Legal Updates

It is not possible to postpone applicability of a prenuptial agreement of “common-law” couple, for a period after their marriage

November 9, 2023

A “common-law marriage” couple executed a prenuptial agreement two years before their marriage.

The Court rejected the motion to enforce the agreement and stated that the agreement expired with the couple's marriage. As a rule, it is not possible to approve a prenuptial agreement concluded between the parties before their marriage and the resource balance arrangement established by law regarding married couples - will apply. The exception to this is when the parties are on the eve of their marriage, then the agreement can be approved as a prenuptial agreement with a condition precedent, which goes into effect soon after with the impending marriage. Here, not only that at the time of signing the agreement, the parties were not on the eve of their marriage or had even set their minds to marry, but objectively, at the time of signing the agreement, there was no real possibility of marriage between them in the foreseeable future. Therefore, the provision in the agreement postponing its entery into effect until the date they get married has no effect.