What is marital agreement?

A marital agreement is a contract between two spouses (or future spouses) that determines that certain property will not be divided equally if the marriage ends. By writing a marital agreement, spouses can decide that certain property, for example, a business, an inheritance, or a home, will belong to only one spouse and will not be included in the division.

What applies if there is no marital agreement?

If spouses do not write a marital agreement, the so-called marital property regime (giftorättsordningen) applies. This means that, in principle, all property owned by the spouses — regardless of who purchased or inherited it, and regardless of whether it is owned individually or jointly — is considered marital property (giftorättsgods). In the event of divorce or death, the value of the spouses' marital property is combined and then divided equally between them, after any debts have been deducted. This applies as a starting point regardless of how long the marriage has lasted or how much each spouse has contributed financially.

What does a marital agreement do?

A marital agreement determines what happens to property if the marriage ends, either through divorce or if one of the spouses dies. Property specified in the marital agreement is referred to as separate property (enskild egendom) and is then kept outside the property division (bodelning) that would otherwise take place. It is important to understand that a marital agreement does not affect who formally owns what during the marriage itself — it only concerns how the property is to be handled if the marriage ends.

A marital agreement can be written:

• before the marriage takes place, or
• during an ongoing marriage.

In Sweden, the agreement is referred to as a marital agreement (äktenskapsförord) regardless of when during the marriage it was entered into, unlike in English, where a distinction is typically made between prenuptial and postnuptial agreements. We use the term "marital agreement" throughout to reflect the Swedish context, covering both situations.

Spouses can also amend or revoke a marital agreement at any time during the marriage, as long as both agree. This is done by drawing up and registering a new marital agreement, which then replaces the previous one.

How is a valid marital agreement created?

For a marital agreement to be valid in Sweden, the Swedish Marriage Code (äktenskapsbalken) requires that it:

• is in writing,
• is dated,
• is signed by both spouses, and
• is registered with the Swedish Tax Agency (Skatteverket).

Registration with the Swedish Tax Agency is essential — a marital agreement that has not been registered is not valid. This is also why marital agreements are considered public documents: because they are registered with a government authority, they are accessible to the public.

Differences between countries

Rules regarding marital agreements differ between countries. In some countries, for example, the agreement must be drawn up by a notary or lawyer to be valid, rather than registered with an authority as in Sweden. In some countries, only agreements written before the marriage are recognized, while agreements written during an ongoing marriage are either more difficult to establish or not permitted at all. There are also differences in what a marital agreement may regulate, and how it relates to other rules, such as those concerning maintenance or inheritance.

Glossary

• Marital property (giftorättsgods) – Property owned by the spouses that is normally divided equally in the event of divorce or death, unless it has been made separate property through a marital agreement.
• Separate property (enskild egendom) – Property that, through a marital agreement (or, for example, terms in a will or deed of gift), is kept outside the property division and therefore not divided equally.
• Property division (bodelning) – The process by which the spouses' property is divided between them, either in the event of divorce or when one spouse dies.
• Estate (dödsbo) – The deceased's combined assets and debts after death, before the inheritance has been distributed.
• Net estate (kvarlåtenskap) – What remains of the deceased's property after any property division has taken place, which is then distributed through inheritance.