Prenup & Marriage Contract Navigator
Prenup: Spain + Spain
Case complexity: low. The contract touches a single legal system — Spain.
Which contract, and where to sign it
Spain: Escritura pública before a notary; before or after the wedding, registered in the civil registry.
Choice of applicable law
In the EU, fix the choice of law inside the contract (Regulation 2016/1103): the law of either spouse’s citizenship or habitual residence. Without a choice, the regime follows the first common residence — and migrates with you unpredictably.
Spain: under Rome III you can also pre-select the law applicable to the divorce itself — it belongs in the same package.
What you can fix in it
Spain: Election and tailoring of the regime, compensation clauses; mind the regional systems (Catalonia and the Balearics run their own rules).
What gives the contract its force
Full asset disclosure annexed to the contract — the main anchor against future challenge.
Independent counsel for each side; one adviser for both is the classic line of attack.
What to read next
Deep dive: cross-border prenups
Divorce navigator: what happens without a contract
Property division in a cross-border divorce
← Build your own case in the interactive navigator
This is a first-pass orientation, not legal advice. The rules are simplified; the contract itself is drafted by a lawyer for your couple.
Contact information
If you have questions or need a consultation, our experts will be glad to help.