Prenuptial & Postnuptial Agreements
30 years of experience has led to the development of a practical approach to matrimonial property matters and prenuptial agreements. Our family lawyers will advise you, prepare the prenuptial agreement in order to best secure your property and guide you through all the formalities.
Entering into marriage results in the creation of a statutory matrimonial property regime between the spouses – it means that from the day of the wedding almost everything you earn and buy is a joint property of you and your spouse. However, the spouses may conclude a property agreement under which they will modify or exclude the statutory community existing between them.
The following property regimes may exist in a marriage:
- joint property
- property separation
- property separation with the equalization of achievements – this regime combines the advantages of separation of property with the simultaneous protection of the interests of the spouse who, for example, during the marriage, looked after the house and children
- extended community of property
- limited joint property
Our family lawyers will answer your questions, present and explain the differences between property regimes, analyze the family and property situation of the spouses and help to choose the properly regime tailored to you and your spouse, present and describe the actions necessary to take to establish a marriage regime appropriate for you.
Prenuptial agreement
The most common type of marriage agreement is the establishment of a property separation regime between spouses. Property separation is based on the fact that the spouses do not have joint property. Property separation may arise by:
- way of an agreement concluded between the spouses (in the form of a notarial deed),
- a court decision introducing a compulsory property separation regime,
- operation of law, when one of the spouses has been legally incapacitated or declared bankrupt, and in the event of separation.
The prenuptial agreement may be concluded before or during the marriage.
The services of the Law Firm include:
- advice on choosing the property regime,
- assistance in determining the law applicable to the property regime,
- drawing up the prenuptial agreement and postnuptial agreement,
- representation before the notary public at the conclusion of the prenuptial agreement,
- drawing up an application to the court for establishment for compulsory property regime,
- representation before the court in a proceeding regarding compulsory property regime,
- obtaining the consent of the court to perform activities exceeding the scope of ordinary management of the marital joint property,
- depriving a spouse of the independent management of joint property,
- representation in the separation proceeding before the court in Poland.
