Creating and Changing Marriage Contracts

Any form of marriage contract may be changed, irrespective whether the provision(s) to be changed relates to financial or non-financial matters.

Creating Marriage Contracts
On pain of nullity, marriage contracts have to be created through a public deed. Therefore they have to be created before a notary and must be expressed in a public deed.

Changing Marriage Contracts
Before marriage is contracted, a prenuptial agreement may be changed with the consent of all parties involved in the contract (Article 1243, Civil Code).

After marriage, the contract may be varied only with the court's approval. In such case the court will ensure that such changes are not prejudicial to the rights of the children or of third parties. Where no pre-nuptial agreement was made, spouses may make a marriage contract with the authority of the court as to ensure that third parties will not be prejudiced by the change.