In family matters, the involvement of a notary guarantees the legality, protection and security of the legal acts that affect people, their relationships and their assets.
Marriage Contract (Capitulaciones Matrimoniales)
A contract executed by a couple who are about to marry (or are already married) to set their matrimonial property regime (separation of property, community property (gananciales), etc.).
- It is executed before a notary as a public deed (escritura pública).
- It can be made before or during the marriage.
- It must be recorded at the Civil Registry.
Divorce before a Notary
Dissolution of a civil marriage by mutual agreement before a notary.
- Both spouses must appear in person.
- There must be no minor children or children with a legally recognised disability in common.
- It includes a separation/divorce agreement (convenio regulador) and the division of assets.
Marriage before a Notary
Since 2015, notaries have been able to officiate civil marriages.
- A marriage file processed at the Civil Registry is required.
- The ceremony can take place at the notary's office or at another agreed venue.
- Two witnesses must be present.
Registered Civil Partnership (Pareja de Hecho)
A stable union between two unmarried people. A public deed allows them to regulate their relationship.
- A voluntary deed that evidences cohabitation and the couple's agreements.
- It may be required for registration in the regional register of partnerships.
- It allows financial and property matters to be agreed.
Dissolution of a Registered Civil Partnership
The act by which a registered civil partnership is officially ended.
- Individual or joint public deed.
- The other party must be notified if it is unilateral.
- It may include the division of jointly owned assets.
Emancipation
Allows a minor over the age of 16 to act legally as an adult.
- It is granted by public deed with the consent of the parents or guardian.
- It can also be obtained by court order or through marriage.
- It does not authorise certain acts, such as selling property without court authorisation.
Appointment of a Guardian
Allows a person to choose who will be their guardian should they lose capacity in the future.
- It is established by public deed.
- Advisable in cases of degenerative illness.
- The judge will respect this choice unless there is a justified reason not to.
Self-Appointed Guardianship (Autocuratela)
Advance designation of a person who will act as curator (support guardian) if, in the future, you lose the ability to manage your own affairs.
- Voluntary public deed.
- It replaces the former forms of guardianship for adults.
- It strengthens autonomy and protects vulnerable people.
Assistance
An act by which a person with full capacity voluntarily appoints someone to help them with legal decisions.
- It is formalised by public deed.
- Useful for older people or those facing temporary difficulties.
- It can be limited to certain acts (banking, medical, etc.).
Setting up a Protected Estate (Patrimonio Protegido)
Allows assets to be set aside exclusively for the benefit of a person with a disability.
- Beneficiaries: people with an officially recognised disability.
- Public deed before a notary.
- It offers significant tax advantages for the contributor.
Contribution to a Protected Estate
Transfer of assets or rights to an already established protected estate for the benefit of the person with a disability.
- Notarial formalisation.
- It can be made by relatives or third parties.
- Income tax (IRPF) deduction for the contributor.
Note: All these acts are carried out by public deed before a notary, require specific documentation and have immediate legal effect.