What is a prenuptial agreement?
A prenuptial agreement is a legal instrument through which prospective spouses may define arrangements concerning property regimes, marriage donations, and provisions upon death.
In simple terms, it allows a couple to set out, before marriage, the rules that will govern their financial and property relations during and after the marriage.
How is it executed?
It may be executed in one of two ways:
- By Public Deed, executed before a notary;
- By declaration, made in person before a Civil Registry official.
Can it be altered or revoked?
Before marriage It is freely modifiable or revocable, provided all parties give their consent.
After marriage As a rule, the content and the chosen property regime cannot be altered. Only in exceptional cases, and through specific judicial proceedings, may certain property regimes be changed.
Does it have an expiration date?
Yes. If the marriage is not celebrated within one year, or if it is later declared null or annulled, the prenuptial agreement becomes void and ceases to have effect.
Is it mandatory?
In most cases, it is optional. However, in marriages between Portuguese nationals and foreign citizens, the Civil Registry may require a written prenuptial agreement, following the guidelines of the Institute of Registries and Notaries (IRN).
Its usual purpose is to clarify which national law (Portuguese law or that of the foreign spouse’s country) will govern the marriage.