We are often asked if English law recognises pre marital contract. English law differs from the rest of Europe as we have a common law system where the “matrimonial regime” is not a fixed system granting specific rights from the moment of marriage.
In Spain for example, the normal or default regime is gananciales or community of property. On divorce, this provides for the equal sharing of these assets that have accrued during the marriage. A couple can elect to maintain separation of assets where each maintains and owns their own property even on divorce.
As the English regime is not defined as community of property, it is often assumed to be separation assets. This can lead to serious problems when an English couple divorce in Spain.
For more information contact De Cotta Law on +34 952 931 781