Prenuptial Agreement in Spain: Matrimonial Property Regimes

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What is a Prenuptial Agreement?

A prenuptial agreement is not about distrust — it is about establishing clear rules for the future. It helps prevent conflicts related to major purchases, loans, and investments, while clearly defining what is considered joint property and what remains personal.

It is especially relevant when: one of the spouses owns a business, real estate purchases are planned, there are children from previous relationships, the couple lives or operates between different countries.

We explain in clear and practical terms which risks a prenuptial agreement covers and which provisions are legally effective in Spain. We assist in selecting the appropriate matrimonial property regime and prepare the agreement and documentation required for notarization.

Matrimonial Property Regime

The matrimonial property regime determines how assets and liabilities are distributed during marriage and in the event of divorce.

  • Under the separation of property regime, each spouse retains ownership of assets registered in their own name, including those acquired during the marriage.
  • Under the community of property (gananciales) regime, assets acquired during the marriage are generally considered jointly owned by both spouses.

We help you choose the regime that best reflects your real-life circumstances, including: income sources, real estate acquisition plans, business ownership, loans and financial obligations, family responsibilities.

🎯 Our goal is to ensure that the chosen structure is clear, practical, and provides real protection in everyday situations — not only in theory.

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