3 How can the spouses arrange their property regime?
3.1. Which provisions can be modified by a contract and which cannot? Which matrimonial property regimes may be chosen?
The deferred community of property is the applicable matrimonial property regime. There is no alternative regime which the parties may agree to apply. However, spouses or prospective spouses may draw up a marriage contract. This contract does not change the ownership situation; it only changes the property nature of marital property or separate property (ÄktB Chapter 7). There are also special family law contracts that are regulated by law, for example concerning gifts between spouses (ÄktB Chapter 8 and Act (1936:83)) and concerning division of property during marriage (ÄktB 9:1 and 9:2). Registration is required in both cases. Spouses may also conclude a preliminary agreement on the division of property at an imminent divorce (ÄktB 9:13).
3.2. What are the formal requirements and who should I contact?
The marriage contract shall be in writing and filed with the Swedish Tax Agency (ÄktB 7:3).
3.3. When may the contract be concluded and when does it come into effect?
The marriage contract may be concluded prior to or during the marriage. Registration of such contracts is always required. In the first case the contract comes into effect at the time the marriage is celebrated, in the second case it takes effect when it is registered.
3.4. May an existing contract be modified by the spouses? If so, under what conditions?
By means of a new marriage contract, the spouses may change property from separate to marital or vice versa. The same formal requirements apply.
