Making the decision to get married involves making other important decisions to define how the couple’s life together will be governed, and this also touches the economic level.
It is important to always and in any case be advised by a lawyer before taking the step, so that both parties are clear about the implications of the union with regard to their assets.
In addition, specific agreements can be made on how the assets of both parties will be divided (with certain limits), through the so-called marital contracts. Today I analyze what are the matrimonial capitulations and how they work in Catalonia. If you need help or advice without obligation, please contact me.
What are the marriage contracts?
Why sign them?
In general, we say that the marriage contracts are agreements celebrated before, in the act of contracting marriage or after this one, with the purpose of regulating the economic regime of their marriage or, in general, any other related disposition, with certain limits.
This instrument has become an essential tool for any marriage, especially if we are talking about large estates.
In this way, it is easy to foresee the consequences of a possible separation or divorce, and how the couple’s assets will be managed.
Carrying out this procedure should not be conceived, contrary to what is often thought, as something uncomfortable or the result of mistrust: it is a matter of both parties feeling comfortable with the implications of the decision to carry out a life together.
On the other hand, it is always better to negotiate amicably the matrimonial property regime than to try to reach agreements at a time of conflict, so anticipating possible future less favorable situations is always a wise decision.
It is a matter of bringing peace of mind, and also of avoiding economic quarrels that may hinder the relationship later on.
Marriage contracts in Catalonia
The marital contracts serve (although not exclusively) to fix the economic regime of the marriage.
In the case of Catalonia, the matrimonial property regime that is applied by default is the separation of property, contrary to what happens in practically the rest of Spain, where the community property regime is applied unless otherwise agreed.
Beyond the choice of the economic regime, the agreement can be adapted to what the parties wish.
For example, it can include donations from the parents of the couple to the latter or agreements in anticipation of a marital crisis..
These are the most common cases, beyond the mere choice of the matrimonial property regime:
– Settlement agreements
It is a matter of anticipating a possible breakup and setting up liquidation or division of the common assets.
– Determination of whether an asset is community property or personal property
The idea is to clearly indicate whether an acquired or disposed property belongs to the couple or to only one of the parties, in order to avoid doubts in the future.
– To regulate the custody regime of the children in common
It is a question of agreeing the requirements on the basis of which the custody would go in favor of one or the other spouse, although it is not valid to agree beforehand how the custody would be distributed.
This decision will depend on the moment and will have to be validated or taken (depending on whether or not there is agreement between the parties) by a judge.
What is appropriate is that, if the common children are minors, the interest of the minor takes precedence over any agreement reached, so that what has been stipulated in this sense can be rendered ineffective if the judge considers it so.
However, it is still a very useful instrument.
If the judge considers that the custody system devised is not in the best interest of the children, he/she may modify it. You may be interested in: Shared custody in case of separation or divorce.
– Compensation benefit
A very common agreement is usually a compensatory benefit for one of the spouses, in case of separation or divorce, as well as the conditions for this to be given or to be without effect.
It is worth remembering that the compensatory pension is the one that receives the spouse, on the part of the other spouse, to whom the separation or divorce has produced a situation of economic imbalance in relation to the position of the other spouse, that is to say, that economically his situation has worsened with respect to the one he had during the marriage.
How much do marriage contracts cost and how are they processed?
The cost of the deed of capitulations is around 60 euros, and it is made before a notary, being collected in a public document, but it is necessary to have the previous advice of a lawyer.
In addition, you can change the economic regime of the marriage as many times as you want, although it is not usual to carry out changes of this type more than once.
It is important to know that only by making a public deed of matrimonial property settlement before a notary it is possible to change the economic regime.
In addition, it can be done at any time, not necessarily at the time of the wedding.
If you did not decide to do it at first, there is always time to take the step later.
Of course, it is essential that both parties agree to carry out the change.
It is important to bear in mind that, if you sign your marital contracts before the marriage, this one will have to be celebrated within one year from the signature of the public deed of marital contracts, and the economic regime chosen will come into effect after the marriage.
If the marriage is not contracted within that period, the agreement will be without effect.
