A prenuptial agreement allows you to choose or change the matrimonial property regime (for example, community of property or separation of property).
They are a useful tool for clearly organising one’s assets and avoiding future uncertainties, particularly where there are existing assets, business activities or new family circumstances.
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A matrimonial property agreement is a contract where a couple decides how the financial side of their marriage will be organized. The most common decision is choosing between community property or separation of property.
If no agreement is signed, the law automatically applies the default regime (in most regions, community property). By signing a marriage contract before a notary, you can choose the regime that best fits your needs. This can be done either before getting married or at any time during the marriage.
To be valid, the agreement must be signed in front of a notary, who will make sure it reflects the couple’s wishes and complies with the legal requirements.
For a marriage contract to be valid, it must be executed in the form of a public deed before a notary.
Afterwards, it must be registered in the Civil Registry, together with the marriage record, in order to be effective against third parties.
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