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Marriage Agreement in Spain: Understanding the Essentials

Getting married is undoubtedly a significant milestone in the lives of two individuals who are in love and wish to spend their lives together. However, getting married also means that they will be entering into a legal contract. And just like any other contract, it is important to understand what you are getting into before signing on the dotted line.

In Spain, a prenuptial agreement is known as a marriage agreement or “Capitulaciones Matrimoniales.” This agreement is a legal document that outlines the rights and obligations of both parties in the event of a divorce or separation. It can cover a variety of topics, including property, finances, and custody of children.

Why get a marriage agreement?

A marriage agreement can be particularly beneficial for couples who have significant assets or debts before getting married. It allows them to protect their assets and decide how they will be divided in the event of divorce or separation. It can also offer certainty and prevent legal disputes between parties in the future.

What should a marriage agreement include?

A marriage agreement in Spain typically includes the following:

1. Identification of the parties – The agreement should clearly identify the names, ages, and addresses of both parties.

2. Division of assets – The agreement should outline the division of property and assets acquired before and during the marriage.

3. Debts – Any debts that are jointly incurred should be addressed in the agreement.

4. Alimony – The agreement should also address alimony payments or if they are not needed, that should also be included.

5. Child custody – The agreement should address child custody and support in the event of divorce or separation.

It is important to note that while a marriage agreement can provide a sense of security, it cannot be used to circumvent or violate any Spanish law.

How to get a marriage agreement in Spain?

Both parties must agree to the terms of the marriage agreement, and it must be signed in the presence of a notary public. The marriage agreement must be registered at the Civil Registry of the place of residence of the married couple.

In conclusion, a marriage agreement is a legal document that outlines the wishes of both parties in the event of a divorce or separation. It can provide a sense of security and prevent legal disputes. If you are considering getting married in Spain, it is essential to understand the importance of a marriage agreement and to seek professional advice for drafting the document.