Imagine: after nurturing a beautiful relationship for two years, a couple moves in together, gets engaged, and starts planning their dream wedding. But with very little time left until the celebration, one of them utters the “shocking” words: let’s sign a prenuptial agreement. The partner is confused, doubts the other’s feelings, and even starts wondering if they want to get married at all.
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Negative attitudes towards prenuptial agreements are still common in society, notes Jurgita Karvelė, partner at the law firm “Sorainen” and a lawyer specializing in family law and dispute resolution.
“When hearing such a proposal, people usually think that the other party is already planning a divorce or is convinced that the marriage will eventually break down. This is understandable: although the provisions of a prenuptial agreement apply during the marriage, this document gains the most significance in the event of a divorce. However, a prenuptial agreement is not a harbinger of marriage failure,” says J. Karvelė.
The state has already decided for you
According to the lawyer, the most important thing to understand is that the absence of a prenuptial agreement does not mean that the couple’s property relations are not legally regulated. On the contrary – the rules enshrined in the Civil Code automatically come into effect from the moment the marriage is concluded. This state-prescribed model is called joint marital property.
“A prenuptial agreement is an opportunity to decide for yourselves what rules will apply to the couple’s property relations, rather than leaving this decision to the law. Therefore, the discussion should start not with the question of whether we need an agreement, but whether we want to live according to the state-prescribed order or create our own,” notes J. Karvelė.
What this order means in practice is explained by Ieva Tučkutė, a lawyer at the law firm “Sorainen.” Joint marital property includes all property acquired during the marriage – regardless of whose funds were used to purchase it, who earned the money, or in whose name the property is registered.
“If there is no prenuptial agreement, half of the wife’s salary is legally considered the husband’s income, and vice versa. Even if both spouses agree, neither can acquire registered property as personal ownership. As long as the marriage lasts, it is not specified how much and what kind of property belongs to each – everything is shared. This is clarified only when dividing property, usually during a divorce,” explains I. Tučkutė.
You can create your own rules
A prenuptial agreement allows spouses to choose the property legal regime that best suits their needs. According to I. Tučkutė, several main models can be distinguished. One of them is the complete renunciation of joint marital property, where all property acquired after marriage becomes the personal property of each spouse. This option is often relevant for couples where both partners have independent businesses and different financial obligations.
“Another option is partial joint ownership, where property acquired during the marriage is divided into predetermined shares, for example, 50% each or another ratio agreed upon by the parties. It is also possible to choose a mixed model, setting different rules for different types of property: for example, vehicles or real estate can become the personal property of each, while all other property remains joint marital property,” lists I. Tučkutė.
Not just property division
The property legal regime is only one part of a prenuptial agreement. In practice, parties often agree on various compensations, maintenance, or other individual obligations in case of marriage termination. Some agreements may seem unexpected at first glance, but they perfectly demonstrate the flexibility of this contract.
“One agreement stipulated that in case of divorce, the husband would pay the wife compensation of several tens of thousands of euros for each month lived in the marriage. Another set criteria for housing that the husband committed to buy for the wife regardless of whose fault the marriage ended. In yet another agreement, the parties agreed that in case of divorce, the wife would receive maintenance, and the amount would be higher if she had not worked for at least 18 consecutive months before the separation and the marriage did not end due to her fault,” recounts J. Karvelė.
Such examples are not suitable for everyone, but they show that a prenuptial agreement can reflect real life, not just an abstract legal model. According to the speakers, there is no need to fear a prenuptial agreement just because of its association with divorce.
“It is similar to the fear of making a will just because it is associated with death. Neither of these documents creates the event they are intended for. Both only allow you to decide in advance how important issues would be resolved if such a situation nevertheless occurred. A prenuptial agreement is the right to choose. And not choosing is not a neutral decision: it means that the rules have already been chosen for you by law,” adds J. Karvelė, partner at the law firm “Sorainen.”
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