Prenuptial Agreements in Poland for International Couples

A prenuptial agreement in Poland is a matrimonial property agreement under which future or current spouses choose a property regime different from the statutory marital community that would otherwise apply automatically after marriage. Where Polish law applies, the agreement must be executed in the form of a notarial deed to be valid [1].

For international couples, a prenuptial agreement may be an important risk-management instrument. It can protect business assets, clarify responsibility for debts, support succession planning and reduce uncertainty, including in a later division of marital property, if a relationship ends or one spouse faces financial difficulties. Its effect, however, depends on the chosen regime, the applicable law and the circumstances in which third parties, including creditors, became aware of the agreement.

Prenuptial agreements in Poland: available marital property regimes

Without a matrimonial agreement, statutory community property arises by operation of law on the date of marriage under Article 31 of the Family and Guardianship Code [1]. Assets acquired during marriage by either or both spouses usually become joint property, while assets owned before marriage and certain categories specified by law remain personal property.

Article 47 section 1 of the Polish Family and Guardianship Code allows spouses, and future spouses before the wedding, to modify this default position [1]. A notarial deed may:

• extend statutory community property;
• limit statutory community property;
• introduce separation of property; or
• introduce separation of property with equalisation of accrued gains.

For many international clients, separation of property is the most practical solution. Under this regime, each spouse retains ownership of assets acquired both before and after the agreement and manages them independently. This may be particularly relevant where one spouse owns shares in a Polish company, holds real estate, operates a business or faces professional liability risks.

Separation of property notarial deed and business protection

A separation of property notarial deed does not automatically shield a business from every claim. It establishes that each spouse has separate estates, but lenders, suppliers and public authorities may still assess liability based on the relevant contract, guarantee, tax obligation or statutory rule.

For a prenup for business owners in Poland, the agreement should be coordinated with corporate documentation, financing arrangements and succession plans. If a spouse is a shareholder, management board member or sole trader, the legal review should address, among other matters:

• ownership of shares and rules for their transfer;
• personal guarantees granted to banks or commercial partners;
• security over real estate or company assets;
• tax exposure and potential enforcement proceedings;
• the consequences of death, divorce or business insolvency.

The agreement may reduce disputes about whether an asset belongs to one spouse or both. It cannot, however, override mandatory corporate, insolvency, tax or criminal-law rules.

Three important limitations under Polish law

Polish law does not permit spouses to use a matrimonial agreement without statutory limits. Three practical limitations require particular attention.

First, the agreement must be notarised where Polish law applies. Under Article 47 section 1 of the Family and Guardianship Code, a matrimonial property agreement governed by Polish law requires a notarial deed [1]. The effectiveness and formal validity of a foreign agreement require a separate conflict-of-laws analysis.

Second, certain assets cannot be brought into extended community property. Article 49 section 1 of the Family and Guardianship Code excludes, among other things, assets that will pass to a spouse through inheritance, legacy or donation, non-transferable rights, certain personal-injury and non-pecuniary damage claims and unmatured remuneration claims [1].

Third, a prenup does not automatically bind creditors. A spouse may rely on the matrimonial agreement against a third party only if that third party knew both that the agreement had been concluded and what type of regime it introduced. This follows from Article 47¹ of the Family and Guardianship Code [1]. In commercial practice, proving such knowledge may be decisive during enforcement or litigation.

Prenup effects towards creditors and commercial counterparties

The issue of prenup effects towards creditors is frequently misunderstood. A separation of property agreement does not retrospectively remove liability that has already arisen. It also does not invalidate securities, guarantees or obligations voluntarily assumed by a spouse.

Where a creditor seeks payment from one spouse, the scope of enforcement depends on the nature and date of the obligation, the creditor’s knowledge, whether the other spouse gave consent, and the applicable statutory liability rules. Article 41 of the Family and Guardianship Code regulates liability for obligations incurred by one spouse during statutory community property [1]. The outcome is therefore fact-dependent.

In transactions involving significant credit exposure, it is prudent to disclose the marital regime where disclosure is legally or contractually required. Banks commonly request marital-status and property-regime information before granting financing or taking security.

Applicable law to matrimonial property: the EU Regulation and Poland

International couples must first establish which law governs their matrimonial property regime. This question cannot be answered solely by reference to the place of marriage or the country where the notarial deed is signed.

Regulation (EU) 2016/1103 on matrimonial property regimes has applied since 29 January 2019 in the 18 Member States participating in enhanced cooperation. Poland does not participate in that enhanced cooperation. Nevertheless, the Regulation can be relevant where proceedings are conducted before the courts of a participating Member State, including proceedings concerning assets located in such a State. In those States, spouses may choose the law of the habitual residence or nationality of either of them (Article 22), in writing, dated and signed by both (Article 23), and the conflict-of-laws rules apply to spouses who married or chose the applicable law on or after 29 January 2019 [2].

Before Polish courts and notaries, the Polish Private International Law Act of 4 February 2011 applies. Articles 51 to 53 contain conflict-of-laws rules for personal and property relations between spouses, including a limited choice of applicable law (the national law of either spouse or the law of the State where either of them is domiciled or habitually resident, also before marriage) and rules on the effect of the regime towards creditors [3]. The analysis may depend in particular on nationality, place of residence and the timing of the spouses’ choice of law.

Changing marital regime during marriage

Changing marital regime during marriage is possible. Under Article 47 section 2 of the Family and Guardianship Code, spouses may amend or terminate their agreement, or conclude a new notarial agreement after the wedding, provided that both consent and have legal capacity [1]. As a rule, the effects of the new agreement arise when it is concluded and do not retroactively alter the regime applicable before that date.

A later change should be assessed carefully where there are existing debts, pending disputes, planned financing or signs of insolvency. A court may also establish separation of property in circumstances specified in Article 52 of the Family and Guardianship Code, including upon the request of a creditor holding an enforceable title where statutory conditions are met; in that case the spouses may conclude a new matrimonial agreement only after the division of joint property, after the creditor’s claim is secured or satisfied, or after three years [1]. Separation of property also arises by operation of law upon the incapacitation or bankruptcy of a spouse, or upon a decree of legal separation (Articles 53 and 54) [1].

This is informational material, not legal advice. For cross-border couples, the agreement should be reviewed before execution together with the couple’s asset structure, business interests, residence status and relevant foreign-law issues. For a focused assessment of a proposed matrimonial property arrangement, contact the Kopeć & Zaborowski legal team.

FAQ – Prenuptial Agreements in Poland for International Couples

Is a prenuptial agreement valid in Poland if signed before a foreign lawyer?

Not automatically. If Polish law governs the matrimonial property agreement, Article 47 section 1 of the Family and Guardianship Code requires a notarial deed. For an agreement signed abroad, Polish conflict rules may in some cases accept the form required in the country where it was signed (Article 25 of the Private International Law Act), so its formal validity and effectiveness require an assessment of the applicable law [3].

Can foreigners sign a separation of property agreement in Poland?

Yes. Foreign nationality does not prevent spouses from executing a Polish notarial deed. The notary and legal advisers should first assess whether Polish law governs the marital property regime or whether another law applies.

Can a prenup be signed after marriage in Poland?

Yes. Spouses may change their marital property regime during marriage by entering into a new notarial deed.

Does separation of property protect a spouse from business debts?

It may limit the pool of assets available for certain claims, but it does not eliminate liability arising from guarantees, co-borrowing, statutory obligations or transactions already entered into. Creditor knowledge of the agreement may also be relevant.

Does a Polish prenup affect assets located abroad?

Potentially, but its recognition and effect abroad depend on the applicable law and the rules of the country where the asset is located. Real estate, company shares and succession matters may require separate analysis.

Can spouses include inherited property in joint property?

Article 49 section 1 of the Family and Guardianship Code prevents an extension agreement from covering assets that will pass to a spouse in the future through inheritance, legacy or donation. Under the prevailing view, assets already inherited before the agreement is signed may be included in joint property, but this should be confirmed in the individual case.

Bibliography

[1] Act of 25 February 1964 – Family and Guardianship Code, consolidated text: Journal of Laws of 2026, item 236, in particular Articles 31, 41, 47, 47¹, 49 and 52-54.

[2] Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (OJ L 183, 8.7.2016, p. 1), in particular Articles 22, 23, 69 and 70.

[3] Act of 4 February 2011 – Private International Law, consolidated text: Journal of Laws of 2023, item 503, in particular Articles 25 and 51-53.