Prenuptial Agreement in SpainUpdated on Friday 02nd December 2016
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A prenuptial agreement is a legal document signed by two persons getting married in Spain, with the purpose of establishing the terms and conditions that must be respected in the situation in which the respective marriage will fall apart and the couple will decide to get a divorce. In order to draft a prenuptial agreement in Spain, the spouses will need the assistance of a Spanish lawyer. Those who consider that they should sign a prenuptial agreement can address their inquiries to our team of lawyers in Spain.
What is a prenuptial agreement?
The prenuptial agreement is a written document that stipulates the manner in which the parties will handle a divorce, in the situation in which such an event might occur over the years. It stipulates the way in which the couple’s assets will be divided in this particular situation. A prenuptial agreement is considered a useful legal tool which can prevent many other issues that can derive from a divorce.
It can be drafted taking into account various financial aspects which can also relate to the child’s alimony, in the case the spouses have children. Overall, the document can facilitate the process of getting divorced in Spain, as numerous aspects have already been agreed upon. Our team of attorneys in Spain can provide legal advice on this matter.
Legal aspects related to Spanish prenuptial agreements
When drafting a prenuptial agreement, it is important to know that the document will be enforced by the Spanish authorities once the divorce procedures are started. However, this may not be the case if the document is not favourable to the couple’s children or to one of the parties.
A prenuptial agreement in Spain follows the rules and regulations imposed by the European Union’s Council Regulation 1259/2010. This refers to the rules of law that can be applied in this case and there are several options, prescribed by the Article 5:
• the rule of the state in which the document was signed;
• the rule of the state in which one of the party (or both) are habitually residents;
• based on regulations applicable in the country where the persons are national citizens.
Persons interested in receiving more details on the prenuptial agreement are invited to contact our law firm in Spain.