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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I will get married in Spain later this year. By Spanish law,

Customer Question

I will get married in Spain later this year. By Spanish law, by defect any assets (property or $$) gained prior to the wedding is considered individual. Any assets gained AFTERwards is property of the couple.
I am from California and the law is different. It´s 50/50 shared no matter when it was acquired. If I want to protect my assets in the United States that I have now as an individual,
1) is Spanish law respected as that it s where I am getting married and currently reside
2) do i need to do a prenuptial agreement in the United States before getting married in Spain
3) or can I do a similar statement in Spain and have it notarized by the US embassy (with both me and my partner signing)?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
Additional information.We currently reside in Spain and plan to live here for a long time. However, this doesn´t mean that we wouldn´t move to California sometime in the future (which means I would become a California resident again)I forgot to ask if I need to do any procedure to legalize formally in the State of California my wedding in Spain - or is it automatically recognized? This is important to understand because whatever documentation I may need to do i would have to do before whenever my marriage is legally recognized in California.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
Will you be residing in Spain or in California? I ask because what governs, at least under US law, not where you marry but where you live (and consequently divorce if the marriage needs to be dissolved). Provided you live in Spain, this will not in any way be governed under US law, not even if you agree to it in writing--for this to be governed under US law you have to actually live there. In addition, California law is the same as Spanish law as far as assets are concerned based on your example. If you enter marriage with $1M US, that money is deemed 'separate' and you get that share of the money back when you divorce. Same goes for real estate--any real estate or personal property you fully own prior to marriage you keep, and if a divorce occurs, you get that property back with the other spouse potentially able to seek a marital share on the growth in value but not the asset itself. For example if you own a home assessed at $300,000 when you marry and it is worth $400,000 upon divorce, the other spouse can lay claim to half of the $100,000 increase, not the full amount of the property value.
Your marriage is automatically recognized in the US if performed in Spain.
Dimitry, Esq.

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