Prenup & Marriage Contract Navigator

Prenup: Portugal + Portugal

Case complexity: low. The contract touches a single legal system — Portugal.

Which contract, and where to sign it

Portugal: The convenção antenupcial is executed notarially before the marriage; marrying after 60 permits separation of property only.

Choice of applicable law

In the EU, fix the choice of law inside the contract (Regulation 2016/1103): the law of either spouse’s citizenship or habitual residence. Without a choice, the regime follows the first common residence — and migrates with you unpredictably.

Portugal: under Rome III you can also pre-select the law applicable to the divorce itself — it belongs in the same package.

What you can fix in it

Portugal: Choice from the statutory menu (community of acquisitions, full community, separation) with variations.

What gives the contract its force

Full asset disclosure annexed to the contract — the main anchor against future challenge.

Independent counsel for each side; one adviser for both is the classic line of attack.

What to read next

Deep dive: cross-border prenups

Divorce navigator: what happens without a contract

Property division in a cross-border divorce

This is a first-pass orientation, not legal advice. The rules are simplified; the contract itself is drafted by a lawyer for your couple.

Contact information

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