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Background

What are the marriage contracts?

What are the marriage contracts? When can they be done and what are their limitations?

What are the marriage contracts?

Marriage agreements are the contract by which the future spouses agree on the economic regime that they will have in their marriage.

For its validity, the appropriate legal steps have to be taken. Its advantages, in addition to the understanding of the heritage and its division in a clear way, can also have implications at the commercial level. It is important to know this point in the event that one of the parties is a businessman.

They can be granted before or after the celebration of the marriage.

If they are carried out before marriage, they will only be valid if the marriage takes place within a maximum period of one year.

If they are done later, they will not have retroactive effect.

They can be modified at any time with the agreement of the members of the couple.

What happens if we DO NOT grant marriage agreements?

The economic regime that comes by default will be applied according to the territory of the link.

For instance:

• In common law territory, the community property system will govern

• In Vizcaya, the communication regime in earnings

• in Catalonia and the Balearic Islands, the property separation regime

• in Aragon, the marital consortium regime

• in the Valencian Community, the community property regime

In marriage agreements, there is also room for OTHER TYPES OF AGREEMENTS that are related to it, related to financial or personal matters. Some examples of this can be the division of housework; of leisure times; some measures relating to separation or divorce; recognition of an extramarital child; compensation in case of infidelity; place of residence.

These agreements always have limitations: they cannot be contrary to the laws or good customs, nor limit the equal rights of the spouses. Therefore, the following agreements will not be valid:

• not living together

• not be faithful

• renounce the parental authority of the children

• waive the right to maintenance

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