Family LawPrenuptial agreements

May 19, 2023by Sara Garde0

Prenuptial agreements are the result of negotiation, agreement and compromise of the parties who decide and know how to decide the course of their lives. With an adequate legal advice, such agreements facilitate steps that may in the future lead to unnecessary conflicts that may in turn hinder the conclusion of other agreements in the event of separation or divorce. By clearly setting the rights and responsibilities of each spouse, it provides a solid legal structure governing the distribution of property and other financial matters. This is beneficial for the following reasons:

1º) Reducing disputes: With a prenuptial agreement, couples have pre-established agreements on how property and assets will be divided in the event of divorce. This reduces uncertainty and the possibility of protracted property disputes during the divorce process, thus avoiding the need to go to court to resolve these issues.

2º) Protection of personal property: If one or both spouses enter into the marriage as joint owners of property and, therefore, subject to division in the event of divorce. This is especially relevant when one spouse owns a business or has considerable investments.

3º) Control over asset distribution: By signing a prenuptial agreement, couples can decide in advance how assets acquired during the marriage will be divided. They can establish specific percentages or formulas for the distribution of assets and property, which provides certainty and avoids later arguments.

Is not possible to agree in a prenuptial agreement on any provision that goes against the rights of the children, or that is contrary to morality or public policy.

4º) Protection of family assets: If one spouse has family assets that he or she wishes to protect, a prenuptial agreement can clearly state that those assets will be kept separate and will not be subject to division in the event of divorce. This is especially important when there are family heirlooms or historic properties involved.

5º) Saving legal costs: By having a pre-nuptial agreement, lengthy and costly court proceedings can be avoided. The existence of a pre-arranged agreement can facilitate the divorce process, reduce legal costs and allow for a quicker and less contentious separation.

Acuerdos prematrimoniales o como evitar conflictos futuros

It is important to keep in mind that, while a prenuptial agreement can help to avoid future conflicts, there are certain limits and legal requirements for its validity. For example, it is not possible to agree in a prenuptial agreement on any provision that goes against the rights of the children, or that is contrary to morality or public policy. In addition, it is advisable that both parties receive independent legal advice when drafting and signing the prenuptial agreement to ensure that it is fair and valid.

In summary, a prenuptial agreement in Spain can be an useful resource to avoid future conflicts and provide security and certainty in the event of divorce or separation. However, it is essential to have the advice of a lawyer specialised in family law, to ensure that the agreements complies with all legal requirements.

Sara Garde

More than twenty years of legal activity in the area of International Law, specializing in Family Law, Inheritance and Private International Law.

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