# Spanish laws on common law wife and prenuptual agreements, advice please..



## SunnySpain (Jul 30, 2008)

Hi everyone,

I have a friend from Ireland who lives in Spain with his Venezuelan girlfriend and they have recently been talking about getting married.

He says he loves her but is concerned that her intentions are not all good and is considering some kind of prenuptual agreement, like they apparently have in Catalunya.

Thus, I thought some of you guys might be able to shed some light on the following:

1)

If they don't get married, is there such a thing as common law wife in Spain and what implications would this have for my Irish friend if they split up ?

2)

In easy to understand terms, what does the prenuptual agreement that exists in Catalunya (you can apply for it anywhere in Spain apparently) actually mean in English ?

Please help me to help a friend as his partner wants to be wed in a hurry - lol

Regards, Dave


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## chris(madrid) (Mar 23, 2008)

Dave - I've a Spanish friend who married a German Guy (full ES-resident) and they signed the prenuptial thing as he was in al fairness a bit odd (nice guy but.....well, a very laid back ex-pat)

They did separate/divorce and he was as such unable to make demands against things like a Flat her father willed to her but in which her mother still lives. Similarly she had no access to a Flat he still had.

Basically I believe it's an agreed separation/declaration of capital worth prior to the union. i.e NOT communal and outside separation agreements. A bit like "separacion de bienes".

"Parechas de Hecho" (Common law) do exist but as far as I know have to be registered as such - this from a comment heard yesterday here at work - Where we have none registered so there is not even a registry opened yet. But what the financial implication is I don't know.

YOUR MATE SHOULD FIND A LAWYER THOUGH. This sort of stuff NEEDS spot on up to date info.


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## SunnySpain (Jul 30, 2008)

chris(madrid) said:


> "Parechas de Hecho" (Common law) do exist but as far as I know have to be registered as such - this from a comment heard yesterday here at work - Where we have none registered so there is not even a registry opened yet.


Thanks for the info Chris.

Any idea on how one might register their relationship as such ?
As in, do both parties have to agree to register it as such ?

Regarding the prenup, does that mean that all money and property prior to them being married will remain in the hands of the individual and not be up for grabs come the divorce ?

If yes, then any idea how my mate can obtain such a prenup, as I think he needs it

Regards, Dave


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## chris(madrid) (Mar 23, 2008)

SunnySpain said:


> Thanks for the info Chris.
> 
> Any idea on how one might register their relationship as such ?
> As in, do both parties have to agree to register it as such ?
> ...


The answer to all that is - SEE A LAWYER.


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