In the Czech Republic, the prenuptial agreement still has the reputation of a document for the rich and the distrustful. The reality is different. It is a practical and responsible tool that can save an enormous amount of stress, money and time, especially where one partner runs a business, owns property or has international family ties. In this article I explain how a prenuptial agreement works under Czech law, when it makes sense and how it is drawn up.
What Is Community Property of Spouses (SJM)?
To understand the point of a prenuptial agreement, you first need to know what SJM is. Community property of spouses (společné jmění manželů) is the statutory matrimonial property regime that arises automatically upon marriage. SJM includes everything the spouses acquire during the marriage: income from employment and business, purchased property, household furnishings, investments, but also debts. Excluded are assets a spouse owned before the marriage, inheritances and gifts, items serving the personal needs of one spouse, and compensation for non-material harm (Section 709 of the Civil Code).
On divorce, the SJM must be settled. If the spouses cannot agree, a court decides, which can be a lengthy and costly process. If, within three years of the SJM ceasing to exist, there is neither a settlement agreement nor an application to the court, an irrebuttable presumption applies (Section 741 of the Civil Code): movable items used exclusively by one spouse go to that spouse, other movables and immovables pass into co-ownership in equal shares, and other rights and debts belong to both in equal shares.
When Does a Prenuptial Agreement Make Sense?
Business Owners and Company Directors
If one partner runs a business, whether as a sole trader or as a shareholder in an s.r.o., a prenuptial agreement protects the other partner from business debts and at the same time protects the business from claims in the event of divorce. Without an agreement, a share in an s.r.o. may fall within the SJM, which complicates the running of the company on divorce.
Property Owners
If one partner owns property before the wedding, it remains their separate property, but income from it (rent) and investments in it (a renovation financed from joint funds) may already fall within the SJM. A prenuptial agreement settles this clearly.
Inheritance and Family Wealth
If one partner expects an inheritance, a prenuptial agreement can regulate how the inherited assets are dealt with. An inheritance itself does not fall within the SJM by law, but the income it generates does. In practice, inherited funds often get mixed with joint funds, after which they are almost impossible to separate.
Partners with Markedly Different Incomes
Where one partner earns considerably more, a prenuptial agreement can be a fair tool for regulating property relations. The aim is not to disadvantage one partner but the opposite: to set clear rules both agree to while they still love each other and can negotiate rationally.
What a Prenuptial Agreement Can Regulate
The Civil Code (Act No. 89/2012 Coll., Section 717) offers spouses four alternatives to the statutory SJM regime. First, separation of property: each spouse keeps everything they acquire as separate property. Second, a regime under which the SJM arises only on the day the marriage ends. Third, extension of the SJM: assets that would otherwise remain separate (for example an inheritance) are included. Fourth, narrowing of the SJM: certain items (for example business income or a specific property) are excluded from the community property. The most common in practice are narrowing of the SJM and separation of property.
The agreement may also contain specific provisions on the management of joint property, for example who may dispose of real estate, who manages the bank accounts or how larger expenses are handled. What the agreement cannot do: it must not prejudice the rights of third parties (creditors in particular), it cannot waive future maintenance obligations, and it does not concern child custody, which a court always decides in the event of divorce.
Cross-Border Marriages: Czechia and Austria
For Czech-Austrian couples the situation is more complex, because Austrian law has a different statutory regime. In Austria the default is separation of property (Gütertrennung), the opposite of the Czech SJM: on divorce each spouse keeps their own assets, but the marital assets and savings are divided in court-supervised proceedings (Aufteilungsverfahren).
If a couple has Czech-Austrian ties, it is essential to specify in the agreement which law governs their property relations. Council Regulation (EU) 2016/1103 on matrimonial property regimes (adopted under enhanced cooperation) applies in both the Czech Republic and Austria to marriages concluded on or after 29 January 2019; for earlier marriages, national conflict-of-law rules apply unless the spouses make a choice of law. Absent a choice, the property regime is governed by the law of the state of the spouses' first common habitual residence after the wedding (Article 26); a later move does not by itself change the applicable law. Spouses or future spouses may, however, choose the law of a state where at least one of them is habitually resident or of which one of them is a national (Article 22). We recommend making this choice before the wedding, in the prenuptial agreement itself, and drawing the agreement up bilingually.
How a Prenuptial Agreement Is Drawn Up
A prenuptial agreement must take the form of a public deed, i.e. a notarial deed (notářský zápis), under Section 716(2) of the Civil Code; a private document, even with certified signatures, is invalid. The process typically runs as follows. First, a consultation with a lawyer, at which both partners explain their financial situation and expectations. The lawyer proposes a suitable regime and prepares a draft. Both partners review the draft and may propose changes. The final version is executed by a notary as a notarial deed.
If so agreed in the contract, or at the request of both spouses, the notary registers the agreement in the public List of Deeds on Matrimonial Property Regimes kept by the Notarial Chamber of the Czech Republic. Only upon registration can the agreement be relied on against third parties (creditors, banks) even if they did not know its content, which is why we recommend it. Where the agreement concerns real estate, it takes effect against third parties upon registration in the land registry.
Costs
The notary's fee is set by the notarial tariff (Decree No. 196/2001 Coll.): for an agreement not tied to specific assets (typically separation of property for the future) it is 5,000 CZK plus VAT; where specific assets such as real estate are involved, the fee is calculated from their value and is typically 5,000 to 15,000 CZK. The lawyer's fee for drafting and advice is agreed individually, typically 10,000 to 30,000 CZK depending on complexity. Total costs for simple cases therefore start at around 15,000 CZK; cross-border agreements with a choice of law may cost more.
Myths About Prenuptial Agreements
The first and most widespread myth is that a prenuptial agreement signals distrust. In fact it signals responsibility, much like insurance. Another myth is that the agreement protects only the wealthier partner. A well-drafted agreement protects both, including the economically weaker one, because it clearly defines their rights. The third myth is that the agreement cannot be changed. Not true: spouses may change their property regime at any time during the marriage by a further agreement in notarial form. The fourth myth is that courts ignore the agreement on divorce anyway. Czech courts respect valid agreements that meet the statutory requirements.
When Is It Too Late?
A prenuptial agreement can be concluded at any time before the wedding. But note: the same agreement (an agreement on the matrimonial property regime) can also be concluded by spouses during the marriage. So if you married without one and are now finding you need it, it is not too late.
How We Can Help
Mgr. Barbora Surmanová, attorney-at-law registered with the Czech Bar Association (reg. no. 13930), specialises in family and property law and has practised as an attorney since 2006. We will help you assess whether a prenuptial agreement suits your situation, prepare a tailored draft and guide you through the whole process, including coordination with the notary. For Czech-Austrian couples we offer bilingual drafting and familiarity with both legal systems.
Considering a prenuptial agreement? Contact us for a non-binding, confidential consultation. Find out more on our Legal Services page.
Updated August 2026.
