Marriage contracts are a valid legal instrument / freepik
In Argentina there are marriage contracts that are regulated by the national civil and commercial code.
They are called prenuptial agreements or prenuptial agreements and allow couples to decide before they get married how their assets will be handled during the marriage.
Although they still raise doubts, they are neither rare nor forbidden. On the contrary: they are a valid legal instrument.
However, it is necessary to pay attention to basic and essential things that you need to know before signing a prenuptial agreement.
To consider:
1They can only be signed before the wedding
The agreement must be made before marriage. If you are already married, you cannot enter into a prenuptial agreement. It is possible to change the property regime after a certain period of marriage, but through a different procedure.
2They serve to choose the property regime
There are two regimes in Argentina:
– Community of property (what is acquired during the marriage is common)
– Segregation of assets (each person retains ownership of what they earn or buy)
The marriage contract then allows you to formally choose the regulation of the separation of property. If nothing is signed, the Community regime automatically prevails.
3You can’t add anything
The agreement cannot regulate issues such as:
– looking after future children,
– daily living together,
– personal relationships.
It may only deal with property issues, such as managing premarital assets or distributing expenses.
4This is done by means of a public document
A private agreement is not enough. The contract must be concluded in front of a notary by means of a public document and then registered in order for it to be legally binding against third parties.
5This is not an early divorce decree
Signing a prenuptial agreement does not mean that the couple is thinking about separating. From a legal perspective, it is just a way to create economic planning: organizing inheritances, protecting previous assets, avoiding shared debts or protecting personal ventures.
More and more couples are consulting it not out of mistrust, but for reasons of legal clarity. It does not prevent sentimental conflicts, but it can reduce financial problems if the relationship ends.
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