Marital or prenuptial capitulation

Are agreements, are a contract established by spouses either before or after marriage, aiming to set the regime to which their assets should adhere or to adopt any other provisions due to the marriage.

These agreements can be made before or after the marriage and must be formalized in a public deed with impartial advice from a Notary. For the effectiveness of prenuptial agreements against third parties, their registration in the registry is necessary.

If the prenuptial agreements are made under the assumption of a future marriage, they become void if the marriage does not take place within a year.

Therefore, prenuptial agreements are a bilateral and formal legal transaction.

They are an option, not a condition for the validity of the marriage.

Prenuptial agreements must respect the Law, good customs, public order, and equality of rights between spouses.

These agreements are highly useful as they leave no room for interpretation regarding what is agreed upon.

Regarding the matrimonial economic regime, if no prenuptial agreements are made, the general Law applies. In Spain (except in Catalonia and the Balearic Islands), the general regime is that of joint property, so if one desires the regime of separate property to apply to the marriage, it’s necessary to stipulate it in prenuptial agreements.
It’s important to note that prenuptial agreements can be modified.

Prenuptial agreements are a contract granted by spouses, either before or after marriage, to establish the regime to which their assets should adhere or to adopt any other provisions due to the marriage.

These agreements can be made before or after marriage and must be formalized in a public deed with the impartial advice of a Notary. For the effectiveness of prenuptial agreements against third parties, their registration in the registry is necessary.

If prenuptial agreements are made under the assumption of a future marriage, they become void if the marriage does not occur within one year.

Therefore, prenuptial agreements are a bilateral and formal legal transaction.

They are an option, not a condition for the validity of the marriage.

Prenuptial agreements must comply with the Law, good customs, public order, and equality of rights between spouses.

Prenuptial agreements are highly useful as there’s no room for interpretation regarding what is agreed upon.

Regarding the matrimonial economic regime, if no prenuptial agreements are made, the general Law applies. In Spain (except in Catalonia and the Balearic Islands), the general regime is joint property, so if one desires the separate property regime to apply to the marriage, it’s necessary to stipulate it in prenuptial agreements.
It’s important to note that prenuptial agreements can be modified.

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