Puerto Rico Prenuptial Agreement

Puerto Rico Prenuptial Agreements for Proxy Marriage

Puerto Rico prenuptial agreements offer future spouses a way to establish legally binding agreements on how they will govern finances and property, but only prior to their wedding. In Puerto Rico, you cannot do a postnuptial agreement (an agreement after you get married), nor can you alter or amend your prenup. So how does this work for a proxy marriage and what else you should know about Puerto Rico prenups?

Prenuptial Agreements in Puerto Rico

In Puerto Rico, absent a prenuptial agreement, the marriage is governed by the basic principles of law of a partnership of assets. In essence, this economic regime arranges that all the equity and debts belong in equal parts between the spouses. Nevertheless, the law allows that this regime be modified, and frequently the future spouses decide on the regime of total separation of assets, by virtue of which, all the equity and debts that are acquired during the marriage exclusively turn out to be from spouse that acquired it, and can administer it or sell it without the participation of the other spouse. This change of single regime can be obtained by means of the granting, before the celebration of the marriage, of a writing of a prenuptial agreement before a notary.

Prenuptial agreements under Puerto Rico Law have very stringent requirements, which when absent nullify most if not all prenuptial agreements done outside of Puerto Rico. In fact, prenuptial agreements can regulate, amongst other things, the rights of the spouses on their respective properties; the rights to the profits made by them during the marriage; the interests of the children and the family; the interests of the third parties that contract with either of the spouses, and, ultimately, the economic and social interest of the marriage

Article 68 of Puerto Rico’s Civil Code, 31 L.P.R.A. § 221. This type of special contract entails a series of economic consequences for the contracting parties that will depend on the matrimonial regime to which the spouses submitted.

What is a Prenuptial Agreement?

Prenuptial Agreement Example[/caption]Also called a “prenup”, a prenuptial agreement (or pre-marital agreement) is a contract between two people before they are married. Both parties need to be over the age of consent in their state to sign a prenup.

Prenuptial Agreement Example
Prenuptial Agreement Example

What is the difference between a prenuptial agreement in the U.S. and one in Puerto Rico?

A prenuptial agreement in Puerto Rico requires that it be done through a public deed executed before a notary public in Puerto Rico. The contents and format of the deed are very specific. Any deviation from the requirements and the agreement would be ineffective.

What Puerto Rico is known for in the wedding community is the prenuptial agreement. A prenuptial agreement in Puerto Rico must be completed prior to the couple being formally married. Once the couple is married, the agreement cannot be created. Also, the prenup cannot be change and or even corrected. If the agreement is incorrect in anyway, once the ceremony is held and the vows are exchanged, the agreement is what it is.

In the U.S. a prenup is normally used to convey what happens if a marriage is dissolved and is not a mandatory contract to be married.

Frequently Asked Questions about Puerto Rico Prenuptial Agreements

Do I need a prenuptial agreement in Puerto Rico to get married online?
A prenuptial agreement in Puerto Rico must completed before you are married. See legal information in the next question.

Will my husband inherit my property in Puerto Rico if we married many years after I purchased it?
Yes, but only if there is a stipulation in the prenup that he is now a partner in the property. A spouse may stipulate the rules and conditions that will govern present and future assets, or regulate the pecuniary interests arising from the relationship through prenuptial agreements. Guadalupe Solís v. González Dieruz, 172 D.P.R. 676, 682 (2007). Prenuptial agreements are not matrimonial regimes themselves, but vehicles to establish the regime to which the future spouses will be subjected, without it being limited to the total separation of property. Therefore, this special type of agreement allows future spouses to establish an extensive variety of clauses and conditions, provided that they do not contravene law, moral or public order. Article 1268 of Puerto Rico’s Civil Code, 31 L.P.R.A. §3552. See also, Guadalupe Solís v. González Dieruz, 172 D.P.R. 676, 682 (2007); S.L.G. Irizarry v. S.L.G. García, 155 D.P.R. 713 (2001). In fact, prenuptial agreements can regulate, amongst other things, the rights of the spouses on their respective properties; the rights to the profits made by them during the marriage; the interests of the children and the family; the interests of the third parties that contract with either of the spouses, and, ultimately, the economic and social interest of the marriage. Guadalupe Solís v. González Dieruz, 172 D.P.R. 676, 683 (2007); Gil Enseñat v. Marini Román, 167 D.P.R. 553 (2006).

Can a new spouse’s income be considered for child support in Puerto Rico?
Yes, unless otherwise noted in the prenuptial agreement. Income of the spouse will be considered and it will be used as income for child support calculations in a Puerto Rico child support order.

In Puerto Rico, it is public policy to use incomes of you and your spouse. To avoid this, have a prenuptial agreement drawn up. Separations of incomes for child support purposes is annotated. Please remember that all child support orders in Puerto Rico go into the child reaches 21 year of age. If the child goes to college, it could extend until the child reached the age of 27.

Can I change or alter my prenuptial agreement in Puerto Rico?
No. The only way to amend, alter or change anything written in the prenup is for you and your spouse to get a divorce. After the divorce, you create a new prenuptial agreement and remarry.

How do I file my taxes as a married individual?
In accordance with P.R. Laws tit. 13, § 30043 (2) Married individual: The term “married individual” includes couples that have celebrated their marriage in accordance with the Civil Code of Puerto Rico or who are treated as married couples under the body of laws of Puerto Rico. Those spouses that, before the celebration of their marriage executed a prenuptial agreement, expressly providing that the marital property regime is the full division of assets, shall pay taxes each individually as single taxpayer for purposes of the provisions of this part. Casetext

Are people who live in Puerto Rico considered US citizens?

The US Government states that the term “United States citizen” means:

  • An individual born in the United States
  • An individual whose parent is a U.S. citizen
  • A former alien who has been naturalized as a U.S. citizen
  • An individual born in Puerto Rico
  • An individual born in Guam
  • An individual born in the U.S. Virgin Islands

Although, a U.S. notary will still need an SSN, U.S. address and other information to process notarization.

Can I still use a double wedding proxy if I am in Puerto Rico?
If your spouse is a Montana resident or active duty military, you can of course use our online wedding proxy service. While we do all of our weddings online via our secure platform, if you’re located in Puerto Rico you would need to utilize a notary there.

Pros and Cons of a Puerto Rico Prenuptial Agreement
Pros of a prenup is that anything you own remains yours after marriage (divorce or death). The cons are that if a debt of any type is not listed in the prenup, your new spouse is liable for that debt as well.

Download the prenuptial agreement laws PDF here

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