into the joint housing finances, regarding, for example, loans and housing costs.
  • Make sure that both parties have the opportunity for their own savings. This may mean that one partner should be compensated for taking greater responsibility for, for example, parental leave and VAB. The savings provide financial security for both.
  • Work part-time with full salary – already after the summer

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