Common-law spouses drafted an agreement to regulate their property relations, which explicitly stated that it would continue to apply even if they marry.
The Supreme Court held that the prenuptial agreement will remain in effect even if the couple marry. A prenuptial agreement executed in preparation for marriage may be made before a notary public or before the Court but if an agreement is not made in preparation for marriage and the couple finally marry, a new prenuptial need be made in preparation for the marriage or thereafter. The Family Court is empowered to approve an agreement regulating property relations also when a couple is already married and also between a couple who at the time of the agreement do not have an intention to marry but set in the agreement explicitly that its provisions will continue to apply to them even if they marry and without requiring an additional approval process. The agreement will only be approved if made with free consent and after the couple has understood its meaning and consequences. Here, it is clear from the agreement between the parties that there is a possibility the two will marry in the future, and it is clarified that if so, their desire is that the agreement will continue to apply to them during the marriage phase as well. These are informed parties who chose the agreement in the format presented with a clear mind and based on ongoing cooperation between them. Therefore, their agreement, which was approved by the Family Court, will remain in effect without an additional procedure even if they marry.