Financial Family Law

Financial family law concerns the legal and financial relationships between married couples and cohabiting partners, both during the relationship and in the event of a breakup. When a relationship ends, it is especially important to establish a clear overview of each party's assets and determine ownership.

For cohabiting partners, there is no specific law governing financial settlements in case of separation, unlike for married couples. The general rule for cohabiting partners is that each retains their own property, and the value of the property is not shared with the other party. Therefore, it is crucial to clarify ownership. This can be agreed upon in a cohabitation agreement.

There are no specific formal requirements or mandatory content for cohabitation agreements, but they should be in writing and signed by both parties. A cohabitation agreement should specify ownership of assets, with particular emphasis on clarifying owner shares and liability for debt relating to real estate. It can also include provisions on how expenses will be shared and what should happen to the assets in the event of a breakup.

Our services include:

Cohabitation agreement
- For cohabitants, there is no separate law with rules on the financial settlement in the event of a break-up, as there is for spouses. The main rule for cohabitants is that each party retains their assets without the value of the asset being shared with the other. It is therefore important to clarify which of the cohabitants owns what. This can be agreed in a cohabitation agreement. There are no specific formal requirements or requirements for the content of cohabitation agreements, but it should be in writing and signed by both parties. The cohabitation agreement should include provisions on who owns what, and it is particularly important to clarify ownership shares and debt liability for real estate. The cohabitation agreement may also include provisions on how expenses are to be divided and what is to happen to the assets in the event of a break-up.
Prenuptial agreement
- A prenuptial agreement is a contract between spouses regarding their property arrangement. The default legal arrangement for spouses is community property. Community property does not pertain to ownership of the assets but is a rule for division. It means that in the event of a separation, the spouses' total net assets are to be divided equally between them. Spouses can agree on exceptions to this division in a prenuptial agreement, specifying that what they own or acquire will be each individual's separate property. The Marriage Act has rules on how a prenuptial agreement should be established and what the spouses can validly agree upon. A prenuptial agreement must be registered in the Prenuptial Agreement Register to be enforceable against the spouses' creditors.
Last will and testament
- Your ability to allocate your assets in a will depends on the size of the estate you leave behind and whether you have a partner, spouse, or children. The Inheritance Act provides clear rules about who is entitled to inherit and outlines the limitations on how a testator can deviate from these provisions in a will. Our lawyers can assist you in finding solutions that fulfill your wishes while complying with the applicable regulations.
Springing power of attorney
- A springing power of attorney allows you to designate someone to act on your behalf if you are no longer able to manage your own affairs, such as in the case of dementia. This document should be customized to your specific wishes and needs, ensuring that your interests are protected in the best possible way. We ensure that the springing power of attorney is drafted clearly and correctly in accordance with the applicable regulations.
Estate settlement following breakups
- A breakup involves not only emotional strain but also raises numerous legal and financial issues that must be resolved. Our lawyers assist with estate settlements by calculating the division of assets and liabilities. We have extensive experience in negotiating financial settlements and agreements, always striving to safeguard our clients' interests as effectively as possible. Our lawyers also provide support in legal disputes when matters cannot be resolved through negotiation and mediation between the parties.

Kristin Hellum Narjord

Senior Lawyer

+47 416 34 487

knarjord@eurojuris.no

Team Financial Family Law

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