Prenuptial agreement (avioehto)

Without a prenuptial agreement (avioehto), each spouse has a marital right to the other’s property. In practice this means that in a divorce, or in the division of property after death, the net wealth of both is added together and split in half. The one who owns more pays the other an equalisation payment (tasinko). The home, savings, and investments all count here regardless of whose name they are in.

A prenuptial agreement changes this. With it you can agree that there is no marital right at all, that it covers only part of the property, or that it applies only one way. For example, a home bought before the marriage, or an inheritance received by one spouse, can be set aside as that person’s own property, so it does not have to be divided.

A prenuptial agreement must be made in writing, dated, and signed, and two unbiased witnesses must confirm it. The agreement takes effect only once it is registered with the Digital and Population Data Services Agency (DVV). The registration is not done at the district court. You can make a prenuptial agreement before or during the marriage, and you can later change or cancel it with a new registered agreement.

If you are buying a home together, think about who finances what and whether you want to protect property built up before the marriage. A prenuptial agreement covers only the marital right to property in the division. It does not divide debts and does not decide who the home belongs to in a divorce. In a cohabiting relationship (avoliitto) there is no marital right at all, so the situation is different.