Prenuptial & Marital Property Agreements — Legal Assistance in Poznań
The word intercyza — the Polish term for a marital property agreement — still tends to conjure associations with distrust or planning for divorce. This is a misunderstanding. A marital property agreement is simply a legal tool that allows spouses to shape the rules governing their assets themselves, rather than relying entirely on the default statutory regime.
Sometimes an agreement protects the family from business risk. Sometimes it brings order to the assets each party is bringing into the marriage. Sometimes it simply gives both spouses a sense of clarity and financial security. In each of these situations, it is worth knowing what options are available.
Tel.: +48 531 335 713 | kancelaria@prawnikodrozwodu.pl
What Happens Without an Agreement?
Where spouses have not entered into any marital property agreement, a regime of community of property (wspólność majątkowa) arises automatically by operation of law at the moment the marriage is contracted (Art. 31 of the Family and Guardianship Code, Kodeks rodzinny i opiekuńczy, k.r.o.). This means that everything either of them acquires during the marriage — salary, real estate, savings, a car — forms part of the joint estate and belongs to both of them in equal shares.
This arrangement works very well for many families. But not for all. Where one spouse runs a business and is exposed to the risk of debt, where each party enters the marriage with significant personal assets of their own, or where they have different professional and financial trajectories — the statutory community regime may not be the most suitable.
What Is a Marital Property Agreement?
Intercyza is the colloquial term for a marital property agreement (umowa majątkowa małżeńska) entered into between spouses or prospective spouses. Its legal basis is Art. 47 k.r.o. The agreement must be made in the form of a notarial deed — it is void if it is not. It cannot be made privately, online or on an ordinary piece of paper.
An agreement may be entered into:
- before the wedding — it takes effect at the moment the marriage is contracted,
- during the marriage — it takes effect at the moment the notarial deed is signed.
The agreement may also be amended or dissolved at any time, again in the form of a notarial deed (Art. 48 k.r.o.). If the spouses dissolve the agreement without entering into a new one, the statutory community regime is restored between them.
Which Property Regime Can You Choose?
Polish law gives spouses four options.
Separation of Property (rozdzielność majątkowa)
The most commonly chosen form. Each spouse retains sole ownership of everything they acquired both before and during the marriage. There is no joint estate — only two separate personal estates. Each manages their own property independently and is solely liable for their own debts.
This arrangement is particularly popular among people who run businesses, because it protects the family’s assets from the risks associated with the other spouse’s commercial activities.
Separation of Property With Equalisation of Gains (rozdzielność majątkowa z wyrównaniem dorobków)
A variant of separation that takes into account both spouses’ contributions to building the family’s wealth. Day to day, each spouse manages their own property. But when the marriage ends, the spouse whose accumulated gains were smaller may claim equalisation from the spouse whose gains were larger.
This is the arrangement for couples where one spouse steps back from their career to raise children or manage the household — and does not wish to be financially disadvantaged on separation despite having formally earned less.
Extended Community of Property (rozszerzona wspólność majątkowa)
Spouses may extend the scope of the joint estate beyond what the statute provides — for example, by bringing in assets acquired before the marriage, gifts or inheritances that would otherwise form personal property. This is the arrangement for couples who wish to pool their assets entirely.
Note: rights that are non-transferable, claims for personal injury compensation and items serving exclusively personal needs cannot be brought into the joint estate.
Limited Community of Property (ograniczona wspólność majątkowa)
Spouses may also narrow the scope of the joint estate — excluding from it, for example, the income from one spouse’s business activity or specific categories of assets. This is an intermediate arrangement between full community and full separation.
Enforceability Against Third Parties
This is a point that is frequently overlooked — yet it has enormous practical importance. A marital property agreement is effective against creditors only where they knew of its existence at the time the obligation arose (Art. 47¹ k.r.o.).
This means that if one spouse incurs a debt without informing the creditor of the separation of property regime, the creditor may seek satisfaction from the joint estate — as if the agreement did not exist. The agreement does not automatically protect the other spouse’s assets from the debts of their partner, if the other contracting party was unaware of it.
In practice, when entering into commercial contracts, taking out loans or assuming business obligations, it is important to inform the other party of the existence of the separation regime — and ideally to confirm this in writing.
Court-Ordered Separation of Property
A marital property agreement requires the consent of both spouses — because it is a contract. But what if one of them is unwilling to sign?
In that case, either spouse may apply to the court for separation of property to be established judicially, where there are important reasons for doing so (Art. 52 k.r.o.). In practice, important reasons typically include one spouse dissipating assets, taking on excessive debt, addiction, or a prolonged factual separation.
The court may establish separation of property with effect from the date the petition is filed — or in exceptional cases, retroactively, where the spouses have been living apart. This latter option can be particularly important where one spouse was incurring debts without the other’s knowledge.
Separation of property also arises automatically upon a judgment of legal separation (Art. 54 k.r.o.), and in certain circumstances upon the insolvency or legal incapacitation of one spouse (Art. 51 k.r.o.).
When Is a Marital Property Agreement Worth Considering?
Before the wedding, where one of the prospective spouses runs or plans to run a business. Business risk can transfer to the family — an agreement protects the family’s assets from the potential consequences of business debts.
Where one of the prospective spouses brings significant personal assets into the relationship — real estate, a business, savings — and wishes to ensure that those assets will not become the subject of dispute on separation.
During the marriage, where one spouse’s financial position changes — starting a business, taking on loans, entering into risky investments.
Where the spouses simply want to maintain financial independence and clarity — each responsible for their own affairs, each managing their own assets.
Where one spouse is stepping back from their career to raise children and wishes to protect their financial interests in the event of separation — here, separation with equalisation of gains is worth considering.
A Marital Property Agreement and Divorce
On divorce, a marital property agreement significantly simplifies the situation. Where the spouses have been living under a separation regime, there is no joint estate to divide. Each keeps their own personal property. This saves substantial time, money and stress.
If, however, one spouse made contributions from their personal property to the other’s personal assets — for example, financing renovations to a property owned by the other — those contributions can be settled in separate proceedings.
Should You Have a Lawyer When Entering Into a Marital Property Agreement?
The agreement itself is drawn up by a notary, who is responsible for its formal correctness. But before you visit the notary, it is worth thinking through with a lawyer which property regime is optimal in your situation and what provisions the agreement should contain.
A straightforward agreement establishing separation of property is simple. But agreements that extend or limit community property, include equalisation provisions or regulate the management of specific assets require careful thought. A poorly drafted clause can produce consequences neither party anticipated.
We help analyse the financial situation, identify the right model and prepare for the conversation with the notary — so that the agreement genuinely protects your interests rather than being a mere formality.
Preparing for Your First Consultation
The first consultation costs 400 PLN and lasts 60–90 minutes. Before the meeting it helps to think through a few questions: whether either of you runs or plans to run a business, what assets each of you is bringing into the relationship, whether there are any existing loans or financial obligations, and what the purpose of the agreement is — protection from risk, bringing order to your assets, or securing your position in the event of separation.
At the meeting we discuss the available options, explain the differences between the property regimes and advise on which model best suits your situation. If you decide to go ahead with an agreement, we can also help prepare a draft for signature before the notary.
Frequently Asked Questions
Can a marital property agreement be entered into after the wedding? Yes — an agreement can be made at any point during the marriage, not only before it. It takes effect at the moment the notarial deed is signed.
Does a marital property agreement protect assets from the other spouse’s debts? Yes, but with an important qualification. The agreement is effective against creditors only where they knew of its existence at the time the obligation arose. If a creditor was unaware of the agreement, they may seek satisfaction from the joint estate as if it did not exist.
How much does a marital property agreement cost at a notary? The notarial fee depends on the value of the assets covered by the agreement. For a straightforward agreement establishing separation of property, the notarial costs are relatively modest. The notary will provide a precise quotation before the deed is signed.
Can a marital property agreement be dissolved? Yes — at any time, again in the form of a notarial deed. If the agreement is dissolved without a new one being entered into, the statutory community regime is restored.
Does a separation agreement mean spouses cannot buy anything together? No. Under a separation regime, spouses may still acquire assets jointly — as co-owners holding shares in proportion to their contributions. The difference is that such ownership is not marital community property but ordinary civil co-ownership (współwłasność) — with all the consequences that follow on any eventual division.
Contact Us
We advise on marital property agreements — both before and during marriage. We practise in Poznań and across Greater Poland.
Kancelaria Prawa Rodzinnego Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca Prawny Joanna Jędrzejewska
ul. Mickiewicza 18a/3, 60-834 Poznań Tel.: +48 531 335 713 kancelaria@prawnikodrozwodu.pl | prawnikodrozwodu.pl
Office hours: Monday–Friday, 8:00–16:00 Consultations in person and online. First consultation: 400 PLN.
This page is for general informational purposes only and does not constitute legal advice. Legal information current as of January 2026.