Prenuptial agreement (matrimonial property contract)

A prenuptial agreement is the contract by which spouses or engaged couples determine the regime governing their property. Its legal form is the matrimonial property contract, and the choice is limited to the regimes listed by statute: separation of property, shared separation of property and community of property.

The contract is executed before a notary by way of an official deed or certification, and the regime may also be chosen by written declaration when applying to marry. It may be concluded before or at any time during the marriage, but a choice made during marriage does not in principle operate retroactively, leaving assets acquired until then under the previous regime.

Contrary to popular belief, maintenance and custody cannot be regulated in this contract; its content is confined to the property regime. Professionals and company owners often opt for separation of property to shield the business from divorce liquidation, while in every marriage without a contract the statutory regime applies automatically.