avioehto

Avioehto is a matrimonial property agreement in Finnish law. It is a voluntary contract between spouses that specifies how property and assets should be treated in the event of a divorce or the death of one spouse. The purpose is to tailor the default rules of marital property to the couple’s situation, for example by confirming which assets will remain the personal property of one spouse, how assets acquired during the marriage will be divided, and how debts and other financial matters are handled.

Formation and scope: An avioehto must be created in writing and signed by both spouses. It can be concluded before the marriage or during the marriage, and it can be amended or revoked by a written agreement signed by both parties. While it can address a wide range of property issues, it generally relates to the distribution of assets and the handling of property rights in the event of dissolution or death. Legal advice is often recommended for those with complex assets to ensure the agreement is clear and enforceable.

Effect and limitations: When a marriage ends, the avioehto governs the division of property to the extent it is valid and compatible with applicable law. It cannot be used to circumvent mandatory protections or obligations under inheritance or family law, and it may be subject to judicial review if its terms are contested. The agreement remains binding between the spouses unless changed by a subsequent written agreement.

See also: Avioero.