Prenuptial Agreements in Spain: How Expats Can Protect Their Assets (Insights from a Family Lawyer)
Are you an expat in Spain planning to get married? If so, it’s worth considering a prenuptial agreement to protect your assets and clarify financial arrangements before tying the knot. As experienced family lawyers, we’ve seen how a well-drafted prenup can provide peace of mind for international couples. In this article, we explain what prenuptial agreements entail in Spain, why expats might need one, and how to go about arranging a prenup.
What Is a Prenuptial Agreement?
A prenuptial agreement is a legally binding contract between two partners made before marriage. It outlines how assets, debts, and other financial matters will be handled in the event of divorce or separation. In Spain, spouses can choose different matrimonial property regimes (such as gananciales – community property, or separación de bienes – separation of assets) either by default law or through a prenup. For expat couples, a prenup is especially useful because it allows you to select the applicable law and regime for your marriage, which can be crucial if you and your future spouse are from different countries.
Key points about prenups in Spain:
- Flexibility: You can specify how properties, bank accounts, businesses, and other assets will be divided.
- Debt Protection: Protect one spouse from the other’s debts by agreeing to keep liabilities separate.
- Inheritance Considerations: Ensure certain personal or family assets are preserved for children from previous relationships.
- Applicable Law: International couples can designate which country’s law governs their marriage’s financial aspects, thanks to EU regulations, as long as at least one partner has a connection to that jurisdiction.
Why Should Expats Consider a Prenup?
For many expatriates in Spain, marriage can bring together assets and interests from multiple countries. Here’s why a prenup could be beneficial:
- Cross-Border Assets: If you own property or investments abroad (or your fiancé does), a prenup can clarify how those would be treated under Spanish law.
- Business Owners: If you’re an entrepreneur or shareholder, you may want to shield your enterprise from potential future marital disputes. A prenup can outline that business assets remain separate.
- Previous Commitments: Second marriages or partnerships where one or both have children from prior relationships often warrant a prenup to ensure children’s inheritance rights are respected.
- Clarity and Peace of Mind: Discussing financial expectations ahead of marriage can prevent misunderstandings later. It’s not unromantic – it’s practical, especially when different legal systems might otherwise apply.
How to Establish a Valid Prenuptial Agreement
In Spain, to make your prenuptial agreement legally enforceable, you must follow certain steps:
- Consult a Lawyer: Engage an experienced family lawyer in Spain to advise you and draft the agreement. Each party should ideally have independent legal advice, especially if international laws are involved.
- Notarization: Prenups in Spain must be executed in a public deed before a Notary Public. Both parties will sign the agreement in the notary’s presence, confirming that they understand and agree to the terms.
- Timing: The agreement should be signed before the marriage. (If you are already married, spouses can still formalize a postnuptial agreement to change their property regime, but that’s a separate process.)
- Registration: After signing, the marital economic regime (e.g., separation of assets) can be noted in the Civil Registry where the marriage is registered. This step is important to inform third parties of the chosen regime.
Ensuring Fairness and Clarity
A prenup should be fair and entered into without coercion. Both parties must fully disclose their assets and debts during the drafting process. Transparency is key — if one spouse conceals significant assets, it could later undermine the agreement’s validity. Additionally, provisions that might be considered excessively one-sided or against the law (for example, pre-deciding child custody or waiving future child support obligations) may not be enforceable. Our role as your family lawyers is to ensure the terms are reasonable, lawful, and clearly written to avoid any ambiguity.
Conclusion and Next Steps
While no one enters a marriage expecting it to fail, having a prenuptial agreement is a wise step for many international couples in Spain. It’s about planning for the future and ensuring that both partners are on the same page when it comes to financial matters. With the help of a knowledgeable family lawyer, creating a prenup can be a smooth process that ultimately strengthens your mutual understanding.
If you’re an expat considering a prenuptial agreement in Spain, our legal team can guide you through each step. Contact us at Expat & Legal Spain for expert advice tailored to your situation. We are here to help you protect your interests and start your marriage on solid legal footing.
Sandra Márquez
CEO & Lawyer, Expat & Legal Spain