The marital property regime can be modified at any subsequent time if there is an agreement between the spouses. To do this, the modification must be recorded in a new public deed, authorized by a Notary, and must also be registered in the corresponding Civil Registry. Are there any default rules that apply if a couple does not explicitly choose a specific marital property regime? How does the law determine the default regime in such cases? Just as we have stated, the future spouses can choose and regulate their marital property regime, but if they do not agree on any, the one that corresponds to them will govern based on their civil neighborhood, which may be the common Civil Law, or special or regional Civil Law of some Autonomous Communities. What should couples be aware of when choosing a marital property regime? In my opinion, when choosing a matrimonial property regime, it must be perfectly clear that, if in the future there is no agreement between the spouses, we will not be able to modify the regime. Therefore, before getting married, it is essential to obtain advice on the type of matrimonial property regime applicable in the territory and you should never sign a marriage contract without having detailed knowledge of all the consequences because it is possible that the relationship between the spouses change later, and it will not be possible to modify the agreements. How often do you encounter situations where couples wish to modify their chosen marital property regime, and what are the processes involved in making such a change? In my professional practice I work recurrently with this type of contract within what I call a pre-marital prevention plan, with which I manage to protect the interests at stake and provide stability to the property relationships between spouses. At this point, I would like to convey to Lawyer Monthly Magazine’s readers the utmost importance of planning the correct development of property relations after marriage. Both the marital economic regime, as a framework, and the Marriage Agreements, as an instrument, can be used strategically to satisfy the client’s needs. That is why I insist on the convenience of working hand in hand with a Lawyer specialized in the matter, with a long professional career and a prestige backed by successes. 8 LAWYER MONTHLY DECEMBER 2023 I would like to convey the utmost importance of planning the correct development of property relations after marriage. About Carmen Calderón “I am a lawyer specializing in the prevention and resolution of highly complex judicial cases relating to marital property disputes, which, in addition to the unfolding family crisis, have related problems that require coordinated action. I have my own Family Law boutique, the first in Spain to establish the concept of pre-marital prevention as a type of service focused on client protection, preservation of the interests at stake, and the guarantee of minimal wear and tear. “My working method consists of approaching the situation from a global perspective, starting from an in-depth analysis to identify the legal and personal aspects to consider, advising the clients in each of their decisions, and directing them towards the ideal solution. “I have a solid background in Private Civil Law, having dedicated myself specifically to Family Law for more than twenty years. Throughout my professional career, I have participated in a thousand procedures. I have an innate ability to psychologically analyze situations and manage emotional responses. All of this provides me with the necessary preparation to resolve any type of conflict, anticipating the consequences, preserving the interests at stake, and guaranteeing minimal wear and tear.” Contact Carmen Calderón Email: abogada@carmencalderon.com Tel: +34 676 947 492 www.carmencalderon.com
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