What does it consist of?

Marriage covenants are intended to establish the economic regime that will govern the married life of spouses or future spouses. In addition, they can include all the clauses that they consider relevant and even pacts for situations of separation or divorce.

As they are not mandatory, in case of failure to present themselves will be governed by the regulations of the Autonomous Community where they reside. For example, in Catalonia and the Balearic Islands property separation is applied; in Navarre, legal society of conquests; in Aragon, marital consortium; and in common law, the society of vested interests.

Modalities of marriage capitulations:

• Separation of Property In this regime, each spouse retains complete independence over their property. Although in Catalonia this regime is automatically applied by law, in other autonomous communities it is necessary to formalize capitulations. Even in Catalonia, it is recommended to sign agreements to establish rules in case of separation or divorce, such as the non-obligation to pay a life pension if both spouses work.

• Matrimonial property Marriage under the regime of matrimonial property means that all income during the marriage is considered common property, except for that which was held individually before the marriage. Unlike the separation of property, the estate is divided between both spouses.

• Community of Property This regime occurs when several people share the ownership of a property. In this case, marriages have rights and responsibilities based on their share of participation.

• Participation This regime is established by contract and is similar to the separation of property, but in case of separation, both spouses share both losses and gains from the estate.

Required documentation

Before marriage

• National identity card.

After Marriage

• National identity card.

• Family book.

In which situations can this service be used?

Any union, whether through marriage or through civil partnership registration, carries a number of property implications, which may include expenses, asset management, and future household planning. Therefore, it is advisable to formalize marriage capitulations.