Prenuptial Agreement: create or modify your marital property regime

Clients who have already done it

Verified reviews of this service

It is a public document authorised by a notary through which one person (grantor) authorises another (attorney-in-fact, usually a lawyer) to act on their behalf and represent their interests in amending the marital economic regime.

This power allows the attorney-in-fact to perform all necessary acts to change the marital agreements: sign the new agreements before a notary, accept their legal effects, register them at the Civil Registry, and manage any related administrative procedure.

You need this power in the following situations:

• When you reside abroad and cannot travel to Spain to sign the amendment in person
• If you have physical impossibility to attend the notary (illness, hospitalisation, distance)
• When you prefer a specialised lawyer to manage the entire process for you
• If you and your spouse do not coincide geographically and need to expedite the procedure
• To optimise time in separation or divorce processes where economic regime amendment is required

The power must clearly specify the following powers:

• Express power to amend, alter, or revoke the current marital agreements
• Authorisation to sign new marital agreements and accept their legal effects
• Power to appear before a notary and sign the necessary deeds
• Power to register the amendment at the corresponding Civil Registry
• Authorisation to perform whatever acts are necessary for the effectiveness of the economic regime change

Our notaries draft the power including all these powers according to current legislation.

Yes, completely. The process is fully digital and legally valid:

• You send documentation electronically
• The notary drafts the power remotely
• You conduct a video conference with the Spanish notary to verify your identity
• You sign digitally using an electronic certificate or validated identification system
• You receive the signed document in PDF format with immediate legal validity

This procedure is regulated by Spanish legislation and has the same validity as a power granted in person at a notary office.

Yes, absolutely. A power of attorney granted before a Spanish notary has validity throughout the national territory, regardless of where it was granted or where the spouses reside.

If you grant the power before a foreign notary (at a Spanish consulate or notary in your country of residence), it will need The Hague Apostille to be valid in Spain. However, by granting it online before a Spanish notary, you do not need any additional legalisation.

The complete process is usually done in 24 hours:

• Documentation submission: 5-10 minutes
• Draft preparation: 2-4 hours
• Review and approval: 1-2 hours
• Video conference with notary: 15-20 minutes
• Digital signature and delivery: 1-2 hours

In urgent cases, we can speed up the process to deliver it the same day.

You need the following documentation:

• Valid ID, NIE, or passport of the grantor (person granting the power)
• Complete identifying data of the attorney-in-fact (lawyer): name, ID/NIE, address
• Information about current marital agreements (if you have them, copy of the deed)
• Details of the amendment you wish to make (change to separation of assets, to community property, etc.)
• Digital certificate or electronic identification system (we help you obtain it if you don't have one)

The cost includes:

• Notary fees for drafting and authorising the document
• Video call and digital signature service
• Legal advice on the power's content
• Complete remote management

The final price depends on the complexity of the power and the specific powers you need to include. Contact us to receive a personalised no-obligation quote.

Yes, it is possible. Both spouses can grant online powers of attorney simultaneously or at different times, each from their location.

This is especially useful when both reside abroad or in different cities. Each conducts their video call with the notary and digitally signs their power. The attorneys-in-fact (can be the same lawyer or different ones) can then sign the marital agreements amendment on behalf of both.

The power of attorney does not expire automatically, but you can establish:

• Power with fixed term: valid only for a specific period (e.g., 6 months, 1 year)
• Power for specific act: automatically extinguishes once the marital agreements amendment is completed
• Indefinite power: valid until you expressly revoke it

The most common for this type of procedure is to grant a specific power that extinguishes once the new marital agreements are signed and registered.

Yes, you can revoke the power at any time before it has been used to sign the marital agreements amendment. Revocation must be done through:

• New public deed of revocation before a notary
• Formal notification to the attorney-in-fact
• Communication to third parties who might be involved in the procedure

Once the attorney-in-fact has signed the new agreements using the power, revocation does not affect acts already performed.

They are completely different documents:

• Marital agreements: are the agreement between spouses establishing the marriage's economic regime (community property, separation of assets, etc.). Both spouses sign them.
• Power of attorney: is the authorisation that ONE of the spouses gives to a third party (lawyer) to represent them in signing the agreements. Only the one who cannot be present grants it.

The power is only the instrument that allows the attorney-in-fact to sign the agreements on behalf of the grantor.