1
Dec

Prenuptial agreements in the Dominican Republic are also called Premarital Agreements and Antenuptial Agreements. In simple terms, it is a type contract reached between a couple BEFORE they marry in the Dominican Republic.

Premarital Agreements are a set of rules that seek to determine and delineate the economic interests that govern a marital relationship, establishing three very important things, which are as follows:

1. Assets and Liabilities during the marriage.
2. How said assets and liabilities will be distributed, if the marriage ends (Divorce) or if one of the spouses dies.

This article refers to the importance of a Marital Property System, when formalizing a marriage in the Dominican Republic. In order to understand the difference between the different types, we suggest you access the following link Marital Property Systems in the Dominican Republic.

Premarital agreements have not been used very commonly in the Dominican Republic, given that we do not have the habit of making this type of agreement before getting married. Additionally, if you bring this topic up to your partner, they might see it as a lack of commitment from your part, being opportunistic, selfish or simply something inappropriate. This happens as a result of not knowing the importance of this agreement, in addition to the fact that many people believe that premarital agreements are only for the rich and famous. Although it can be argued that they have slowly become more common, as people are becoming more familiar with their importance, but unfortunately this usually happens once they are going through a divorce process.

So the question we must ask ourselves is: Is it important to discuss financial matters before getting married?

This topic is still taboo, but we should still take in consideration that many marital disputes are precisely related to financial problems, due to the Partition of Assets in or during the divorce process. As a result, it would be more beneficial to discuss finances voluntarily with your partner before getting married, in order to avoid problems in the future.

Moreover, when you are in a relationship, in addition to talking about buying a vehicle or property, it is important to know if there are any active debts, if your partner has a negative credit history in the country, their financial obligations with third parties, etc. Please remember that a community of property does not consist only of Assets, but Liabilities as well. You can see more information on this topic in our article: Assets and Liabilities included in a marital community of property.

Why should couples sign a prenuptial agreement?

• If you own a company, you might want to protect its assets in relation to the other shareholders.
• To set a plan on how to manage the assets you are bringing into the marriage, before actually getting married.
• In some cases, it is important to protect any inheritance your children are expecting.
• If you plan to take on debts, often times you do not want your spouse to be responsible.
• It is ideal to decide what happens after a divorce or if one of the spouses dies, and to avoid being subject to the predetermined laws of the Dominican Republic in regards to divorce and succession.

Can a Prenuptial Agreement be signed after the wedding?

A Prenuptial agreement, as its name suggests, must be made BEFORE THE WEDDING, it cannot be signed after. This agreement establishes the marital property system that will be applied in the marriage, which is why signing it after the marriage would have little practical use.

Can there be problems with a Prenuptial Agreement?

A prenuptial agreement done properly and following the guidelines established by law, should not be a cause for concern and you may never run into any problems related to it. However, a contract done poorly will not give you any kind of protection and it may be deemed invalid, if it was not made according to legal guidelines.

Should I make a prenuptial agreement in the Dominican Republic or can I do it in my home country?

Prenuptial Agreements in the Dominican Republic must be made by means of an authentic act, and if it complies with that requirement and other subsequent steps involved in said act (protocol and publicity) it will be deemed valid. However, for practical and financial purposes, it is advisable for it to be done in the Dominican Republic.

Do the same requirements and steps apply for foreign nationals when it comes to prenuptial agreements and marriages in the Dominican Republic?

Yes, they apply across the board and there is no distinction.

Benefits of signing a Prenuptial Agreement.

• If your spouse is in debt, a prenuptial agreement can protect you so that you can avoid having to assume the obligations of the indebted spouse.
• It can protect inheritance rights of your children from a previous marriage.
• If you have a business, you can protect your interests so that, in the event of a divorce, it does not fall in the hands of your ex-spouse.
• In general, in addition to these agreements specifying financial matters of the marriage, they can also establish any details about decision-making and shared responsibilities that the parties may agree to in advance.

Morillo Suriel, is a law firm in Santo Domingo, Dominican Republic, specialized in prenuptial agreements. Our firm is able to evaluate your individual case through a consultation, and guide you on how to reach a contract that fits your needs.