What is a Spanish Prenuptial Agreement?

In Spain, a prenuptial agreement is called capitulaciones matrimoniales. It is a notarial document in which the parties formally choose or define their matrimonial property regime. Capitulaciones must be signed before a Spanish notary and are registered in the Civil Registry.

Unlike some other systems, Spanish capitulaciones can also regulate the choice of law governing the marriage — critically important for international couples on the Costa del Sol.

Why Spanish Matrimonial Property Regimes Matter

In Andalucía (covering Mijas and the Costa del Sol), the default regime is sociedad de gananciales (community of property). Under gananciales, all assets acquired during the marriage are jointly owned and shared equally on divorce or death — regardless of whose name they are in.

For many international couples with property, businesses, or children from previous relationships, this default is completely unsuitable. Capitulaciones allow them to opt for separación de bienes or a custom regime.

Who Should Consider a Prenuptial Agreement?

A prenuptial agreement is particularly advisable if you:

  • Own property in Spain before marriage that you wish to remain solely yours
  • Own a business or professional practice that should not become jointly owned
  • Have children from a previous relationship whose inheritance you wish to protect
  • Have significantly different financial circumstances from your partner
  • Are of different nationalities with assets in multiple countries
  • Have significant existing debt

What Can Capitulaciones Cover?

Spanish capitulaciones can include:

  • Choice of matrimonial property regime: Electing separación de bienes (most common for international couples).
  • Attribution of specific assets: Declaring pre-marital assets as separate and private.
  • Choice of applicable law: Under EU Regulation 2016/1103, electing the law of one spouse's habitual residence or nationality.
  • Inheritance provisions: Specific gifts to the surviving spouse within forced heirship limits.

What capitulaciones cannot do: They cannot waive future maintenance rights on divorce or override Spanish forced heirship rules (unless a choice-of-law election is made).

The Process

The process is straightforward:

  1. Both parties consult with a family lawyer.
  2. Agreed terms are drafted as a notarial document.
  3. Both parties sign before a Spanish notary (or via Power of Attorney from abroad).
  4. The notary registers the capitulaciones with the Civil Registry.
  5. If property is involved, it may also need to be noted at the Land Registry.

Cost: approximately €500–€1,500 in total legal and notary fees, depending on complexity.

Frequently Asked Questions

It depends on the applicable law. Under EU Regulation 2016/1103, if you are habitually resident in Spain, Spanish law may apply unless you validly elected another country's law. Having capitulaciones signed before a Spanish notary is the most reliable approach to ensure your arrangements are properly recognised.
Yes. Spanish law allows couples to change their regime at any time during the marriage by signing new capitulaciones before a notary. Both parties must consent. If switching from gananciales to separación de bienes, a liquidation of the existing community may need to be carried out first.
Yes, significantly. Under gananciales, a property purchased by one spouse during marriage is jointly owned even if only one name is on the deed. Under separación de bienes, each spouse owns separately what they purchase in their own name. Your spouse's consent is generally required to sell or mortgage a gananciales property — even if their name is not on the deed.