What does it consist of?
Marital capitulations aim to establish the economic regime that will govern the marital life of the spouses or future spouses. Additionally, they can include all clauses considered relevant, and even agreements for situations of separation or divorce.
As they are not mandatory, if they are not presented, the spouses will be governed by the regulations of the Autonomous Community where they reside. For example, in Catalonia and the Balearic Islands, separation of property applies; in Navarra, legal community of acquisitions; in Aragon, conjugal consortium; and in Common Law, community of property (gananciales).
Types of Marital Capitulations:
Separation of Property In this regime, each spouse maintains total independence over their assets. Although in Catalonia this regime applies automatically by law, in other Autonomous Communities it is necessary to formalize capitulations. Even in Catalonia, it is recommended to sign capitulations to establish rules in case of separation or divorce, such as the non-obligation to pay a lifelong pension if both spouses work.
Community of Property (Gananciales) Marriage under the community of property regime implies that all income during the marriage is considered common property, excluding those individually owned before the marriage. Unlike separation of property, the assets are divided between both spouses.
Community of Assets This regime occurs when several people share ownership of an asset. In this case, marriages have rights and responsibilities based on their percentage of participation.
Participation This regime is established by contract and is similar to separation of property, but in case of separation, both spouses share both the losses and gains of the assets.
Required Documentation
Before getting married
National Identity Document.
After getting married
National Identity Document.
Family Book.
In what situations can this service be used?
Any union, whether through marriage or by registering a de facto partnership, entails a series of patrimonial implications, which may include expenses, asset management, and future household planning. Consequently, it is advisable to formalize marital capitulations.