Prenuptial agreement — property separation between spouses
What is a prenuptial agreement? How property separation works, how much it costs and when it's worth signing. Definition and practical aspects.
What is a prenuptial agreement?
A prenuptial agreement (officially: matrimonial property contract) is a notarial agreement that changes the default property regime of marriage. In Poland, after marriage, community of property automatically arises — a prenuptial agreement allows you to limit, extend or replace it with separation.
Types of prenuptial agreements
Property separation
The most popular form. Each spouse manages their property separately. There is no common property — there are only two separate estates.
Property separation with equalization of assets
During marriage, separation applies, but upon divorce or death of a spouse, equalization occurs — the one who accumulated less has a claim against the one who accumulated more.
Extension of community property
Community property also includes what would normally be personal (e.g. inheritances, gifts). Used rarely.
Limitation of community property
Exclusion of specific components from community property (e.g. real estate inherited from parents).
When is it worth signing a prenuptial agreement?
- You run a business — protects family assets from business debts
- Large wealth disparity — clarity from the beginning
- Second marriage — protection of assets for children from the first relationship
- High-risk profession — doctors, lawyers, entrepreneurs
- Both want independence — separate finances, clear rules
How much does a prenuptial agreement cost?
- Before marriage: around PLN 500–800 (notarial fee + VAT)
- During marriage: the same, but requires consent of both spouses
- Court separation (without consent): several thousand PLN + time (several months)
What does a prenuptial agreement NOT protect?
- Does not release from the obligation to pay alimony
- Does not protect against execution from personal assets for joint obligations (e.g. jointly signed loan)
- Has no effect on statutory inheritance (spouse still inherits)
How Freenance can help
Regardless of the property regime, Freenance allows you to track finances separately or jointly. With property separation, each partner can have a separate dashboard, while simultaneously seeing common goals (if you decide to share them).
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