# prenuptial agreement



## jancho

Hello.

How would you say "prenuptial agreement" in Finnish?

It is an agreement man and woman can officially make before their wedding, about what will happen with money and property if they would divorce.

example of use: We filled the prenuptial agreement to be sure what will happen with our money if we would get divorced.

(I am not looking for translating this example, I am looking for translating the term itself)

no suggestion

Thank you.


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## Hakro

The correct term is _avioehtosopimus_ or shortly _avioehto_, although my dictionary gives the English translation "marriage settlement".


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## dinji

In our system we have two different instruments that have different legal effects and tax consequences.

1) You may make an _avioehto_ to define which property will NOT be subject to so called _avio-oikeus_ (marital property right) but will be exempted from so called _ositus_ (division of property) alltogether. This property will be treated as if no marriage would ever have occured and if such property is shifting owners in the divorce, so called tax on gifts/grants has to be paid. An _avioehto_ may be entered also during the marriage, even just before the divorce, but it has to be registered with the authorities (_maistraatti_) as a public act to gain legal force before the divorce. It may concern all property or any specified share of the property.

2) An agreement on the division of property _sopimus avioeron varalle _may also be entered between the parties as a civil law agreement. No registration is required and the property will as a result not be exempted from the _ositus_. If the agreement results in a very uneven division of properties subject to the process of _ositus_, this might lead to tax on gifts/grants as well, because the fiscus by default supposes a 50/50 division of any property not exempted by means of an _avioehto_.


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