Prenuptial Agreements in Sweden

How Swedish Law Treats Marital Property

Under Swedish law, and in the absence of a prenuptial agreement, all property owned by either spouse—regardless of how, when, or where it was acquired—is typically treated as marital property at the time a divorce is initiated. There is generally no exception for:

• Assets acquired before the marriage,
  
  
• Assets inherited from family members, or
  
  
• Property obtained solely through the efforts of one spouse.
  
  

Deferred Community Property Regime

Sweden follows a deferred community property regime. In practice, this means that each spouse retains ownership and control of their individual property during the marriage. However, both spouses acquire a claim known as the “right in deferred community property”, which gives each one a right to half the total value of the couple’s marital assets (including premarital assets), after subtracting debts.
Upon divorce, this value is divided equally between the spouses.

No Consideration for Contributions or Duration

Asset division under Swedish law is typically done on a 50/50 basis, regardless of:

• The length of the marriage,
  
  
• The contribution of each spouse, or
  
  
• The origin and nature of the assets.
  
  

If the spouses cannot reach an agreement, a Property Division Executor—usually a lawyer—is appointed to determine how the property will be divided.

Options for Equalization

The spouse with greater assets may choose whether to:

• Make a lump sum payment, or
  
  
• Transfer assets of equal value to the other spouse.
  

In many cases, the economically weaker spouse may take over the family home and household goods, as long as the other spouse is compensated fairly.

Appeals and Fairness Considerations

A dissatisfied spouse may appeal the Executor’s decision to the District Court. This court has limited authority to make a different ruling based on fairness, but its power is constrained, especially when both spouses entered the agreement with full awareness.

Why Prenuptial Agreements Are Essential

For international couples, prenuptial agreements are always advisable. These contracts become even more critical when:

• The spouses are from different legal systems,
  
  
• They own property overseas, or
  
  
• They reside in foreign countries.
  
  

This need is especially urgent when there is any possibility that Swedish law could govern a future divorce. Indeed, many Swedish couples choose not to marry at all due to the legal consequences. Among those who do, prenuptial agreements are extremely common.

Enforceability of Prenuptial Agreements in Sweden

Prenuptial agreements are generally enforceable in Sweden. There are no specific requirements for legal representation or formatting, but:

• The agreement must be in writing.
  
  
• It must be registered at a district court, which will then record it in a national register.
  
  

Swedish courts can override such agreements to prevent grossly unfair results, but that power is limited when both spouses understood and agreed to the terms.

Choice of Law Clauses

Spouses may include a choice-of-law provision in their agreement, selecting the legal system that will govern their property relations. This is permitted as long as:

• The chosen law belongs to a country in which at least one spouse was domiciled or held citizenship at the time of the agreement.
  (Act of 1990 on International Questions concerning Property Relations between Spouses, sec. 272, para. 3)
  
  

Default Law If No Choice Is Made

If the spouses do not include a choice-of-law clause, the prenuptial agreement will be governed by the law of the country where they were domiciled at the time of the marriage.
(Act of 1990, sec. 272, para. 4(1))

Recognition of Foreign Prenuptial Agreements

Sweden will enforce prenuptial agreements made abroad, provided they were valid under the law that governed the spouses’ property relations at the time.
(Act of 1990, sec. 272, para. 5)