Prenuptial Agreements in Spain

• This service is particularly relevant for individuals entering into a marriage in Spain who have significant pre-marital assets, future inheritances, or high earning potential they wish to protect. 
• It is also suitable for those marrying for the second or third time, and individuals concerned about financial clarity and asset protection in the event of a marital breakdown.

1. Consultation with a Lawyer: Understanding different matrimonial economic regimes and their implications.
2. Drafting the Agreement: Tailored to your specific needs and assets.
3. Notary Signing: Both parties sign the agreement in the presence of a notary.
4. Registration: The agreement must be registered in the Civil Registry to be valid.

• Timeframe and Cost: The process should start well before the wedding date. The cost varies depending on the complexity of financial arrangements and the length of negotiations. However, considering the potential for reducing legal disputes and costs in the event of divorce, this can be a worthwhile investment.
• Expert Legal Guidance: It's essential to consult with a legal expert in family law to understand the implications of different matrimonial economic regimes and to ensure the agreement is legally viable.
• Changing Circumstances: Consideration should be given to the fact that matrimonial agreements might need modification over time due to changing personal circumstances.
• Legal Context in Spain: In Spain, prenuptial agreements are known as 'capitulaciones matrimoniales' which serve a similar protective function. This contract is crucial for couples who want to define their economic regime within the marriage, particularly when it comes to asset protection. Prenuptial agreements, also known as matrimonial property agreements, are primarily regulated under the Spanish Civil Code. The specific laws that govern these agreements are found in several sections:
  • Article 1325: This article allows for the modification of the matrimonial property regime by mutual agreement between the spouses, either before or after the marriage. It is the legal basis for prenuptial agreements in Spain.
  • Articles 1315 to 1324: These articles detail the general provisions regarding matrimonial property regimes, including the default regimes (community property and separate property) and how these can be altered by agreements.
  • Article 1327: It specifies the formal requirements for these agreements, stating that they must be formalized in a public deed before a notary to be valid.
  • Article 1328: This article outlines the effectiveness of matrimonial property agreements, including their enforceability against third parties.

It's important to note that while these articles set the framework for prenuptial agreements, the actual content of such agreements can be quite flexible, allowing spouses to tailor their economic relations during the marriage and in the event of separation, divorce, or death, as long as they do not violate laws, morals, or the rights of third parties.

Additionally, Spain's regional laws (known as "Foral Law") in places like Catalonia, the Basque Country, and Navarre, can have their own specific regulations regarding matrimonial property and prenuptial agreements. These regional differences can significantly affect the structure and enforcement of prenuptial agreements, so it's crucial to consider the applicable regional laws when drafting or entering into such agreements in Spain.

• Expert Legal Advice: Receive guidance on choosing the most appropriate economic regime.
• Protection of Individual Assets: Safeguard your pre-marital, inherited, or individually acquired assets during marriage.
• Clarity and Prevention of Future Disputes: Clear terms to avoid future legal disputes in case of a marital breakdown.
• Confidentiality: Ensuring the privacy of the agreement's terms and financial disclosure.

• Economic Regime Definition: Establishes how assets and finances will be managed during the marriage.
• Protection of Pre-Marital Assets: Safeguards individual assets acquired before marriage.
• Post-Marriage Asset Management: Determines how assets acquired during the marriage will be handled.
• No Child-Related Matters: Excludes issues like child custody and support.
• Tailored to Individual Needs: Customized based on personal financial situations and assets.
• Legal Formality: Requires drafting by a lawyer and signing in front of a notary.
• Registry Requirement: Must be registered in the Civil Registry for validity.