Covenants in anticipation of marital breakdown are agreements that couples can make to regulate how things would be in the event of a possible breakup. These covenants can affect both personal and financial aspects.
Making them may seem cold and one or both partners may be reluctant to do so. Many couples start their life together with a lot of excitement, but few couples stop to think about what would happen if one day things don’t work out the way they thought they would.
These pacts can be established in matrimonial chapters or in public deeds. We have to take into account that in order to be valid, in Catalonia, the Law indicates that they will only be valid if they are granted before thirty days from the date of the celebration of the marriage (antenuptial pacts).
If it is done by means of a public deed, the notary, before executing the public deed, has the obligation to separately inform both of them of the scope of these and that in case there are any changes that may affect such covenants, they have the obligation to inform each other. Both parties have the obligation, also, to be clear with the same at all times.
However, it may happen that from the time the pact is made until we finally want to enforce it, a long time may pass, and it may be that by that time, it is seriously detrimental to one of the two parties. What happens at this time?
The law indicates us that, if this happens, these agreements made in anticipation of rupture, will not be considered valid or effective if it is proven that relevant circumstances have arisen that could not be foreseen at the time they were granted. If you find yourself in this situation and would like us to discuss such agreements, do not hesitate to write to us.
Anna Nicolàs Torán
Lawyer Expert in Family Law
M&CAbogados
