Prenuptial agreement (capitulaciones matrimoniales)
The agreement in which a couple sets the property regime for their marriage, for example separation of property instead of the automatic community property regime. Important news: under a 2022 Supreme Court decision, it can now be made before or during the marriage, and can even be amended.
Requesting a quote doesn't commit you to anything
- You tell us about your case. It's free.
- We send you the price in writing, within 1 to 3 hours.
- You decide. If it works for you, we start. If not, you delete it with one click and pay nothing.
No one will pressure you. Your information is used only for your case.
Is it for you?
If any of these sounds like you, this procedure is for you.
- For couples about to marry who want to set their property regime from the start
- For anyone with prior assets, a business or wealth they want to protect
- Now also for couples already married who want to set up or amend their agreement, thanks to the Supreme Court's new position
What's included and what isn't
Everything clear from the start. No fine print.
Includes
- Advice on the property regime that suits you best and on the Supreme Court's updated position.
- Drafting of a tailored agreement, identifying the assets and the agreed rules.
- Coordination of the signing.
- Handling of the recording, which is what makes it valid.
Does not include
- Appraisal of the assets.
- Handling the marriage itself.
- Division of property in a marriage that's ending, which is a separate service.
- The official registry fee, paid separately based on the number of pages and the value of the assets.
Add to your procedure
Check it and we include it in your quote. You decide at the end.
What you need
Check off what you already have. You don't need everything to request your quote.
You have 0 of 5.
- Both spouses' details, cédula (Venezuelan national ID card) or RIF (Venezuelan tax ID)
- An inventory of the assets each of you wants identified as your own, with their documents
- The regime you want to agree on
- And, if it's before the marriage, details of where the wedding will take place, because it's recorded in that jurisdiction
- You both sign in person
How the process works
You do very little. We take care of the rest. The whole process: on average, 3 to 5 business days.
- Step 1
Tell us your regime
You tell us about your situation and the property regime you want.
You do this - Step 2
We draft
We advise you on the updated position and draft the agreement.
We do this - Step 3
You sign
We coordinate the signing and confirm the cost, and you both sign.
- Result
Done
We handle the recording, which is what makes it valid; if it's before the marriage, in the jurisdiction where the wedding will take place and before the wedding.
You receive it
We draft the agreement based on the regime you choose, you both review it, and we coordinate the recording, because it must be recorded to take effect.
What it costs and how to pay
There are two separate payments, and we want you to see them clearly.
Our fee: we do all the work for you.
The official notary fee. It goes straight to the agency, and we give you the exact amount, with its receipt, before you pay anything.
How you pay: You pay once, when we start. In dollars, in bolívares at the official BCV exchange rate, or with Cashea.
How is your investment calculated?
Your investment has two parts, and we show you each one separately. Our base professional fee, from $70, for advising you, drafting the agreement and handling its recording
The official registry fee, which varies with the number of pages and the value of the assets involved. Official amounts are paid in bolívares Your lawyer gives you the exact figure before you pay anything, no strings attached.
FAQ
What happens if we don't sign a prenuptial agreement?
The default community property regime applies: everything either spouse earns during the marriage is split fifty-fifty if the marriage ever ends, no matter who contributed it. The agreement is what changes that rule.
Can it only be done before the wedding?
Not anymore; a Constitutional Chamber ruling published in 2022 allows it during the marriage too, and even allows amendments.
How much does it cost?
The professional fee, from $70, covers drafting; the recording, which is what makes it valid, is paid separately and we tell you the amount up front.
Does it work to keep property separate?
Yes, that's its main use.
What if I get married abroad?
It takes effect in Venezuela as long as the legal requirements are met; we review your case and tell you which ones apply.
About this procedure
A prenuptial agreement (capitulaciones matrimoniales) is the contract in which a couple decides how their property will be managed during the marriage, instead of being automatically subject to the community property regime the law imposes by default. With it, you can agree, for example, on a separation of property regime, make clear which assets each spouse brings into the marriage and keep them separate, or set your own rules for the assets you acquire. It's a key asset-protection tool, widely used by people who have prior assets or a business, or who simply want clarity. And here's news that many people still don't know and that changes the picture: traditionally, the Código Civil (Civil Code), in article 143, required the agreement to be signed before the registrar prior to the wedding, or it would be void. But the Sala Constitucional (Constitutional Chamber) of the Supreme Court, in a 2022 decision, reinterpreted those rules and now allows it to be validly entered into before and also during the marriage, and even amended or terminated, always going forward and once recorded. We advise you based on this updated position, draft the agreement to fit your situation and take it to the registry, because recording is what makes it valid and effective against third parties. One important point: if it's made before the marriage, it must be recorded in the jurisdiction where the wedding will take place, before the wedding.
Legal framework and important notes
Ley de Registros y Notarías (Registries and Notaries Law) · Código Civil (Civil Code) · Constitución de la República Bolivariana de Venezuela (Constitution of the Bolivarian Republic of Venezuela)
- The big news is that you're no longer required to decide this only before the wedding. You can now make or amend your agreement during the marriage, always going forward and once recorded
- Recording is essential. Without it, the agreement isn't valid
- And if you sign it before the wedding, be sure to record it in the jurisdiction of the wedding and before the date
We guarantee our service, not what the agency decides. If something depends on them, we tell you clearly and in time.
Is your case different?Ask us, message us on WhatsApp or book a free consultation. A real person answers you.