You need a marital agreement to agree on separate property or make certain gifts to your spouse. Clearly state what you agree, follow the witness rules and clarify registration. A valid agreement between you and protection against creditors are separate questions.
When do you need a marital agreement?
An ektepakt, a marital agreement, is a special form of agreement between spouses. It is used, among other things, to agree on separate property and gifts that require a marital agreement. You can draw up and register it before marrying, but it takes effect only once you are married. See Brønnøysundregistrene’s registration guidance. Brønnøysundregistrene is the Brønnøysund Register Centre.
A cohabitation agreement is a different agreement. Read SamfunnPrep’s guide to marriage and cohabitation if you first want to clarify the difference between the forms of partnership.
The rules below were checked as of 7 October 2026. The key provisions are in Lov om ekteskap (ekteskapsloven), the Marriage Act, available on Lovdata.
What is the difference between separate property and ownership?
Separate property concerns assets whose value is excluded from division. It does not mean ownership automatically transfers to the other spouse. You can own something alone even if its value is included in the marital property to be divided.
Unless another arrangement applies, the default is felleseie, the marital property division regime: assets are generally divided equally on settlement, after deducting debts. There are exceptions. Skjevdeling, the right to exclude certain values from division, may apply, among other things, to values clearly traceable to what you owned before marriage or to inheritance and gifts from others. See the explanation of felleseie and skjevdeling and ekteskapsloven §§ 31, 58 and 59.
| Option | What does it mean? |
|---|---|
| Fully separate property | The value of assets you own now and acquire later is excluded from division. |
| Partly separate property | The agreement covers only specified values or parts of them. |
| Separate property during life, divisible marital property on death | The separate-property arrangement ends on death under the conditions you agree. |
You can also agree on time limits or other conditions permitted by law. What replaces an asset that is separate property, and the returns from that asset, are generally separate property too. See Brønnøysundregistrene’s overview of agreements and §§ 42 and 49.
What must you clarify before filling in the form?
Start with what you want to achieve. Consider making a list before choosing the boxes to tick:
- Which assets and values does the agreement cover?
- Who owns them now, and who is to receive any gift?
- Should separate property cover everything, specified assets or a share?
- Do you have an earlier marital agreement that is to be changed or revoked?
Gifts between spouses generally require a marital agreement to be valid. The exceptions include ordinary gifts and, among other things, pensions, life insurance, annuities, agreed maintenance (føderåd) and similar benefits securing the spouse’s support. The law sets no fixed amount in kroner for what counts as an ordinary gift. See ekteskapsloven § 50.
A gift transfers ownership. If the gift is not made the recipient’s separate property, its value is normally part of the marital property to be divided. You cannot generally give away what you will acquire in the future; ordinary household contents in the shared home are an exception.
For registration, you must use an approved form. Describe the gift, recipient and partly separate property specifically. A new agreement may supplement earlier agreements, so check what should continue to apply. See the instructions for completing the form.
How do you sign with witnesses?
The marital agreement must be in writing and meet the formal requirements in ekteskapsloven § 54. Normally, you both sign. Plan the signing as follows:
- Choose two adult witnesses whom you both accept and who are of sound mind.
- The witnesses must be present together and know that the document is a marital agreement.
- You must both sign, or confirm previous signatures, at the same time in front of the witnesses.
- The witnesses sign while you are present.
The witnesses do not need to know the contents. In Brønnøysundregistrene’s form, you normally sign all pages, and the witnesses confirm the signatures on page four. See the approved gender-neutral marital agreement form.
If the agreement benefits only one spouse, it may be valid without that spouse participating. The witness requirements still apply. If a guardian’s consent is required, it must also be given in the same form. Clarify such situations before signing.
What do you do without a Norwegian national identity number?
If you have neither a national identity number nor a D number, you can apply for a D number at the same time as registration. If you already have a D number, you must use it.
Send the marital agreement on paper together with Søknad om d-nummer, BR1015B, the application for a D number, and a colour copy of your identity document bearing an original certification. Do not send the application on its own. See Brønnøysundregistrene’s updated D-number guidance.
The copy must be dated, no more than three months old and certified with an original signature and stamp by an approved person or authority. Follow the application form’s requirements for identity documents and who may certify the copy.
Must the marital agreement be registered?
A marital agreement meeting the formal requirements is binding between you and your heirs even without registration. For legal protection against creditors, it must be registered in Ektepaktregisteret, the Register of Marriage Settlements, at Brønnøysundregistrene, under § 55.
Here, legal protection means the agreement can protect the recipient against the donor’s creditors. This is particularly important for gifts. Registration nevertheless gives no guarantee against all claims: § 51 has separate rules for creditors who already had a claim when the gift was made. Seek legal advice if debt or payment problems make this relevant.
A registered marital agreement is generally publicly available. Others can normally order a copy. Therefore, think carefully about what you write. See the information about Ektepaktregisteret.
What must you do when a home is given as a gift?
You must also arrange registration of the ownership transfer with Kartverket, the Norwegian Mapping Authority, to obtain legal protection. Registration in Ektepaktregisteret does not arrange this automatically.
A deed is normally used for real property. If you use a deed, enclose the marital agreement or state in the covering letter that you have a marital agreement concerning the gift. The marital agreement can be used instead if it contains the actual transfer of ownership; original signatures are then required. It need not first be registered in Ektepaktregisteret. See Kartverket’s guidance for spouses.
Transfers between spouses during the marriage are exempt from document duty, but the registration fee must still be paid. Clarify with the municipality whether you must apply for a concession or submit a declaration of exemption from the concession requirement. Transferring the shared home also requires the spouse’s written consent under § 32. Deeds have their own rules on signatures and witnesses. A housing cooperative share uses a different transfer form. See Kartverket’s practical ownership transfer guidance.
What happens after submission, and how do you change the agreement?
Brønnøysundregistrene checks formal requirements but does not guarantee that the contents are legally valid. After registration, the submitter receives the original back and a register extract. The extract does not show the entire agreement. An invoice follows later. See what happens after submission.
Changing or revoking the agreement requires a new marital agreement. While you are married, you cannot simply delete the registered marital agreement to return to felleseie. See Brønnøysundregistrene’s questions about changes.
For questions about inheritance or assets in several countries, you should obtain advice specific to your circumstances. A marital agreement does not replace an assessment of whether you need a will. Also read inheritance and estate settlement. SamfunnPrep has more practical tools to help you identify your next task.
