Prenup in Poland: Marital Property Agreement (Intercyza) Cost
Short answer: A Polish intercyza must be a notarial deed with both spouses present. The maximum notary fee is 400 zł net, plus copies and 23% VAT, whether you sign before or after the wedding.
When you marry in Poland, the law gives you a shared property regime by default. Many couples, especially when one partner runs a business or one brings a lot of assets, want something different. The tool for that is the marital property agreement (umowa majątkowa małżeńska), widely called "intercyza" in Polish. This guide explains what it can do and what it costs. It is based on a notary information service (notary.pl, a commercial notary-finder site, page accessed 18 October 2026), which quotes article 47 of the Family and Guardianship Code and the Ministry of Justice regulation on maximum notary fees. The Code's article 47 itself is listed in the consolidated text Dz.U. 2026 item 236 on sip.lex.pl. The sources we used do not discuss couples where one or both partners are foreigners, so if your marriage has an international element, ask a notary which law applies before you sign.
The default and how to change it
According to the source, from the moment of marriage a statutory joint property regime (wspólność ustawowa) arises by law. Whatever the spouses earn and buy from that day is shared, no matter who signed the contract or whose account paid. Article 47 §1 allows spouses to change this by an agreement in the form of a notarial deed. They can extend or limit the joint property, or set separate property, or separate property with equalisation of accrued gains. The same article says the agreement may be concluded before the wedding.
The form is strict. A handwritten agreement, an agreement signed before witnesses, or one where a notary only confirmed the signatures is void, says the source. A full notarial deed is needed, with both spouses present together. It cannot be arranged by post.
The four regimes you can choose
- Separate property (rozdzielność majątkowa): the joint property disappears. Each spouse owns and manages only their own assets.
- Separate property with equalisation of accrued gains: it works like separate property day to day, but after it ends the spouse with the smaller gain can ask for equalisation by payment or by transfer of a right. Only the increase in property value after the agreement counts.
- Extended joint property: more assets go into the joint pot than the law provides, for example a flat bought by one spouse before the wedding. The source notes that some categories, including inheritances and gifts, cannot be added.
- Limited joint property: the joint regime stays, but named assets such as a business or one property are left out.
According to the source, all four cost the same at the notary.
Before or after the wedding
An agreement signed before the wedding means joint property never arises. One signed during the marriage closes the joint property from the date in the deed. What the couple had saved up before that becomes co-ownership in fractional shares, and dividing it needs a separate agreement, which has its own fee based on value.
A court can set separate property with a retroactive date, but the source says a notary cannot give an agreement a date in the past (art. 52 §2 of the Code is cited for the court route). One more practical point from the source: joint tax filing for spouses is available only to spouses who had joint property throughout the tax year (art. 6 para. 2 of the PIT act, as cited). So the source advises that signing in November takes away joint filing for the whole year, and that waiting until January can be worth it. Check with a tax adviser before relying on this, as we did not verify the PIT provision against the act itself.
What it costs at a notary
The source states that the maximum notary fee for the agreement is 400 zł net (par. 8 point 2 of the regulation). It is a fixed amount, not dependent on assets, and it does not change whether you sign before the wedding or twenty years after. Add 6 zł net per started page for each copy of the deed (par. 12), and 23% VAT. The source's example of a 3-page deed with 6 copies gives 454 zł net and 558.42 zł in total, which it calls indicative. By our calculation the 400 zł fee alone with VAT is 492 zł.
If you also divide existing joint property during the same visit, that is a separate act. The fee is based on the value of the property, with a cap of 7,500 zł for spouses according to the source, and a 200 zł court fee applies for a land registry entry when a property changes owner. The civil law transactions tax (PCC) is 0 zł for both documents. The source stresses these are maximum rates, so the notary may charge less.
What to bring
- ID cards or passports of both spouses or fiancés
- A short copy of the marriage certificate if you are already married. The source says it costs 22 zł at the civil registry office and the notary must see the paper document.
- A decision on which of the four regimes you want
- Land register numbers if a property is involved
- Business details and tax number if one spouse runs a firm
* Photos: groom touching a wedding band and a gold wedding ring (CC0), Wikimedia Commons. Illustrative.
Frequently asked questions
Can a marital property agreement be signed after the wedding?
Yes. Article 47 §1, as quoted by the source, allows the agreement during the marriage as well as before it. It must be a notarial deed with both spouses present, and what was saved before it becomes co-owned in shares.
How much is the notary fee for an intercyza?
The maximum fee is 400 zł net, plus 6 zł net per page for each copy and 23% VAT, according to notary.pl as of 18 October 2026. Many notaries may charge less because the rates are maximums.
