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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6755
Experience:  Spanish Attorney
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Does Spanish law (codigo civil) recognise a post-nuptial

Customer Question

Hello ***** law (codigo civil) recognise a post-nuptial agreement between a married couple and can it be applied retrospectively? I am from the UK and my wife is from Peru, we both are residents in Spain. If there is any codigo civil reference you can provide this would be high;y appreciated.I had 2 properties in the UK before we got married and I have bought 2 in Spain after we got married. All properties are registered in my name. I want all properties in be in the prenuptial agreement.Kind regardsDavid Cassidy
Submitted: 7 months ago.
Category: Spain Law
Expert:  José M. replied 7 months ago.

H​i, There is not problem to make a postnuptial agrement according spanish law. Art 1317 La modificación del régimen económico matrimonial realizada durante el matrimonio no perjudicará en ningún caso los derechos ya adquiridos por terceros. ( The amendment of the matrimonial economic regime made during the marriage does not in any case prejudice the rights already acquired by third parties.)

Customer: replied 7 months ago.
Hi Jose MThere was no prenup agreement before the marriage (agreement that all assets were mine only). What does "prejudice the rights already acquired by third parties" mean?If my wife signs a postnuptial agreement that states all property will be mine if we get divorsed, will Spanish law agree that all property will be mine when divorced?We got married in Peru so there was no declaration of separación de bienes / participación en las ganancias.Kind regardsDavid
Expert:  José M. replied 7 months ago.

There was no prenup agreement before the marriage (agreement that all assets were mine only). What does "prejudice the rights already acquired by third parties" mean? I does mean that if you both has signed a debt with somebody alse and now you make it, tha chance can no reduce the creditor rights

If my wife signs a postnuptial agreement that states all property will be mine if we get divorsed, will Spanish law agree that all property will be mine when divorced?

Signed or not, according to spanish law the propieties are yours. In both cases.

The diference is the rents or the fruits during the marriage. If she does not sing are of both of you. If she sign just yours

I will be here if neded

Expert:  José M. replied 7 months ago.

I gently ask for a good rate of my service Thank you