Marriage Without Financial Uncertainty
Why and How to Enter into a Prenuptial Agreement
A prenuptial agreement allows couples to arrange their property regime in advance and reduce the risk of disputes or business debts affecting family assets. For example, they may agree on separate property or define how a company share will be owned. The article explains the available marital property arrangements, the requirement for a notarial deed and how the agreement can later be amended.
Key takeaways
What can a prenuptial agreement specifically look like?
1. Separate property
Partners can agree in the agreement that even after marriage, each will keep their property separate. This means that everything one of them earns or acquires remains solely theirs. For example:
“Property acquired by each spouse before and after the marriage remains the exclusive property of the spouse who acquired it.”
Why consider this:
This option is often suitable if one of the partners is a business owner and does not want to risk potential debts or business liabilities jeopardising the other's assets.
2. Expanding or narrowing the community property
Spouses can modify what will (or will not) be included in their community property. For example, the agreement can state that an apartment inherited by one spouse will not be part of the community property, or conversely, that a company owned by one spouse before the marriage will be included.
“The community property of the spouses shall also include the real estate acquired by the husband before the marriage, located at the address…”
Why consider this:
Such an arrangement is helpful, for example, in situations where spouses want to be equal in assets, even if one of them enters the marriage with more property.
Do you think a prenuptial agreement is unromantic? On the contrary! It is an expression of responsibility and care for your future together. By entering into such an agreement, you show that you are prepared for any situations that may arise.
How to conclude a prenuptial agreement – step by step
1. Consultation with an expert
The first step is a consultation with a lawyer or a notary. They will explain your legal options, answer your questions, and prepare a draft agreement tailored to your needs. It is important that the agreement is drafted in accordance with the law, and therefore it must be concluded in the form of a notarial deed (Section 716 of the Czech Civil Code).
2. Open communication with your partner
Before you begin the formal process, have an open conversation with your partner. Discuss together the issues that may affect you in the future. For example:
How will you manage your joint finances?
How will you handle any potential debts?
How will the assets or business of one of you be protected?
This step is crucial as it helps prevent misunderstandings and strengthens mutual trust.
3. Notarisation and conclusion of the agreement by a notary
A notary is an essential part of the process. Not only will they draw up the agreement in the form of a notarial deed, but they will also ensure that its content complies with legal regulations. The agreement can be amended in the future if both partners agree. However, the amendment must again be made in the form of a notarial deed (Section 717 of the Czech Civil Code).
Tips for concluding a prenuptial agreement
Don't leave it to the last minute: It is recommended to start the process several months before the wedding.
Think about the future: Even if everything seems clear now, life brings unexpected situations. Think about different scenarios.
Be realistic: A prenuptial agreement should reflect your actual needs and situation, not idealised notions.
Risk and potential problems | How ARROWS helps |
Family assets at risk from business debts | We will propose and prepare a separate property regime that reliably protects the other partner's assets and savings from business risks and debts. |
Disputes over pre-marital property and inheritance | We will draft precise arrangements for narrowing or expanding the SJM (including property acquired before marriage or inheritance) exactly according to your individual needs. |
Invalidity of the agreement due to formal or content errors | We will fully manage the legal preparation of the agreement in accordance with the Czech Civil Code and coordinate its execution with a notary, eliminating the risk of legal defects. |
Taboo subject and fears of undermining trust | We provide objective and sensitive consultation, help you set balanced conditions for both partners, and approach the topic constructively as an expression of care for the future. |
The most common myths about prenuptial agreements
“A prenuptial agreement is only for the rich.”
In reality, it can also protect small savings or assets that you will acquire in the future.“My partner won't trust me.”
On the contrary, a well-drafted agreement strengthens the relationship because it allows sensitive issues to be resolved in advance and prevents later disputes.“The agreement cannot be changed.”
If the situation changes, the agreement can be modified. However, any change requires the consent of both parties and a notarial deed (Section 717 of the Czech Civil Code).
Conclusion
Concluding a prenuptial agreement is one way to ensure a peaceful and secure marriage. If you want clarity on property matters and to avoid future complications, do not hesitate to contact an expert. Secure your interests and protect what matters to you. A prenuptial agreement can be the key to financial stability and a harmonious relationship.
About the author
Disclaimer:
The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 350,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.