Prenuptial Agreements in Spain

If you are contemplating marriage or civil partnership in Spain, you could benefit from a prenuptial agreement service, especially if you wish to define the financial boundaries of the marriage. 

It is common for divorcing couples to face financial uncertainties regarding asset division following the end of a marriage. 

This service provides a legal framework that clarifies asset distribution, thus averting potential disputes. By addressing financial expectations upfront, it fosters transparency between partners, mitigating future conflicts. 

This service is particularly beneficial for those with significant pre-marital assets, anticipating inheritance, or having children from previous relationships.

To utilize this service, individuals must be of legal age—18 or 16 with judicial consent. They should be of sound mind, although those with incapacity can sign a pre-nup to a certain extent with authorized assistance from parents, guardians, or legal representatives

1. The procedure commences with a thorough contemplation of asset division preferences. 
2. Upon clarity, a legal team is engaged to review and ensure the legality of these preferences. 
3. Following this, the prenuptial agreement is drafted and signed by both parties in the presence of a notary public. 
4. Post marriage or civil partnership, the agreement is recorded in the Civil Registry adjacent to the marriage record.

1. Prenuptial agreements in Spain are legally binding, offering a clear delineation of each party's financial rights, thus minimizing potential discord in case of divorce​.
2. They promote open communication regarding financial expectations and responsibilities, which can only promote and support marital harmony​.
3.  Moreover, they provide a structured legal framework for asset division, offering peace of mind to the parties involved.

1. Initial Consultation: Understanding the client's financial situation and their expectations regarding asset division.
2. Legal Advice: Offering insights on the legal and financial implications of a prenuptial agreement, ensuring it aligns with Spanish laws.
3. Drafting the Agreement: Creating a comprehensive prenuptial agreement that reflects the interests of all parties.
4. Review and Modifications: As necessary, to ensure that the agreement is fair and balanced, making necessary amendments.
5. Notarisation: Facilitating the signing of the agreement in the presence of a notary public.
6. Registration: Ensuring the prenuptial agreement is recorded in the Civil Registry post marriage or civil partnership