Marital Agreements: Definition and Examples

Toscanolex > Blog > Noticias > Marriage Contracts: Definition and Examples

At Toscanolex, we understand the importance of marriage contracts and how they can infmarriage contracts are, their purpose, and the different economic regimes that can be established through the

What are Marriage Contracts?

Marriage agreements are a contract between future spouses or those already married, which determine the rules that will govern their economic relationship before, during and after marriage. This contract allows couples to define and modify the marital economic regime that best suits their needs and expectations.

Examples of Marriage Contracts

Before Marriage: A couple decides to marry and agrees to establish a separation
During Marriage: A couple with a community property regime decide

Who are Marriage Contracts for?

Marriage contracts are intended for couples who are about to marry or who are already married and wish to establish or change their economic regime. This contract is particularly useful for couples who want clear and defined control over their finances and to avoid potential economic conflicts in the future.

Advantages of Marriage Contracts

Clarity and Transparency: Clearly define the economic rights and responsibilities of each spouse.
Conflict Prevention: Avoid future financial disputes by having a clear agreement from the start.
Asset Protection: Protect personal assets and ensure each spouse retains control over their properties.

When to Make Marriage Contracts?

Marriage contracts can be signed before marriage or at any time during the marriage. It is essential that this contract be executed in a public deed before a notary to have legal validity.

Process of Formalization

Consult with a Lawyer: Seek advice from a family law specialist to understand all the legal implications.
Drafting the Contract: The lawyer drafts the contract according to the couple’s needs and agreements.
Signing Before a Notary: The couple signs the contract in the presence of a notary, who certifies it and grants it legal validity.

Economic Regimes in Marriage Contracts

There are several economic regimes that couples can choose when signing their marriage contracts. These regimes determine how finances will be managed during the marriage and in case of separation or divorce.

1. Community Property (Sociedad de Gananciales)

In this regime, all income and assets obtained after marriage are shared between the spouses. This is the most common regime in many countries and is based on the idea that both spouses contribute to the household economy.

Advantages:

Equality in asset distribution.
Promotes a sense of economic unity.

Disadvantages:

Can be complicated to manage in case of separation, as all assets must be divided.

2. Separation of Property (Separación de Bienes)

Each spouse retains control and ownership of their personal and acquired assets. This regime is ideal for couples who wish to keep their finances separate.

Advantages:

Clarity in asset ownership.
Simplifies the separation process.

Disadvantages:

Does not promote economic unity in the same way as community property.

3. Participation in Profits (Participación en las Ganancias)

During the marriage, assets remain separate, but upon dissolution, profits obtained by each are shared. This regime combines elements of the other two, providing flexibility and fairness.

Advantages:

Combines financial autonomy with fairness in profit distribution.
Protects the interests of both spouses.

Disadvantages:

Can be complex to administer and requires detailed accounting.

Importance of Marriage Contracts

Marriage contracts not only establish a clear framework for economic management during the marriage but also protect the interests of both parties in case of separation or divorce. This contract is an essential tool to prevent conflicts and ensure both spouses agree on the economic rules that will govern their relationship.

Tips for Drafting Marriage Contracts

Consult a Specialist: It is essential to seek advice from a family law specialist to ensure the contract meets all legal standards.
Clear Communication: Both spouses should discuss and agree on all terms of the contract.
Periodic Review: Review and update the marriage contracts as necessary to reflect any changes in economic or personal circumstances.

Conclusion

Marriage contracts are a valuable tool for any couple wishing to establish a clear and updated economic regime according to their life circumstances.

At Toscanolex we are specialists in family law and criminal law, which allows us to offer a comprehensive approach to the resolution of any case related to legal issues in marriage.

We will provide you with guidance on your rights and assist you in protecting your interests throughout the process.