Family law

Prenuptial agreement

The set of legal rules that define the rights, interests and financial obligations of the spouses, make the economic regime of marriage, which is agreed before a notary, before or after the wedding, by mutual agreement between spouses, a contract which are the prenuptial agreement, which is entered in the Civil Register, together with the Act of marriage.

prenuptial agreement

The following economic regimes are contemplated within marriage: marital property regime, separate property regime and participation regime.

Separate property regime
In this regime each spouse has economic independence and each party may acquire and dispose of their assets and income obtained both before and after marriage, without the consent of the other party to sell them, rent them, or performs the action that they want.

The debts incurred by each of the parties are your responsibility, unless you agree to the other party of any of the forms; each of the parties should also contribute to family expenses, depending on their financial resources, but if one of them does not work, which is active will be responsible for economically of the other party.

Marital property regime
All the benefits obtained by either of the two spouses, become part of a common fund, which will be owned by each spouse in equal parts, which should be administered by the two and will serve for the family expenses. If you want to sell or manage any good, there must be consent of the parties, although the necessary or urgent expenses of one of the spouses are allowed.

Any property acquired, while duration of this regime, has marital character, but that society may be dissolved in the following cases: by dissolution of the society, the death of one of the spouses, annulment of marriage, change of the economic system through the prenuptial agreement, by a court decision or by separation of the spouses.

Participation regime
This regime is the least used, in each party manages and disposes of its assets, both the previous marriage, as has been acquired later, but in this scheme each of the parties, has the right to participate in the profits obtained by the other party, while the regime is in force.