25 | Downloads | Family law

From 1.1.2025 with an amendment of teh Civil Code partners will be able to conlude notary deed on community property.

Pre-Partner Agreement

Effective 1.1.2025, an amendment to the Civil Code (Act No. 123/2024 Coll.) introduced a new legal concept into our legal system: Partnerships. This amendment was incorporated into the second part of the Civil Code (Family Law).

“A partnership is a permanent union of two individuals of the same sex, established in the same manner as marriage. Unless stipulated otherwise by law or another legal regulation, provisions concerning marriage and the rights and obligations of spouses, widows, and widowers shall apply to partnerships and the rights and obligations of partners accordingly.”

Previously, registered partners did not acquire community property (joint marital property). Instead, registered partners were merely co-owners in proportion to their respective shares. No legal framework existed for the settlement of property in the event of a relationship breakdown, and managing jointly owned property required a power of attorney.

In just the first two days of 2025, five clients approached us to inquire about the possibility of concluding a “prenuptial agreement” for partnerships. After consulting with a notary office, we can confirm that there are no legal barriers to concluding a pre-partner agreement. Partners now have the same legal standing as spouses. It is therefore possible to enter into agreements both before and during the partnership to regulate property rights.

Template is similar to prenup we share.