Prenuptial and postnuptial agreements in Sweden: how an äktenskapsförord works

Talking about money before a wedding can feel unromantic, but it is one of the kindest things a couple can do for each other. Many people are surprised by how Swedish law divides property when a marriage ends — especially couples who come from countries where each spouse simply keeps what they own. This guide explains the default rules and how an äktenskapsförord, Sweden's version of a prenuptial or postnuptial agreement, changes them.

What happens without an agreement

Under the Marriage Code (äktenskapsbalken) each spouse owns and manages their own property during the marriage. The sharing happens when the marriage ends — by divorce or by death — through a property division (bodelning).

In a property division, everything that is marital property (giftorättsgods) is counted. That is, as a rule, everything you both own: homes, savings, cars, shares and property from before the marriage. Each spouse first keeps enough to cover their own debts. What remains is added together and split equally.

A simple example

Anna owns an apartment worth 3,000,000 kronor, free of debt, which she bought before the marriage. Ravi has 200,000 kronor in savings. Without an äktenskapsförord, their marital property totals 3,200,000 kronor and each is entitled to 1,600,000. Anna would have to transfer 1,400,000 kronor in value to Ravi — even though she owned the apartment long before they met.

Some property is outside the division even without an agreement, for example property received as a gift or inheritance with the condition that it should be the recipient's separate property. But unless such a condition was written, gifts and inheritances are also shared.

What an äktenskapsförord can do

An äktenskapsförord decides which property is separate property. You can, for example:

• Make specific assets separate — an apartment, a house, a company, a share portfolio.
• Make all property of both spouses separate, so that nothing is shared ("total separate property").
• Cover future assets, such as a future inheritance or shares in a business you are building.
• Decide whether the income from separate property (rent, dividends) should also be separate. If you say nothing, that income is marital property.
• Change separate property back to marital property later, with a new äktenskapsförord.

Property that replaces separate property — for example a new apartment bought with money from selling a separate one — remains separate, unless you have agreed otherwise.

An äktenskapsförord cannot decide custody of children, child support, or who inherits you. Those questions have their own rules.

Before or during the marriage: prenup or postnup

In Swedish law there is no separate "postnup". The same document — an äktenskapsförord — can be signed by future spouses or by spouses who are already married. The difference is when it starts to apply:

Common reasons to sign during the marriage: one of you is buying a home or starting a business, expecting a large inheritance, or the couple has moved to Sweden and discovered that Swedish rules now apply to them.

How to make it valid

1. In writing. The agreement must be a written document.
2. Signed by both spouses (or future spouses).
3. Registered with Skatteverket. You send the original to Skatteverket's marriage register and pay a fee, currently 275 kronor. An agreement that is not registered does not work as an äktenskapsförord.

Skatteverket only checks the form. It does not check whether the content is legally sound or does what you intended. Vague wording — "the house is mine", "everything we had before" — is a common source of disputes years later. Describe the property precisely, state what happens to income and replacement property, and think about how the agreement should work if you have children or one of you stays at home.

Gifts between spouses are a related trap: as a rule, a gift from one spouse to the other must also be registered with Skatteverket to be valid against the giver's creditors.

When a court can adjust it

An äktenskapsförord is binding, but not untouchable. If a term is unreasonable considering the content of the agreement, the circumstances when it was made, later changes and the circumstances in general, a court can adjust it or set it aside in the property division. An agreement signed in a hurry the week before the wedding, or one that leaves a spouse who stayed home with the children with almost nothing after a long marriage, is at greater risk. Balanced terms and good documentation make the agreement stronger.

If you are sambo, not married

Unmarried partners cannot sign an äktenskapsförord. Under the Cohabitees Act (sambolagen), only the joint home and household goods bought for joint use are divided when sambo partners separate — not savings, cars or a home one partner owned before. If you want to exclude even that division, you can sign a cohabitation agreement (samboavtal). It does not have to be registered.

Moving apart from a sambo? Our free tool Bond gives you a first assessment of what you are entitled to.

International couples: which country's law applies?

For couples who married on or after 29 January 2019, the EU regulation on matrimonial property regimes applies in Sweden. As a rule, the law of the country where you first had your common habitual residence after the wedding governs your property. You can also choose the applicable law in a written agreement — the law of a country where one of you lives, or of which one of you is a citizen. For earlier marriages, older Swedish rules apply, and a move to Sweden can over time mean that Swedish law applies to your property.

This is where many couples get a surprise. In many countries — India among them — spouses in principle keep their own property, and prenuptial agreements are not routinely enforced. A couple married in India who settle in Sweden may find that Swedish 50/50 rules now apply to everything they own, including property in India.

If you already have an agreement from another country, have it reviewed. It may be valid in Sweden, but whether it is depends on the applicable law and its form. Often the safest route is a Swedish äktenskapsförord, possibly combined with a choice of law.

Prenups, death and inheritance

A property division also takes place when a spouse dies, and an äktenskapsförord applies then too. That is important to think through. Total separate property can mean that the surviving spouse gets far less than the couple intended — for example if most assets are in the name of the spouse who dies first.

An äktenskapsförord does not decide inheritance. If you want to protect your spouse, provide for children from a previous relationship, or keep property in the family, combine the agreement with a will. Our guide to wills and guardianship in Sweden explains how.

Checklist before you sign

• List what each of you owns and owes today, and what you expect to receive (inheritance, company shares).
• Decide what should be separate, and what should happen to income and replacement property.
• Think about how it should work on death as well as on divorce — and whether you need a will too.
• If you are an international couple, check which country's law applies, and whether to choose one.
• Sign in good time, not the night before the wedding.
• Register with Skatteverket — within one month of the wedding if you sign before.
• Review the agreement when life changes: children, a new home, a move abroad.

This article is general information about Swedish law as of Tuesday 18 August 2026. It is not legal advice for your specific situation — every family is different, so talk to a lawyer before you act.