Whether you’re entering marriage with significant assets or navigating a cross-border relationship, prenuptial and postnuptial agreements in Spain can provide financial clarity and legal protection. These contracts are especially important for foreigners, international couples, and those with complex property or inheritance concerns.
This guide explains how prenups and postnups work under Spanish law — and why having one can help avoid future disputes.
🧾 What Is a Prenuptial Agreement in Spain?
A prenuptial agreement (capitulaciones matrimoniales) is a legally binding contract signed before marriage that outlines how property and finances will be handled during and after the relationship.
A postnuptial agreement is the same type of contract, signed after marriage.
Both are governed by the Spanish Civil Code, and must be formalized before a notary public to be valid.
📜 What Can a Spanish Prenup Include?
✅ Your agreement can cover:
-
Ownership of property acquired before or during the marriage
-
How assets and debts will be divided in case of separation or divorce
-
Income and expense sharing rules
-
Choice of marital property regime (e.g., separate or joint assets)
-
Spousal support (in some cases)
-
Clauses regarding inheritance planning for children or stepchildren
🚫 It cannot include:
-
Child custody or visitation terms (these must be decided by a judge)
-
Waivers that violate public policy or equality
💼 Common Property Regimes in Spain
When you marry in Spain — or choose Spanish law — you must select a marital property regime:
1. 🔗 Community of Property (sociedad de gananciales)
All assets acquired during the marriage are shared equally, unless excluded by gift or inheritance.
2. 🔐 Separation of Property (separación de bienes)
Each spouse owns and manages their own assets and debts — common among international couples.
You can change regimes later with a postnup agreement.
🌍 Can Foreigners Sign a Spanish Prenup?
Yes. Foreigners living in or marrying in Spain can enter into prenuptial or postnuptial agreements — but some extra steps may apply:
-
If you are governed by foreign law, you may need to declare applicable law
-
All documents must be translated and apostilled (if not in Spanish)
-
The agreement must be signed before a notary public in Spain
Spanish courts recognize prenuptial agreements from abroad, if they meet validity rules under international private law.
🧠 Why International Couples Need a Prenup
If you or your spouse:
-
Have assets in multiple countries
-
Own a business or receive inheritances
-
Expect a complex divorce in case of separation
-
Have children from previous relationships
… then a prenup can avoid jurisdictional confusion and protect your interests under both Spanish and international law.
✍️ How to Draft a Valid Agreement in Spain
To be legally enforceable:
-
Choose your marital regime
-
Draft the agreement in Spanish (and/or bilingual format)
-
Sign before a Spanish notary public
-
Register the agreement at the Civil Registry where the marriage is recorded
It’s advisable to consult an experienced family lawyer — especially if your assets or background are international.
🔄 Can a Prenup Be Changed?
Yes. You can modify or revoke a prenuptial or postnuptial agreement at any time — by signing a new notarial deed and registering it.
Changes apply only from the date of signing forward (not retroactively).
👩⚖️ What If There’s No Agreement?
If no prenup or postnup is signed, the default marital regime will apply:
-
Community of property in most regions of Spain
-
Separation of property in Catalonia, Balearic Islands, and some other autonomous regions
This can significantly affect your rights in case of divorce, debt, or death.
⚖️ How Borderless Lawyers Can Help
We help international couples:
-
Draft and notarize prenups or postnups in Spain
-
Navigate cross-border marital property laws
-
Register agreements and advise on inheritance impacts
-
Translate and validate foreign marriage contracts