Marriage is one of the most important personal decisions a couple can make. However, many couples are unaware that marriage also automatically creates legal and financial consequences.
As a lawyer advising international and high income clients in Spain, I regularly meet couples who love and respect each other — yet later face avoidable legal and financial complications simply because these issues were not discussed in advance.
Marriage in Spain is also a legal contract that establishes a finantial marriage settlement, governing assets, debts, income, business interests, inheritance rights and the financial consequences of divorce or death.
Spain does not have a single matrimonial property system. Depending on nationality, habitual residence, regional law and place of marriage, different regimes may apply, such as shared ownership of property, or separation of assets.
Prenuptial agreements in Spain are often misunderstood. They are not a sign of distrust, but rather a tool in order to:
- provide clarity
- protect assets
- prevent conflicts
- and adapt the legal framework to the couple’s circumstances.
When a pre-nup is strongly recommended? When there are:
- pre-marital assets
- businesses
- children from previous relationships
- inheritances
- international elements or future relocation plans
International couples frequently assume their home country’s law will apply, when in reality Spanish law and EU regulations may determine jurisdiction, the laws which apply, and enforceability.
A well-drafted prenuptial agreement is an act of:
- mutual protection,
- transparency
- and responsibility
It avoids uncertainty and costly disputes.
Because prenuptial agreements must meet strict legal requirements in Spain, professional legal advice before marriage is essential.
If you are planning to get married in Spain and have international or complex assets, seeking legal advice before the wedding ensures legal certainty, financial clarity and peace of mind.
This service is provided by Bennet & Rey Abogados/Lawyers, a law firm in Spain, focused on international family and property law.
Margaret J. Hauschild Rey
Lawyer
