Portugal Made Easy: Prenuptial Agreement
Although not a very romantic definition, a marriage is essentially a contract between two people. Knowing this, it’s important to define its rules beforehand, which tends to be done in a Prenuptial Agreement. Keep reading to find out exactly what a Prenuptial Agreement is, and what can be done with it in Portugal!
You can also check out our other posts on this topic to learn about the preliminary process of marriage and learn the differences between each marital property regime.
What is a Prenuptial Agreement in Portugal?
A Prenuptial Agreement is an accessory contract to the marriage. It isn’t mandatory, but it must be celebrated if the couple wishes to choose a Property Regime other than Joint Ownership of Property Acquired after Marriage (if you want to understand the Property Regimes available in Portugal, check out our other post!).
The Prenuptial Agreement must be signed by the couple, before marriage, and at a Notary or Civil Registry’s office, to guarantee both are signing willingly and that they agree to the written terms.
What does a Prenuptial Agreement contain?
- The primary purpose of a Prenuptial Agreement is to define the Property Regime, but it can also contain other rules that the couple agrees upon, such as guidelines for family life, definition of alimony in case of divorce, identification of the owner of a certain asset and inheritances.
- Apart from the three main Property Regimes available in Portugal, the couple can create a custom regime. This custom regime can be new or a mix of the existing ones, so long as they maintain the mandatory rules. No rule outside the scope of the Law can be registered in a Prenuptial Agreement.
- It is also possible to conclude a Prenuptial Agreement on term or condition, meaning that it can be agreed that a certain regime will apply to the first years of marriage, and afterwards a different one will be in effect.
What is the validity of a Prenuptial Agreement?
The Prenuptial Agreement is subject to a one-year expiry date; this means that the couple has one year to celebrate the marriage after signing the Prenuptial Agreement. After that, the document is valid for the duration of the marriage, ceasing if there is a divorce or if, for some reason, the marriage is annulled.
Can a Prenuptial Agreement be revoked?
The Prenuptial Agreement is a legally binding document. This implies that, if one of the parties is not complying with the agreement, the other is entitled to initiate legal action and demand compensation. Also, like any other contract, this agreement can be annulled by presenting an alternative document of equal legal validity, signed by both parties, and expressing the desire to terminate the obligations of the Prenuptial Agreement.
Both the Property Regime and the Prenuptial Agreement cannot be changed after celebrating the marriage, but there are exceptions. For example, if one of the parties is at risk of losing their assets due to bad management from the other party.
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