What does it consist of?

Marriage agreements aim to establish the financial regime that will govern the marital life of spouses or future spouses. Additionally, they can include any clauses deemed relevant, including agreements for separation or divorce situations.

Since they are not mandatory, if no agreement is presented, the marriage will be governed by the regulations of the Autonomous Community where the spouses reside. For example, in Catalonia and the Balearic Islands, a separation of assets applies by default; in Navarre, the legal system of acquisitions; in Aragon, a marital consortium; and under Common Law, the community property system.

Types of Marriage Agreements:

  • Separation of Assets
    In this regime, each spouse retains complete independence over their assets. Although this regime applies automatically by law in Catalonia, in other Autonomous Communities, it is necessary to formalize an agreement. Even in Catalonia, it is recommended to sign an agreement to establish rules in case of separation or divorce, such as the absence of an obligation to pay lifelong alimony if both spouses are employed.

  • Community Property
    Marriage under the community property regime means that all income earned during the marriage is considered shared property, except for assets individually owned before the marriage. Unlike separation of assets, the property is divided equally between both spouses.

  • Joint Ownership
    This regime applies when multiple individuals share ownership of an asset. In this case, spouses have rights and responsibilities based on their percentage of ownership.

  • Participation
    This regime is established by contract and is similar to the separation of assets, but in case of separation, both spouses share both the losses and gains of the estate.

Required Documentation

Before Marriage

  • National identity document.

After Marriage

  • National identity document.

  • Family book.

In what situations can this service be used?

Any union, whether through marriage or registered domestic partnership, involves a series of financial implications, including expenses, asset management, and future household planning. Therefore, it is advisable to formalize a marriage agreement.