In Finland, all assets acquired by spouses before and during marriage are considered marital property and are subject to an equal division upon divorce. This includes assets held individually.

A prenuptial agreement allows couples to deviate from this principle. It is a binding contract that specifies which assets will be excluded from the marital property and thus excluded from the division.

There are several reasons to choose a prenuptial agreement:

• If one or both partners bring significant assets into the marriage (e.g., a business, real estate, inheritance), a prenuptial agreement can ensure these assets remain individual property.

• You can specify that any future inheritances or gifts received during the marriage remain the individual property of the recipient.

• If one spouse owns a business, a prenuptial agreement can safeguard its future in case of divorce, preventing a potential disruption to its operations.

• By clearly defining property rights beforehand, a prenuptial agreement can significantly reduce the likelihood of costly and emotionally draining disputes during a divorce.

• It offers both parties a clear understanding of their financial rights and obligations, fostering a sense of security.

To be valid under Finnish law, a prenuptial agreement must meet specific requirements. It must be in writing, and signed by both parties. The signatures must be attested by two impartial witnesses who are at least 15 years old. The witnesses must be present at the same time as the signing. The agreement must be registered with the Digital and Population Data Services Agency (Digi- ja väestötietovirasto) to be effective. Without registration, it is not valid.

A prenuptial agreement in Finland cannot regulate matters concerning child custody, visitation rights, or child support. These are always determined based on the child's best interests. While it can impact the division of assets, it cannot waive or significantly limit a spouse's right to maintenance (alimony) if one spouse is in need after divorce. A prenuptial agreement can be deemed invalid or adjusted by a court if its terms are considered manifestly unreasonable or unfair, especially if there has been a significant change in circumstances or one party was coerced.

Deciding whether to enter into a prenuptial agreement is a personal choice. It's about planning and protecting your financial well-being.

It is recommended to seek professional legal advice when considering a prenuptial agreement in Finland. A lawyer can ensure that your agreement is legally sound, tailored to your specific needs, and meets all the necessary requirements.

toimisto@lexcivilis.fi