?Capitulaciones matrimonials…whats this?
Posted: 21 October 2008 11:15 PM  
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Hi, I am asked to sign capitulaciones matrimonials, however I didnt find anywhere information in English describing this prenuptial agreement. Is it enforced in Spain? In notaria there are only 2 lines under which you sign, however I undersand that behind those ines are many law articles. Can somebody explain how it works here in Spain? Many thanks

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Posted: 22 October 2008 12:41 AM   [ # 1 ]  
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When I got married in 2003 we signed the capitulaci?nes matrimoniales in a Notary Public when we came back from our honeymoon. It’s a sort of agreement or contract where you decide:

- if you wish to share all assets, etc. produced during your married life with your wife (i.e.: bienes ganaciales): if you are a permanent resident this gives you (for the time being) the option to decide each year if you make the declataci?n de la renta together with your wife or separately, depenging which is most comvenient to you both. If you choose this, your wife will own 50% of whatever you buy or produce during the marriage

- the other option is separaci?nes de bienes, which means that each one of you will be the only owner of what has bought or produced during the marriage. The only other differences with the previous option is that you’ll have to make always separate declaraci?n de la renta and won’t have problems in case you divorce.

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Posted: 22 October 2008 04:16 PM   [ # 2 ]  
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Thank you, fate_06! Another questions - are prenuptial contracts actually MUST in Spain? Is it obligatory by Family law? I also wrote you a private message, but it didnt show up in my sent items…Dont know why

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Posted: 22 October 2008 11:14 PM   [ # 3 ]  
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I got your PM ... and replied accordingly

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