According to the Civil Code that is in force, when you get married you can choose two different regimes : the separation of property or the joint property, each with its own characteristics. Today we tell you how to make a property separation so that you know everything related to this issue and know the steps you must follow to make it effective.
What is the separation of property?
The separation of property is a matrimonial economic regime that aims to govern the common economy of a couple that is going to marry, being also in some autonomous communities the one that is chosen by default in the case that no marriage agreements have been made, while in others it is the one of gains.
It is usually chosen in the case of couples whose members are clear that, if they divorce in the future, each one will retain all of their own assets, either prior to the marriage or acquired during it but only by one of the spouses. It is usually a regime that causes controversy in the couple since they think more about their own interests if the relationship ends than in love, so it is a topic that will always generate debate.
The importance of marriage agreements
It is one of the most important concepts when celebrating a marriage when you want it to be with separation of property. It is a public document that is made before a notary public that is essential to establish the separation of assets, and can be done both before and during the marriage.
This document reflects a preventive pact between both parties to establish a possible future situation that leads to divorce. If the marriage contracts are made during the marriage, the property separation regime will be applicable from that moment.
If they are written before the marriage , it must be made effective within one year from the signing of the document, otherwise it would be out of force and would have to be done again.
Steps to make a separation of property in marriage
- The first thing that should be done is to go to a notary’s office to explain the situation and that the document of matrimonial agreements can be drawn up , always with the help of a specialized lawyer who looks after your interests.
- Once the document is drawn up, it must be officially delivered to the notary , which must be done within a period of less than 12 months if the marriage has not yet taken place.
- The next step to make a separation of assets will be to register both in the Civil Registry under the regime of separation of assets.