Legal advice before marriage in Spain
Legal counseling before marriage is key in terms of marriage property as well as in terms of other measures that the couple wishes to agree upon, such as the other’s spouse to a pension.
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Getting married is not only an emotional commitment, but also a legal one. Many couples are unaware that marriage automatically creates an economic regime that will determine how property and assets are managed during the marriage and divided in case of divorce or inheritance.
Why seek legal advice before marriage?
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To understand the default matrimonial property regime in Spain.
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To decide whether to sign a marriage contract or prenuptial agreement.
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To protect personal or family assets.
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To avoid future conflicts by setting clear financial rules.
When should you do it?
Ideally before the wedding, so that the chosen property regime is clear from the beginning. However, it is also possible to sign an agreement later, during the marriage.
International couples
In cross-border marriages, you can often choose the law of your nationality or residence to govern the marriage. This is essential when assets are located in different countries, or when one spouse is not Spanish.
How can we help you?
At Zabalgo Family Lawyers, we provide clear and practical legal guidance before marriage. We explain your options, prepare and formalize agreements before a notary, and ensure your interests are protected from day one.
We can help you — contact us today
Marrying in Spain when one of you is not Spanish
For international couples, the questions that arise before marriage are rarely just about property. They are about which country’s law will apply to the marriage in the first place.
Since 29 January 2019, Regulation (EU) 2016/1103 determines the law applicable to matrimonial property regimes for couples marrying from that date. Where the spouses have not chosen, the default is the law of their first common habitual residence after the marriage; failing that, their common nationality; and failing that, the State with which they are most closely connected.
Two limits are worth knowing. The Regulation applies only in the eighteen Member States taking part in the enhanced cooperation: it does not apply in Ireland, Denmark, Poland, Hungary, Romania, Slovakia or the Baltic States, and of course not in the United Kingdom. Where one of those countries is involved, the answer comes from Spanish private international law instead.
The Regulation does, however, allow the spouses to choose the applicable law by agreement, and that choice must be made in the form required for marriage contracts. For an international couple, this is usually the single most valuable clause available to them.
Prenuptial agreements: what Spanish law does and does not recognise
Clients from common law countries often ask whether their prenuptial agreement will be valid in Spain. The answer requires a distinction.
Agreements dealing with the matrimonial property regime are fully recognised in Spain, provided they are executed as capitulaciones matrimoniales in a public deed before a notary, as required by article 1327 of the Civil Code. Unlike a prenuptial agreement in the strict sense, they may be granted before or at any point during the marriage.
Agreements purporting to fix in advance matters concerning children — custody, maintenance, contact — have no binding effect. Those questions are always decided by reference to the best interests of the child at the time the decision is taken, and no agreement between the parents can displace that.
Clauses waiving future spousal maintenance occupy an intermediate position, and their validity depends on the circumstances of the case.
If you are considering a marriage contract, see our page on marriage contracts in Spain and on the matrimonial property regimes that Spanish law provides.
Documents required for a foreign national marrying in Spain
Marrying in Spain as a foreign national involves a preliminary file before the Civil Registry or a notary. In practice you will need a full birth certificate, a certificate of no impediment or equivalent, proof of civil status, and evidence of residence. Documents issued abroad generally require the Hague Apostille and a sworn translation into Spanish.
Timescales vary considerably depending on the registry and the country of origin, and gathering the documentation is usually the slowest part of the process. It is worth starting several months in advance.