Pre Marital Contracts – “Pre Nuptial” or “Pre Nup” In Spain

Filed under : Family Law

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 2 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 defines 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 on this subject, or to make an appointment for a
private consultation, please contact us at De Cotta Law, De Cotta McKenna & Santafé on:

Tel.: +34 952 931 781
Fax: +34 952 933 547