What is it?
A marriage contract (capitulaciones matrimoniales) is a legal agreement between spouses or future spouses that establishes the matrimonial property regime that will govern their marriage, as well as other personal or property arrangements permitted by law.
When can it be made?
- Before the marriageIt will take effect from the moment the marriage takes place.
- After the marriageIt can be made or amended at any time if both spouses agree.
Possible property regimes
- Community property (sociedad de gananciales)Assets acquired during the marriage are jointly owned.
- Separation of propertyEach spouse retains ownership of what they own and acquire.
- Participation regime (régimen de participación)When the marriage is dissolved, the gains obtained are shared.
Notarial requirements
- It must be executed as a public deed (escritura pública) before a notary.
- It must contain the identification of the parties executing it.
- It must set out the property regime and any other agreements.
- If executed before the marriage, it must be recorded at the Civil Registry.
Legal effects
- Between the spousesIt has the force of a contract and governs their financial relationship.
- With regard to third partiesIt must be recorded at the Civil Registry to be fully valid.
- Can be amendedIt can be replaced by a new one if both parties agree.
What else can be agreed?
In addition to the property regime, clauses can be included on:
- Sharing of household expenses and marital obligations.
- Management of jointly owned assets.
- Arrangements for specific assets.
- Provisions in the event of separation or divorce (within the limits of the law).
Practical example
A couple chooses separation of property and formalises it by public deed before a notary. After the wedding, they record the marriage contract at the Civil Registry. From then on, each of them retains individual ownership of their own assets and debts.
Conclusion
A marriage contract is a useful legal tool for clearly defining a couple's financial rules. Executing it before a notary and recording it, where applicable, ensures that it is legally effective.