Marriage capitulations, what are they?

When planning a marriage you have to take into account many things, the place where you want to celebrate the ceremony, the after party, the banquet or the organization of the tables, for example. But few people consider the possibility of talking about money in that situation, although it is something important that must be treated as naturally , for the good of both.

WHAT ARE THE MARRIAGE CONTRACTS

It is called marriage agreements, the contract that regulates certain rules that both spouses wish to establish before the marriage is celebrated . The main reason is to adjust the finances of the people who are going to get married , since you can choose between a community property regime or a separation of property.

If you are going to get married and have a significant estate, you may have to agree to a separation of assets with your partner . Perhaps both of you have personal assets and although you want to share it, for prevention it is advisable to stipulate the separation of property in the marriage agreements.

In addition to the economic aspect, the marriage agreements include other wishes that the future spouses want to add . For example, certain pacts in case during the marriage couple crises arise or rules of coexistence that they want to establish. In fact, any aspect related to marriage can be included, within what is established by the law in each country.

IS IT MANDATORY TO SIGN THE MARRIAGE AGREEMENTS?

It is not an essential condition to be able to carry out the marriage , however, it is something important on a personal level. In Spain, in most of the Communities the economic regime for marriages is that of community property . That is to say, the personal assets become the property of the couple once they get married.

This may seem very romantic, but the reality is that your partner not only happens to enjoy your assets during the marriage . If you marry in community property, your partner will have the right to claim a part of that property even if the couple breaks up .

On the other hand, it can be a serious problem for your partner since if you have debts or contract them later, your partner also inherits those debts . So it is not a question of enjoying the money, but of protecting both of you in many situations that may arise throughout the relationship.

HOW THE MARRIAGE AGREEMENTS ARE SIGNED

The law includes a series of rules that regulate the economic situation of marriages , they may be different in each country. Marriage agreements are made under a public deed, that is, it is a public document that is signed before an impartial notary, who is also in charge of advising the future spouses.

Afterwards, they must be registered in the Civil Registry together with the document that certifies the celebration of the marriage. Otherwise, the capitulations will not have legal validity and the marriage will consist of community property, which is the one that appears by default in most cases.

WHEN IT HAS TO BE DONE

If you are going to get married soon and you have not had time to capitulate, do not worry, there is no deadline to do so . They can be done before the marriage or after it has been celebrated, they can even be modified as many times as you want since there is no legal limit.

Throughout life the economic situation usually varies, and you have the possibility and the right to modify the capitulations if you wish, since the law protects you in each case.

You just have to look for an impartial notary, who can also advise you on which is the best option in each case. Depending on your wealth, your personal and partner situation, the notary will recommend establishing a certain regime and including special clauses in the marriage agreements.

Of course, remember that marriage contracts have no legal validity if they are not registered in the Civil Registry . If you make before entering into marriage, you have to marry within a year or lose their validity.

ADVANTAGES AND DISADVANTAGES

Carrying out marital agreements is a benefit for the couple, that is, when they are carried out voluntarily it is because they want to sign a separation of property . In this way, before you get married you can divide the economic assets of each one, the real estate if you have them and also the debts that each one could have.

It’s not about selfishness or little romance, it’s about being practical. Your marriage may last a lifetime and it will be a wonderful relationship, so you will share everything you have with your partner. However, it is also possible that the relationship will break in the future and in that case, it is best for each of them to regain what they had before marriage.

Do not be afraid to discuss this issue with your partner , it is something very important that must be regularized before the ceremony takes place. This is a way to protect both of you against possible problems in the future. Since, if a separation is already painful in itself, imagine that you also have to enter an economic fight.