Family and Marriage
Notarial family matters: marriage (preliminary file and ceremony), registered partnerships, marital property agreements, divorce by mutual consent, dissolution of matrimonial property regimes and emancipation.
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Capitulaciones matrimoniales (marital property agreements) allow spouses to establish or change the property regime of their marriage. They can be executed before the wedding (prenuptial) or after marrying (postnuptial).
Prenuptial Agreements
Executed before the wedding
(Approximate cost 150€)
Required documents:
Identity documents and personal details
Identity documents and personal details of both signatories.
Planned wedding date
State the planned date of the wedding.
IMPORTANT: The agreement expires after 1 year, so it is advisable to sign it as close as possible to the wedding.
As the marriage has not yet taken place, the signatories take the copy with them and submit it themselves to the Registro Civil when they marry.
Postnuptial Agreements
Executed after the wedding
(Approximate cost 250€)
Required documents:
Identity documents and personal details
Identity documents and personal details of both signatories.
Marriage certificate or Libro de Familia
Up-to-date marriage certificate or Libro de Familia (Spanish family record book).
The notary's office will handle the registration.
Liquidation of the property regime: When entering into a postnuptial agreement, the spouses may own assets acquired while the régimen de gananciales (community property regime) was in force. In that case, they should liquidate the matrimonial property regime and allocate the assets between them.
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