Table of Contents
Separate property allows one to protect against a spouse's debts, which is why it is becoming increasingly popular. It can be established both before and after marriage. However, for a prenuptial agreement to be valid, mutual consent of the spouses is necessary. By signing such a document, one agrees that from that moment on, what is acquired will no longer be joint. In the following article, we explain what a prenuptial agreement is, why it is signed, whether it is worth it, and when and where it should be done!
The term "prenuptial agreement" is not found in Polish family law. It is colloquial terminology that actually refers to a marital property agreement. If you have encountered this before, you surely know that it regulates the property relations between two spouses in a completely different way than the statutory regime, which imposes joint property. A prenuptial agreement allows for early regulation of property relations. It is often a way to protect against assuming potential debts of the other person.
As you know, a prenuptial agreement is a contract between spouses. It is usually assumed that it is signed before entering into marriage. However, separate property after marriage is equally often signed during the marriage. It has future effects and can be effective from the date of conclusion or a specified date. This is the case when a postnuptial agreement is drafted. If it is signed before marriage, then the effective date becomes the date of marriage, unless a starting date is specified in the agreement.
You should know that even if you decide to sign a prenuptial agreement, you can change or terminate it at any time. Often, when signing a marital property agreement, inheritance matters are also regulated.
Separate property, whether established after marriage or before, is drafted by a notary or in a law office in the form of a notarial deed. Such an agreement confirms that each spouse has their own separate property. As you know, a prenuptial agreement is drafted either after or before marriage. In the latter case, if the marriage is not concluded, the document is invalid. The average cost of such an agreement is 400 PLN, with additional fees for entries.
Sometimes, retroactive establishment of separate property is made, but this can be done by the court. As a spouse, you have the option to file such a lawsuit. However, only exceptional reasons are considered. One such reason might be a prolonged separation from a close one or a divorce case that has been ongoing for years. A postnuptial agreement requires the consent of both spouses, whereas the mentioned court ruling on separate property can occur without the consent of both parties.
Separate property after marriage is as common as a prenuptial agreement before or during marriage. If you are considering signing such a document, it is worth knowing that the cost of drafting it depends on the value of the joint property. The cost range can vary from 100 PLN to even 10,000 PLN. These matters are regulated by the Regulation of the Minister of Justice. More details can be obtained, among others, in a law office.
Importantly, a postnuptial agreement is possible with the consent of both parties. If you wish to sign it without the other party's consent, you must file an appropriate lawsuit. Regardless of the circumstances, it is crucial to determine what constitutes personal property. This will help avoid many disputes. Signing the agreement is particularly recommended for individuals running their own business. It allows for securing part of the property and protecting against poor decisions by the other party.
A spouse's debts are often a problematic issue. The question remains, how to protect against them? To effectively protect against this, both before entering into marriage and at a later stage of the marriage, the only way is a prenuptial agreement. You must know that the effective date of the notarial deed is significant. A prenuptial agreement is a good solution because from the beginning, it ensures that property matters are regulated and nothing will surprise you. After signing separate property, each party is responsible for their own obligations. As a spouse, you can make decisions regarding your property independently. You are not responsible for the actions of your wife or husband. Separate property also contributes to maintaining a positive credit rating.
You must know that as a spouse, you are not responsible for all debts, i.e., obligations, of your spouse if they arose before entering into marriage. A postnuptial agreement applies to property acquired after that time, and the same applies to debts. It is different with a prenuptial agreement. In any situation, it is worth remembering that after concluding the agreement, the right to joint tax filing is lost.
A prenuptial agreement, whether before or after marriage, cannot be drafted on a simple piece of paper between the parties. For it to have legal force, it must be drafted by a notary; otherwise, it will not be valid. Each party must have the capacity to perform legal acts. Importantly, each must also consent to the prenuptial agreement. The document is drafted in a law office or where the notary works.
To establish separate property, the presence of both parties is necessary. If a prenuptial agreement is drafted, identity documents of both parties are required. If the parties are married, a short-form marriage certificate is also necessary. Importantly, such documents are only concluded in the presence of a notary, in an office you trust.
Related articles:
Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.
I highly recommend the Haber&Haber Law Firm and collaboration with Counsel Błażej Haber. Professionalism, diligence, and high personal culture assured me that I was in the right place. I wish to express my heartfelt gratitude for the empathy and humane approach to the client. In a word, a wonderful person.
I highly recommend 100%! This is undoubtedly one of the best attorneys. He addressed my issue immediately despite the limited time before the proceedings. The time of day for consultations was irrelevant. The case was concluded in the manner we had agreed upon. I advise others not to hesitate to call and discuss their situation.
