Considerations on Marriage Contracts

In Spain, except in regions with their own Foral Law (such as Galicia, the Basque Country, Aragón, Navarra, Catalonia, the Balearic Islands, and some areas of Extremadura), the default matrimonial regime is the Community of Acquests. Through Marriage Contracts , spouses can agree to modify this default regime, for example, by choosing separation of property.




Important

If the future spouses have different civil jurisdictions, as in the case of a person from Catalonia and a person from León, the Marriage Contracts allow them to decide which law will govern their marriage. They can choose between common law (Civil Code) or the specific law of one of the regions, such as Catalan law.

If no Marriage Contracts are made, the law governing the marriage will be that of the place where the couple establishes their immediate residence after marriage. For example, if they settle in Barcelona, Catalan law will apply, and the regime will be separation of property. If they move to León, the Civil Code will apply, and the default regime will be the Community of Acquests.




Documents Required for Marriage Contracts

  • If the parties are single and wish to marry within the year, they only need to appear before the notary with their DNI/NIF.

  • If the parties are already married and want to change the economic regime of their marriage, they must present both their DNI and their family book.




Marriage Contracts can be made either before or after the marriage.

For them to be effective against third parties, they must be registered in the Civil Registry where the marriage was formalized.