Prenuptial Agreement in Mexico

A prenuptial agreement, also known as a prenup, is a legal document that outlines the rights and responsibilities of each spouse regarding property, assets, and finances in the event of a divorce. While prenuptial agreements are commonly associated with high net worth individuals, they can be beneficial for all couples, particularly those who are marrying for the second or subsequent time.

If you are planning to get married in Mexico, it is important to understand the requirements and regulations surrounding prenuptial agreements in the country.

Prenuptial agreements in Mexico are governed by the civil code and the family code. According to the civil code, a prenuptial agreement must be made in writing and signed by both parties in the presence of two witnesses. The agreement must also be registered with the civil registry office within 15 days of its execution.

The family code specifies that a prenuptial agreement cannot be used to waive the rights of children or to limit spousal support in cases where a divorce is granted due to adultery or domestic violence.

It is important to note that prenuptial agreements in Mexico are not enforceable in cases where they violate Mexican public policy. This includes agreements that attempt to limit or eliminate spousal support, waive the community property regime, or restrict a spouse’s right to share in the other’s future income or assets.

If you are considering a prenuptial agreement in Mexico, it is recommended that you consult with an experienced family law attorney who can guide you through the process and ensure that your agreement complies with Mexican law.

In conclusion, prenuptial agreements can provide peace of mind for couples entering into marriage, particularly those with significant assets or who have experienced divorce in the past. In Mexico, prenuptial agreements must be made in writing, signed by both parties, and registered with the civil registry office. It is important to work with a competent attorney to ensure that your agreement complies with Mexican law and is enforceable in court.