Prenuptial Agreements

Do You Know What Prenuptial Agreements Are?

Prenuptial agreements are legal agreements between future spouses or already married couples that establish how assets and debts will be managed during the marriage and in case of divorce or death. (In other words, they allow couples to define the economic regime of their marriage.)

Importance of Prenuptial Agreements

Protection of Assets: They help protect individual and family assets in case of divorce.

Financial Transparency: They promote financial transparency between spouses.

Inheritance: They facilitate the planning of inheritances and successions.

Types of Economic Regime

Separation of Assets Regime:

• Each spouse maintains the ownership and management of their assets acquired before and during the marriage.

• Income and debts are also independent.

Community Property Regime:

• All assets acquired during the marriage are considered common property of both spouses.

• Debts are also shared unless otherwise stipulated.

Participation Regime:

• Spouses retain ownership of their assets, but upon dissolution of the marriage, the increase in wealth obtained during the marriage is divided.

When to Sign Prenuptial Agreements?

Before Marriage:

• It is ideal to sign prenuptial agreements before getting married so that both parties are clear about their rights and obligations.

After Marriage:

• They can also be signed after getting married but must be mutually agreed upon.

Procedure to Sign Prenuptial Agreements

Legal Consultation:

• Seek advice from a lawyer specialized in family law to understand all the legal implications.

Drafting the Agreement:

• The lawyer drafts the document detailing the terms agreed upon by both spouses.

Signing the Agreement:

• Sign the agreement before a notary public to give it legal validity.

Registration:

• Register the prenuptial agreements in the Civil Registry or Property Registry as necessary.