In this section we explain what Marriage Agreements are and what role the notary plays in them.
The marriage settlement They are a legal agreement between the spouses that establishes the economic regime that will govern the marriage. These agreements can be made before or after the wedding and serve to determine how the finances of the spouses will be managed during the marriage, as well as the division of assets and properties in the event of separation, divorce or death of one of the spouses.
In Spain, if a marriage settlement agreement is not established, the economic regime that governs by default is that of the community of property. In this regime, the assets and earnings obtained during the marriage are considered common and are divided equally between the spouses.
However, couples can opt for other economic regimes, such as the separation of assets, in which each spouse retains ownership of their assets and takes charge of their own debts, or the participation regime, which is a mixture of both. systems.
How are marriage agreements formalized?
They must be formalized in public deed before a notary and, in some cases, may also require enrollment in the Civil Registry or in other public records, depending on the nature of the assets and rights included in the agreement.
These agreements cannot contain clauses that go against the law, morality or good customs, or that affect the personal rights or family relations between the spouses.
In Spain, marriage agreements are mainly regulated by the Civil Code, especially in the articles 1315 to 1348. These articles establish the general rules on matrimonial property regimes, including the joint venture, the separation of assets and the participation regime, as well as the specific provisions on the formalization, modification and extinction of matrimonial agreements.
In some Autonomous Communities of Spain, there are specific laws and regulations that may affect marriage agreements and economic regimes. For example, in Catalonia, the Catalan Civil Law Code regulates these issues, and in the Basque Country, the Basque Foral Civil Law also has relevant provisions.
Given the complexity of the laws and regulations, it is important that couples wishing to enter into a contract of marriage consult a legal professional to ensure that the agreement complies with the laws applicable to their case.