What do they consist of?
Prenuptial agreements aim to establish the financial regime that will govern the married life of the spouses or future spouses. They can also include any clauses deemed relevant, including agreements for situations of separation or divorce.
Since they are not mandatory, if not drawn up, the regulations of the Autonomous Community where the couple resides will apply. For example, in Catalonia and the Balearic Islands, separation of property applies; in Navarre, community property; in Aragon, marital partnership; and under Spanish common law, community property.
Types of Prenuptial Agreements:
Separation of Property: Under this regime, each spouse maintains complete control over their assets. Although in Catalonia this regime is automatically applied by law, in other Autonomous Communities, a prenuptial agreement is required. Even in Catalonia, it is recommended to sign a prenuptial agreement to establish rules in case of separation or divorce, such as the non-obligation to pay alimony if both spouses work.
Community Property: Marriage under the community property regime means that all income during the marriage is considered community property, except for assets owned individually before the marriage. Unlike separate property, the assets are divided between both spouses.
Joint Ownership: This regime applies when several people share ownership of an asset. In this case, spouses have rights and responsibilities based on their percentage of ownership.
Participation: This regime is established by contract and is similar to separate property, but in case of separation, both spouses share both the losses and gains of the assets.
Required Documentation
Before getting married
National identity document.
After getting married
National identity document.
Family book.
In what situations can this service be used?
Any union, whether through marriage or a registered civil partnership, carries a number of financial implications, which can include expenses, asset management, and future household planning. Therefore, it is advisable to formalize a prenuptial agreement.