What does it consist of?
Marriage capitulations aim to establish the economic regime that will govern the marital life of the spouses or future spouses. Additionally, they can include all clauses deemed relevant, as well as agreements for situations of separation or divorce.
Since they are not mandatory, if not presented, the marital property regime will be governed by the regulations of the Autonomous Community where they reside. For example, in Catalonia and the Balearic Islands, separation of property applies; in Navarre, legal partnership of conquests; in Aragon, conjugal consortium; and under Common Law, the community property regime.
Types of marriage capitulations:
Separation of Property In this regime, each spouse maintains complete independence over their assets. Although in Catalonia this regime is automatically applied by law, in other Autonomous Communities it is necessary to formalize capitulations. Even in Catalonia, it is recommended to sign capitulations to establish rules in case of separation or divorce, such as the non-obligation to pay a lifetime pension if both spouses work.
Community Property Marriage under the community property regime implies that all income during the marriage is considered common property, except for those individually owned before the marriage. Unlike separation of property, the estate is divided between both spouses.
Co-ownership of Property This regime arises when several people share the ownership of an asset. In this case, married couples have rights and responsibilities based on their percentage of participation.
Participation This regime is established by contract and is similar to separation of property, but in case of separation, both spouses share both the losses and gains of the estate.
Required Documentation
Before getting married
National identity document.
After getting married
National identity document.
Family record book.
In what situations can this service be used?
Any union, whether through marriage or by registering as a domestic partnership, entails a series of patrimonial implications, which can include expenses, asset management, and future household planning. Therefore, it is advisable to formalize marriage capitulations.