a contract made before marriage, marital status or any other agreement before the main agreement of persons intending to marry or enter into a contract. Article 25 of the aforementioned Act 10/2007 emphasizes that a marriage agreement may define the economic regime of marriage and any other arrangement relating to property or other matters between the spouses or for themselves, their children already born and their future children, and will be effective during the marriage or after its dissolution (divorce/separation), without any restrictions other than those set by law. I am Spanish and my fiance is English, we live in Valencia and we plan to get married in Spain this year. Can we sign a marriage agreement in Spain or do we have to go to England? What right would apply in this case, Spanish or English law? You should know that since you are both residents of the Valencian community; (since you are originally from Valencia and your future spouse is a citizen of the European Union and is based in Valencia), we understand that the applicable law is the law of the Generalitat of Valencia for the marriage regime of Valencia No. 10/2007 of March 20 (Ley de Régimen Econémico Matrimonial Valenciano). This law establishes the applicable rules and, as we will demonstrate, it allows for a kind of marriage contract, the so-called marriage contract (carta de nuptias /marital capitulaciones), which gives the parties considerable freedoms as to any decisions that can be adopted in the event of divorce. Like an agreement reached by a couple in the event of a divorce by mutual consent, we understand that this freedom of consent always depends on the agreement of the Court of Justice, as it must take into account issues such as the interests of minor children, morals, etc. A marital agreement should be given in writing to a notary in order to avoid problems and to give the agreement a greater “formality”, since the intervention of the notary can also be seen as a guarantee that the parties have agreed freely and of their own volition, if a marriage or marriage letter (capitulates marriage) is not signed, then the “economic separation” scheme, under that scheme, the estate and patrimony of each spouse still belong to that spouse. Both spouses own their own property and not all property acquired during the marriage is divided between them.
This is the opposite of the old regime of marital property – the heritage community (ganancial property).