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Types of marital property agreements (prenuptial agreement) are as follows:
Agreement on expanding statutory community property
By this agreement, the spouses bring into the statutory community property the rights that were owned by them individually and did not belong to the community property (e.g. a flat bought before marriage or received from parents as a donation).
Agreement on introducing separate property regime
In the event of contractual separation of property, each of the spouses retains both the property acquired before the conclusion of the agreement and the property acquired later.
Each of the spouses manages their property independently.
Agreement on introducing separate property regime with compensation for accrual
The accrual falling to each of the spouses is equal to the increase in the value of this spouse’s property after the execution of the marital property agreement. In the event of divorce, a spouse whose accrual is smaller than the accrual of the other spouse may request compensation for the accrual by payment or transfer of rights. In the event of the death of one of the spouses, the accrual compensation made between his or her heirs and the surviving spouse.
The required documents and information:
- Details of the parties to the agreement
- Abridged copy of the marriage certificate (if the agreement is made after marriage conclusion)
A notary fee is PLN 400 nett / 492 gross if the deed is in Polish
For bilingual version fee is 600 nett/ 738 gross
costs of an extract from the deed of PLN 6 net / 7.38 gross per page
the notary sends one extract of the deed to a tax office