international family law

Prenuptial Agreements in Spain

Because commitment deserves protection

Are Prenuptial Agreements Enforceable in Spain?

Prenuptial agreements, also known as marital agreements, are indeed enforceable in Spain. According to Article 90 of the Spanish Civil Code, such agreements are valid as long as they do not adversely affect the rights and well-being of the couple’s children or result in serious harm to either spouse. The law seeks to maintain a fair balance between the parties, ensuring that no agreement can override basic legal protections.

prenuptial agreements in spain

Growing Popularity in Recent Years

In recent years, Spain has seen a significant increase in the number of couples choosing to sign prenuptial agreements before marriage. This trend reflects a growing awareness among couples of the importance of financial planning and legal clarity within a relationship. Many view these agreements not as a sign of mistrust, but as a practical tool to avoid potential disputes in the event of separation or divorce.

Why Couples Choose Prenuptial Agreements

There are several reasons why prenuptial agreements have become more common in Spain:

  • Asset protection: To safeguard personal or family wealth, especially in cases involving businesses or inheritances.

  • Debt management: To separate liability for debts acquired before or during the marriage.

  • International marriages: In cases where one or both spouses are from different countries, couples often use prenuptial agreements to clarify which country’s laws will govern their marital property.

Overall, prenuptial agreements are a legal and increasingly popular option for couples in Spain who wish to establish financial transparency and protect their future.