What is a prenuptial contract?

Premarital contracts are called premarital capitulations in Spain. It is a document or agreement signed between the spouses prior to the celebration of the marriage. They can also be signed after marriage.

The objective of this type of contract or agreement is to regulate the economic regime of the marriage, as well as to establish certain measures in the face of a possible divorce of the marriage.

These types of contracts can be drawn up, as we have said, in advance of the marriage, but they will only be valid for one year, so the marriage must be celebrated within that year for the contract to be valid.

Although in other countries, such as the United States, these types of agreements are usually very frequent, they are not so common in Spain, unless you want to change the Marital Economic Regime established by Law.

In other countries, clauses are usually incorporated that financially compensate one of the spouses depending on the length of the marriage, their children, etc. But in Spain these types of agreements do not usually occur. Only the separation of assets is normally established . The Civil Code does not speak about these contracts but their validity is understood, since contracts usually simply govern the will of the parties.

Without a doubt, the only limit for these agreements should be that morality and public order are respected and that there is agreement and express consent between the parties. It is recommended that they be made before a Notary so that they are recorded in a public deed , but if they are done privately they will also be valid as long as they are recorded in a public deed.

Marriage agreements are always registered in the Civil Registry so that they have effects on third parties and thus guarantee certain publicity in case someone shows a legitimate interest.


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