COMMUNICATION: Marriage agreements: their role in marriage

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COMMUNICATION: Marriage agreements: their role in marriage

(Information sent by the signatory company)

Importance and functionality of Marital Agreements in the Spanish legal system, explained by the Català Reinón Abogados firm

Barcelona, ​​April 5, 2024.- Marriage agreements represent a vital contract in which future spouses, or those already married, determine the economic regime of their union, an essential tool for the organization of assets within marriage. This agreement, which must be formalized in a public deed before a notary for its validity and subsequent registration in the Civil Registry, offers a solid basis for coexistence by clearly defining how shared assets and financial responsibilities will be managed, as the law firm explains. in Barcelona, ​​Català Reinón. The Royal Spanish Academy defines marriage agreements as "agreements made between the spouses, before or during the marriage, that organize the marital economic regime and, eventually, also establish succession agreements." According to the Spanish Civil Code, specifically in articles 1325 to 1335, these provisions can include not only the economic regime, but also agreements on cohabitation and decisions in case of marital crisis. In Spain, there are mainly three matrimonial economic regimes: that of community property, the separation of property and the participation regime. Each offers different forms of management and ownership of assets within marriage, from complete sharing of earnings to the financial independence of each spouse. The choice of one of these regimes depends on the personal and professional circumstances of the spouses, as well as their joint vision of the management of their assets. In regions with specific legislation such as Catalonia, the property separation regime is applied by default, but marriage agreements allow spouses to specify and adapt the economic terms of their union to their particular needs. The absence of marriage agreements in Spain entails the automatic application of the community property regime, as explained by the law firm in Madrid, Català Reinón Lawyers, sharing the benefits and gains obtained during the marriage. However, capitulations offer unique flexibility, allowing spouses to modify their matrimonial property regime at any time, as long as there is consensus and it is formalized before a notary.

Contact Contact name: gemma reinon tardaguila Contact description: CATALA REINON ADVOCATS, SLP Contact phone: 34685996721