If you’re getting married in Spain or planning a cross-border marriage, a prenuptial agreement (capitulaciones matrimoniales) can help protect your financial interests. These contracts are common among international couples — but they must follow specific rules under Spanish law to be valid.
This guide explains how prenuptial agreements work in Spain, especially for foreigners.
📜 What Is a Prenuptial Agreement in Spain?
A prenuptial agreement (or marital agreement) defines how assets, debts, and income will be managed during marriage and how they’ll be divided if the couple separates or divorces.
⚖️ Legal Requirements for Validity
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🏛️ Must be signed before a Spanish notary
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📄 Must be executed before or during the marriage
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📝 Must clearly outline the chosen marital property regime
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📚 Must comply with Spanish legal standards (cannot override basic rights)
💼 Types of Marital Property Regimes in Spain
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💰 Separación de Bienes (Separation of Property): Each spouse owns their own assets.
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🏠 Sociedad de Gananciales (Community Property): Assets acquired during marriage are jointly owned.
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📊 Participation Regime: A mix, allowing sharing of gains after separation.
Foreigners often choose separation of property for simplicity and protection.
🌍 Are Foreign Prenups Recognized in Spain?
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Prenuptial agreements made abroad may be recognized, but must comply with Spanish public order rules.
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Legalization and official Spanish translation may be required.
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It’s often safer to sign a new prenup before a Spanish notary.
🛡️ How Borderless Lawyers Can Help
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Drafting prenuptial agreements that meet Spanish and international legal standards
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Advising on the best marital property regime for your situation
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Reviewing foreign prenups for enforceability in Spain
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Providing notarial coordination and translations
📌 Summary: Prenuptial Agreements in Spain
| Topic | What You Need to Know |
|---|---|
| Notary Required | Must be signed before a Spanish notary |
| Timing | Before or during the marriage |
| Foreign Agreements | May need translation and recognition |
| Marital Property Types | Separation, community, or participation regime |
📞 Contact Borderless Lawyers Today
Planning a marriage in Spain? Protect your assets with a legally sound prenuptial agreement. Borderless Lawyers helps international couples navigate Spanish law with confidence.