Marriage without financial uncertainties: Why and how to conclude a prenuptial agreement

Author of the article: Mgr. Vendula Růžková, LL.M., MBA, ARROWS (office@arws.cz, +420 245 007 740)

Plánujete svatbu, ale zároveň chcete mít jistotu, že váš majetek zůstane ochráněn? Předmanželská smlouva je ideálním nástrojem, jak předem upravit majetkové poměry a vyhnout se zbytečným konfliktům. Tento dokument vám umožní vstoupit do manželství s klidem a bez obav o budoucnost vašeho majetku. Jak předmanželskou smlouvu uzavřít a proč byste o ní měli uvažovat? Pojďme se na to podívat podrobněji.

Why a prenuptial agreement is important

A prenuptial agreement is not just for those who have extensive assets or are in business. It is a practical tool that can be used by anyone who wants to have clarity on property issues. The agreement allows you to specify exactly what will be part of the community property (SJM) and what will not. This will prevent any disputes in the future, which can be not only financially costly but also emotionally draining.

What can a prenuptial agreement specifically look like?

1. Separate assets

In the prenuptial agreement, the partners can agree that they will each keep their assets separate even after marriage. This means that anything one of them earns or acquires stays his or hers. For example:

"Property acquired by each spouse before and after marriage remains the sole property of the spouse who acquired it."

Why address this:

This option is often appropriate if one spouse runs a business and doesn't want to risk putting the other's assets at risk from any debts or business liabilities.

2.

The spouses can adjust what will (or will not) be included in the community property. For example, it can be written into the contract that the community property will not include an apartment that one of the spouses has inherited, or, conversely, that it will include a business that one of the spouses owned before the marriage.

"The matrimonial property shall also include real estate acquired by the spouse before the marriage, located at the address..."

Why address this:

This arrangement helps, for example, in situations where spouses want to be equal in property, even if one of them enters the marriage with more property.

Do you think a prenuptial agreement isn't romantic? On the contrary! It is a sign of responsibility and care for the future of both of you. By entering into such an agreement, you are showing that you are prepared for any situation that may arise.

How to make a prenuptial agreement - step by step

1. Consult a professional

The first step is to consult a lawyer or notary. They will explain your legal options, answer your questions and prepare a draft agreement to suit your needs. It is important that the contract is drawn up in accordance with the law and must therefore be concluded in the form of a notarial deed (Article 716 of the Civil Code).

2. Open communication with the partner

Talk openly with your partner before embarking on the formal process. Together, discuss issues that may affect you in the future. For example:

• How will you manage joint finances?
• How will you deal with any debts?
• How will one of you protect your assets or business?

This step is crucial because it helps prevent misunderstandings and builds mutual trust.

3. Verification and notarisation of the contract

A notary is an essential part of the process. Not only will he or she notarize the contract, but he or she will also ensure that its contents comply with the law. It is possible to amend the contract in the future if both partners agree. Again, however, the amendment must be made in the form of a notarial deed (Section 717 of the Civil Code).

Tips for concluding a prenuptial agreement

• Don't put it off until 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 your ideals.

The most common myths about prenuptial agreements

• "Prenuptial agreements are only for the rich."
• In fact, it can protect even small savings or assets you acquire in the future.
• "My partner won't trust me."
• A well-drafted agreement, on the other hand, strengthens the relationship because it allows you to resolve sensitive issues up front and avoid disputes later.
• "The contract cannot be changed."
• If the situation changes, the contract can be modified. However, modification requires the consent of both parties and a notarial deed (Article 717 of the Civil Code).

Conclusion

Concluding a prenuptial agreement is one way to ensure a peaceful and secure marriage. If you want to be clear on property issues and avoid future complications, do not hesitate to contact a professional. Secure your interests and protect what matters to you. A prenuptial agreement can be the key to both financial stability and a harmonious relationship.