Prenups and Postnups Agreement – Part 1

Prenups:

A prenuptial agreement is a contract written prior to a marriage that defines terms of divorce to foresee a positive outcome for both spouses in the event of a dissolution.

A postnuptial agreement is a simple prenuptial but written after a marriage is performed.

In Mexico, it is possible to recognize and enforce foreign prenuptial agreements, as long as they comply with certain requirements. Here is a summary of the types and requirements for foreign prenuptial agreements in Mexico:

They are marital agreements executed before a Notary public or the competent official of the Civil Registry in the country of origin. These civil prenups generally contain provisions related to the distribution of assets and their administration during the marriage and in the event of divorce.

Requirements for the recognition of foreign prenuptial agreements in Mexico:

• Legality in the country of origin: The foreign prenuptial agreement must be valid and legally binding in the country where it was executed. It must comply with the legal and formal requirements of that country, such as the form of execution, the presence of witnesses, and the signatures of both parties.
• Non-contrary to Mexican public policy: The foreign prenuptial agreement must not contain provisions that violate the laws and fundamental principles of public policy in Mexico. For example, it cannot include discriminatory clauses or clauses that go against the fundamental rights of any of the parties.
• Translation and legalization: The foreign prenuptial agreement must be translated into Spanish by a certified translator and legalized by a Mexican notary public or by the Mexican embassy or consulate in the country of origin.
• Registration in Mexico: To give legal effects to the foreign prenuptial agreement in Mexico, it is recommended to register the agreement with the Mexican Civil Registry. This helps ensure its recognition and enforceability if needed in the future.

Foreigners wishing to get married in Mexico, must submit the following documents to the appropriate Mexican Registry Office, at least two days before the scheduled date of the ceremony:

1. Passports.
2. Valid Mexican entry document (e.g., tourist cards, visas, FM3, FM2).
3. Birth certificates**.
4. Minimum age of 18.
5. Fill an application form at the Registry Office.
6. Present the appropriate certificate** if either party is divorced or widowed.
7. Pre-nuptial medical certificate must be obtained in Mexico.
8. Four witnesses with official identification.
9. Payment of fees at Civil Registry Office.
10. Complete the Pre-nuptial Agreement where the parties must specify whether they wish to get married under the system of Joint Ownership Property (sociedad conyugal) or under a Non-joint Ownership Property (separación de bienes).

**All foreign documents listed above must be first translated into Spanish by a Registered Translator and then “apostilled” or legalised in their country of origin.

For more information, please do not hesitate to contact our professional and experienced Mexlaw team.