Prenuptial agreements are agreements that couples can make to establish how matters would be handled in the event of a possible separation. These agreements can address both personal and financial matters.
Making these plans may seem a bit cold, and it’s possible that one—or both—members of the couple might be reluctant to do so. Many couples start their life together with great enthusiasm, but few stop to think about what would happen if, one day, things didn’t turn out the way they had initially imagined.
These agreements may be set forth in marriage contracts or in notarized deeds. It is important to note that, in Catalonia, the law stipulates that for them to be valid, they must be executed no later than thirty days prior to the date of the marriage (prenuptial agreements).
If the agreement is executed by means of a notarized deed, the notary is required, before executing the deed, to inform both parties separately of the scope of these agreements and to advise them that, in the event of any change that could affect such agreements, they are required to inform each other. Both parties are also required to be clear about these terms at all times.
However, it may be that a long time passes between the time the agreement is made and the time we finally want to enforce it, and by that time, the terms may be seriously detrimental to one of the two parties. What happens at that point?
The law states that, if this happens, these agreements—made in anticipation of a breakup—will not be considered valid or enforceable if it is proven that relevant circumstances have arisen that could not have been foreseen at the time they were entered into. If you find yourself in this situation and would like to discuss these agreements, please feel free to contact us.
Anna Nicolàs Torán
Attorney Specializing in Family Law
MC Abogados
