Prenup: Spain + Russia

Which contract, and where to sign it

Spain: Escritura pública before a notary; before or after the wedding, registered in the civil registry.

Russia: Notarial form only; concluded before the marriage (effective from registration) or at any point during it.

Several legal systems are involved — one document will not cover them all. The working construction: an anchor contract in the principal jurisdiction plus mirror texts where the key assets sit, backed by local counsel opinions.

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.

The Russian layer: spouses without common citizenship or residence may choose the law applicable to their marriage contract (Art. 161 Family Code) — a rare and useful option for mixed couples.

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).

Russia: Property matters only: the regime, specific assets, stakes, compensation. Personal relations and children cannot be regulated; terms leaving a spouse in an extremely unfavourable position will be struck down (Art. 44 Family Code).

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.

Translations and legalisation: every version with a notarised translation and apostille for its jurisdiction of use.

What to read next

Deep dive: cross-border prenups

Divorce navigator: what happens without a contract

Property division in a cross-border divorce