Getting married in Spain can be an exciting step, but many international couples make avoidable legal mistakes when getting married in Spain.
1.Not knowing that in Spain you can choose between different marriage regimes
In some regions, community property ownership applies by default (assets acquired during the marriage belong to both spouses).
In others, such as Catalonia or the Balearic Islands , separate property ownership applies by default .
👉 Many international couples are surprised to discover, late in life, that their assets, income, or debts can be considered jointly owned.
2.Not knowing that your children have the right to inherit 2/3 of your estate
In Spain , the system of forced heirship (legitimacy) is very different from that of the Anglo-Saxon world. Your children are legally entitled to inherit two-thirds of your estate, even if you wish otherwise.
👉 For those with blended families, children from previous relationships, or assets in several countries, this can generate enormous conflicts.
3.Not choosing which law will apply if the couple is international.
If one or both of you are foreigners, the law applicable to the marriage is not always Spanish law .
It depends on your residence, nationality, and the place of celebration.
👉 A British-American couple married in Spain may be subject to three possible legal systems if they do not make this clear from the beginning.
4.Not signing a prenuptial agreement adapted to Spain
A prenuptial agreement is not a sign of distrust.
It is a legal tool to protect assets, avoid conflicts, and provide security for the marriage .
👉 Most of the problems we see in international divorces stem from not having regulated anything beforehand.
👩🎓Spain is governed in matters of divorce by EU regulations, specifically the legislation to decide what type of court handles your divorce and what law is applicable is the Brussels II Ter, Regulation (EU) 2019/1111.
Getting married well also means getting married legally . Avoiding these mistakes is an act of responsibility, love, and mutual protection.
At Bennet & Rey we are here to help you.
If you’re getting married in Spain in 2026 and need clarity on your financial arrangements, inheritance, or a prenuptial agreement, at Bennet & Rey we can help you get it right from the start.
