What is it?

Marriage agreements allow those who are going to get married to establish the economic regime that will regulate their property relations or incorporate other agreements related to marriage within the limits provided by law. The marriage must be celebrated within a maximum of one year from the date of granting it. They must be granted in a public deed and, in order for them to be fully effective against third parties, they are registered in the Civil Registry once the marriage has been celebrated. 

What documentation should I provide?

• Valid official identity document of the future spouses.

What procedures does the notary carry out?

Before signing. The notary verifies the identity and capacity of the future spouses, verifies that the marriage has not yet been celebrated, advises on the different options for matrimonial property regime and draws up the deed in accordance with the agreed agreements. 

After signing. Once the marriage is celebrated, the notary office carries out or prepares the necessary procedures for the registration of the capitulations in the Civil Registry. 

Useful information

If marriage agreements are not granted before marriage, the economic regime provided for by the corresponding legislation will apply, unless the spouses subsequently agree to modify it through new agreements.

FREQUENTLY ASKED QUESTIONS

• Is it mandatory to grant marriage contracts?
  • No. They are only necessary if you wish to establish an economic regime different from the one that the law applies on a supplementary basis or include other permitted agreements.
• Can they be signed on the same day as the wedding?
  • Yes, as long as they are granted before the celebration of the marriage. If they are granted later, they are postnuptial capitulations.
• What happens if I do not agree to marriage contracts?
  • That the economic regime of marriage will be the supplementary legal one. In common law territory, such as the Valencian Community, it will be the property regime.