Is there a Need for Cohabitation Agreements/Prenup? What are Your Rights?
The answer will to a great extent depend on your marital status, whether you are cohabiting with your partner without being married, or whether you are married. If the former applies to you, the values are generally split according to the what each person owns, whilst if the latter applies to you, the values are generally equally divided.
If you want it to be divided differently you have to make a cohabitation agreement or a prenup.
Cohabitation Agreement
The intention with a cohabitation agreement is to regulate the economic relationship during the cohabitation, as well as how the fortune should be divided in a potential end to a cohabitation relationship. A cohabitation agreement must also take into consideration the determination of rights according to the Norwegian common household act (husstandsfellesskapsloven).
Prenup
A prenup is in an equivalent way a legally binding agreement between two spouses. However, in the Norwegian law on marriage, there are certain formal requirements that must be satisfied for the prenup to be valid. And for its content to have legal effect. A prenup is, as mentioned above, first and foremost necessary for the purpose of arranging the fortune between the spouses differently than what is presumed by the law – such as in these instances:
- if the spouses wish to limit the joint ownership by agreeing on separate property or forms between separate property and joint ownership.
- if the spouses wish to expand the joint ownership by limiting the right to unequal sharing of property.
- if the spouses wish to have the opportunity to split the joint ownership at any time – not only when the marriage is ended, which is the normal option.
Gifts
Additionally, a prenup must be created if the spouses give each other bigger gifts. Regardless of what formulation they have previously agreed to. To consider whether a prenup is expedient, it is naturally important to be familiar with the rules in the Norwegian marital law which applies where a prenup has not been made.
At Osloadvokatene there are dedicated lawyers working, able to assist you in all phases of your life, including before and after a a potential end to a cohabitation agreement.
Do you need legal assistance with the end of a cohabitation agreement?
Contact Osloadvokatene
by barrister Hillestad
tel 919 03 053 or email at hillestad@advokat.no
Related cases:
Public or private division in divorce (Norwegian)
What does it take to get a divorce? (Norwegian)
Compensation claims after ended cohabitation (Norwegian)