international family law

Argentina

Define Your Future Together

Legal Framework Since August 2015

Under Argentine legislation enacted in August 2015, couples planning to marry can enter into a marital property agreement. This agreement allows them to determine how their assets will be managed during the marriage.

Choice Between Property Regimes

Couples can choose between two main types of property arrangements:

  • Community Property: Assets acquired during the marriage are shared.

  • Separate Property: Each spouse retains ownership of their individual assets.
Argentina prenup agreements

What the Agreement Can Include

In addition to choosing a property regime, the couple can:

  • Specify which assets each spouse brings into the marriage.

  • Identify any gifts exchanged between them before or during the marriage.

Requirements for Legal Validity

To be legally valid, the agreement must be:

  • Formally documented by a notary (notarially recorded).

  • Registered with a marginal note in the official marriage certificate, indicating the chosen property regime. This ensures the agreement is valid with respect to third parties.

Modifying the Agreement After Marriage

Conditions for Changes

Spouses may change their property arrangement after marriage, but only if:

  • Both agree to the change.

  • At least one year has passed since the marriage.

  • The modification is again documented by a notary.

Rights of Creditors

If the new agreement could affect existing debts or obligations:

Creditors have the right to object, but they must do so within one year of becoming aware of the modification.