What is it about?

Marriage agreements aim to establish the economic regime that will govern the marital life of the spouses or future spouses. In addition, they may include any clauses the couple considers appropriate, including agreements for situations of separation or divorce.

Since they are not mandatory, if no agreement is presented, the economic regime will be governed by the regulations of the Autonomous Community where the couple resides. For example, in Catalonia and the Balearic Islands, the separation of property applies; in Navarre, the legal community of acquisitions; in Aragon, the marital consortium; and under Common Law, the community property regime (sociedad de gananciales).

Types of marriage agreements:

Separation of Property
Under this regime, each spouse maintains full independence over their assets. Although in Catalonia this regime is automatically applied by law, in other Autonomous Communities, it is necessary to formalize a marriage agreement. Even in Catalonia, it is recommended to sign one to establish rules in the event of separation or divorce, such as not being obliged to pay a lifelong pension if both spouses are employed.

Community Property (Gananciales)
Marriage under the community property regime implies that all income earned during the marriage is considered joint property, except for the assets owned individually before the marriage. Unlike separation of property, the estate is divided equally between both spouses.

Joint Ownership (Comunidad de Bienes)
This regime applies when several individuals share ownership of an asset. In this case, the spouses have rights and responsibilities based on their percentage of ownership.

Participation Regime
This regime is established through a contract and is similar to separation of property, but in the event of separation, both spouses share in the gains and losses of the estate.

Required Documentation

Before marriage:

  • National identity document.

After marriage:

  • National identity document.

  • Family record book.

When can this service be used?

Any union, whether through marriage or civil partnership registration, carries a series of financial implications, which may include expenses, asset management, and future household planning. Therefore, it is advisable to formalize a marriage agreement.