Recently, my partner and I were happily discussing marriage, but we also touched on some very practical questions, like—should we get a prenuptial agreement? I feel this topic isn’t often discussed in the expat community and can even feel a bit taboo, but I personally believe that laying everything out on the table is better for both of us. So, I did some research and I’m sharing it here, along with some [information on property notarization in Spain], for others who might have the same questions.
What are Capitulaciones Matrimoniales?
Simply put, it’s a legal document that defines how a couple’s assets will be managed, distributed, and liquidated during the marriage and in the event of its termination. It’s similar to what we commonly call a ‘prenuptial agreement,’ but not exactly the same. This agreement can be signed not only before the marriage but also at any time after, and it can be modified to change your marital property regime.
In Spain, if a couple doesn’t make a specific agreement before or during the marriage, for instance when adding names to property deeds in Spain, the default legal marital property regime of their region automatically applies. This regime varies by autonomous community. In most regions, like Madrid and Andalusia, the default is the community of property (sociedad de gananciales). This means that any income earned and assets acquired by either spouse after marriage belong to both. However, in regions like Catalonia and the Balearic Islands, the default is the separation of property (separación de bienes), where each spouse manages their own assets independently.
Comparison of the Two Main Property Regimes
To help you understand, here is a simple table explaining the main differences between the two regimes:
| Feature | Community of Property | Separation of Property |
|---|
| Asset Ownership | Assets acquired after marriage are community property | Each spouse’s assets remain their own, including those acquired after marriage |
| Debt Liability | Debts incurred by one spouse may need to be paid from community assets, a financial consideration much like understanding [notary fees in Spain] when buying a home | Each spouse is responsible for their own debts, which do not affect the other’s assets |
| Applicability | Default regime in most regions of Spain | Default in regions like Catalonia, or chosen by agreement |
| Divorce Settlement | Community property is divided equally | No liquidation needed; each spouse keeps their own assets |
Deciding to get a prenuptial agreement is mainly about choosing a non-default property regime. For example, if you are getting married in Madrid but want a separation of property regime, you would need to go to a Notary (Notario) to sign the Capitulaciones Matrimoniales. The process is not complicated: bring your identification documents, explain your wishes to the notary, have the document drafted, and both parties sign. The cost is typically between €60 and just over €100, depending on the notary’s fees and the complexity of the document. So, it’s not a huge ordeal. Rather, it’s more like a way to respect and protect each other’s financial independence, especially if one partner has their own business or significant personal assets before the marriage. In such cases, planning ahead is highly recommended.
