Marital property agreements

TYPES OF AGREEMENTS:

1) pre-marital (pre-nuptial)
2) exclusion of the marital joint estate (marital property agreement for the establishment of a separate marital property)
3) restriction of a joint marital estate
4) establishment of a separate marital property with distributive award
5) expansion of joint marital estate

Prior to the performance of the act the Notary should be provided with the following details:

• details of Spouses, i.e.: given names, surnames, parents’ given names, series and number of the identification document, PESEL, NIP, marital status, place of residence,
• specification of the current marital property system applicable to Spouses,
• if the intention is to limit the joint property estate – identification of items which are to be excluded from the joint property,
• if the intention is to expand the joint marital estate – identification of items which are to be included in the joint property,
• if the intention is to enter into a pre-nuptial agreement – indication of the planned date of entering into marriage,

Documents required for the conclusion of the marital property agreement:

• short copy of the marriage certificate (does not apply to pre-nuptial agreement)

Marital property agreement may be amended or terminated (form of a notarial deed is required). In the event of termination during the marriage, the parties shall have a joint marital estate, unless the parties have agreed otherwise.