Předmanželská smlouva

Under Czech law

The Civil Code does not use the word "prenup"; § 716–§ 721 (Act No. 89/2012 Sb.) allow engaged couples or spouses to agree a contractual property regime (smluvený režim) different from the statutory community property. The agreement must be a notarial deed (§ 716 odst. 2) — a private written contract is void for this purpose. Typical choices are separate property (oddělené jmění), a regime reserving the community to dissolution, or bespoke carve-outs for a business.

On request, the notary registers the deed in the public Seznam listin o manželském majetkovém režimu kept by the Notarial Chamber; § 721 makes a registered regime effective against third parties, so creditors of one spouse cannot reach the other's separate assets on the ground they did not know.

A practical example

A founder marrying while her startup grows signs a notarial deed establishing separate property, with a clause granting her future spouse a defined settlement if the marriage ends. Years later, investors doing due diligence see a clean cap table; a divorce would not entangle the company in a community-property fight.

When you need a lawyer

Notaries execute the deed, but a lawyer negotiating its content protects your side: what happens to appreciation of pre-marital assets, how the family home is treated, what a fair exit clause looks like. This matters most for entrepreneurs, second marriages, and significant inherited wealth.