Prenuptial agreements in Spain are legal documents and as a result, legally binding. This sort of agreement is particularly useful because it sets out both of your wishes clearly regarding the effects of a future divorce.
However, because it is a legally binding document, a prenuptial agreement needs careful consideration and competent legal advice. Ensuring the agreement is balanced and meets legal requirements will save you time, stress and probably, resentment later on.
In this guide, we look at the essential aspects of prenuptial agreements in Spain and their consequences. If you would like advice on making such an agreement, get in touch for a non-obligation consultation.
- What is a prenuptial agreement?
- Why is a prenuptial agreement a good idea?
- How can we ensure the agreement is fair?
- What’s the procedure for signing a prenuptial agreement in Spain?
- How long before a marriage can you sign a prenuptial agreement in Spain?
- How much does it cost to have a prenuptial agreement?
- What do we do next?
What is a prenuptial agreement?
In essence, it’s a document explaining exactly what happens to matrimonial assets when the marriage or partnership ends because of separation or divorce. For example, it explains the couple’s wishes for:
- Alimony in the case of support for the other spouse.
- Assets (including property and moveable assets) and how these will be divided between the two parties.
- Division of matrimonial property in case of Divorce (including property and moveable assets)
The agreement is signed by both parties before they get married (prenuptial) or may be signed at a later date (postnuptial).
Why is a prenuptial agreement a good idea?
Although it might sound like bad luck to be discussing the possibility of divorce before you have even married, having a prenuptial agreement makes everything easier and less stressful later on.
Thinking clearly about how to divide your assets without the hard feelings and anger that often accompany divorce allows both your wishes to be observed. It also helps avoid court proceedings in the event of a divorce, which are costly and lengthy.
How can we ensure the agreement is fair?
Because prenuptial agreements are legally binding, they require legal advice to ensure that both parties’ interests are protected and that the agreement is balanced between the two.
What’s the procedure for signing a prenuptial agreement in Spain?
You should first think carefully about how you wish the matrimonial assets to be divided. Once you’re clear on this aspect, get in touch with our legal team who will be happy to check your ideas and ensure they are fully legal.
After checking your wishes, the team draws up the prenuptial agreement and both parties sign it in the presence of a notary public. When you get married or become civil partners, the agreement is noted in the Civil Registry next to your marriage.
How long before a marriage can you sign a prenuptial agreement in Spain?
Once you’ve signed the agreement, you must get married within one year to validate the agreement.
How much does it cost to have a prenuptial agreement?
The exact cost varies depending on the content of the agreement and your personal and financial circumstance.
What do we do next?
Get in touch with our legal team to find out more.