Legal Updates

A notarized prenuptial agreement executed in anticipation of marriage is valid even if the marriage took place only after a few years

June 6, 2021

A couple signed a prenuptial agreement with a notary but got married only two and a half years later.

The Court held that the financial agreement is valid even though two and a half years had passed between its execution and the marriage. A prenuptial agreement entered into before marriage can be verified by a notary public provided that the notary ensures that the spouses before him have made the agreement in free will and understand its meaning and consequences. A condition for verification authority is that the spouses have already made the decision to marry so that the verification procedure takes place on the eve of the marriage. In this case the agreement includes provisions relating to the period before and after the marriage and from it and from the conduct of the parties it can be learned that already at the time of signing the agreement the parties intended to marry, although no final and joint decision as to the manner of marriage has been made. Therefore, the prenuptial agreement is valid.