Marriage contracts, commonly referred to as prenuptial agreements, are one of the most effective yet misunderstood legal tools available to couples in Costa Rica. Whether you are an American planning to marry in Costa Rica or an expat already living there, a legally valid prenuptial agreement (prenup) can define how assets are owned, protected, and transferred during the marriage and in the event of separation or death.
This guide explains how prenuptial agreements work under Costa Rican law, why they matter, and how couples can use them to protect their financial future with clarity and certainty.
What Are Prenuptial Agreements and What Are They For?
Prenuptial agreements (“capitulaciones matrimoniales”) are legally binding contracts signed before marriage. Their purpose is to establish how property, income, debts, and future acquisitions will be managed throughout the relationship.
Under the Costa Rican Family Code, couples may choose among several economic regimes, including:
- Separate property (régimen de separación de bienes): Each spouse retains exclusive ownership of their assets.
- Marital partnership/community property (sociedad conyugal): The default regime if no prenuptial agreement (prenup) is signed, where most assets acquired during the marriage become joint property.
- Customized or mixed regimes: Tailored structures permitted by Articles 36–41 of the Family Code.
A prenup allows both partners to define clearly:
- Which assets remain individually owned
- How future acquisitions will be classified
- How debts or liabilities will be managed
- What rules will apply in case of divorce, separation, or death
Without a prenup, the law automatically imposes the marital partnership regime even if the spouses intended otherwise.
Who Can Sign a Prenuptial Agreement and When?
Costa Rican law offers exceptional flexibility regarding when couples may enter a marriage contract. Agreements can be signed:
- Before marriage: The most common and recommended time. The contract must be formalized before the wedding ceremony.
- Cohabiting couples: Partners in a de facto union (“unión de hecho”) may sign a prenup at any moment. There is no minimum cohabitation period required to formalize the agreement.
- Already married couples: Even after the wedding, spouses can modify the economic regime by executing a new agreement before a notary. This is permitted by Article 37 of the Family Code.
A notarized public deed is required, and both parties must consent freely. Registration in public registries is only necessary if the agreement governs future movable or immovable property acquisitions.
Why Should You Consider Having a Prenuptial Agreement?
Although discussing finances may feel uncomfortable, marriage contracts provide essential protection and clarity, especially for foreigners, business owners, and couples with complex financial profiles.
Prenups are particularly valuable when:
- One spouse has significantly more assets, savings, or investments.
- There is a desire to protect family property, inherited assets, or business holdings.
- One or both spouses own real estate in Costa Rica or abroad.
- There are children from previous relationships with inheritance rights.
- Couples want to prevent expensive, hostile litigation in the event of divorce.
- Partners wish to maintain separate asset management during the marriage.
A well-drafted prenup ensures that decisions about property and finances are made calmly, fairly, and transparently before any dispute arises. Far from being unromantic, it is a responsible financial plan that strengthens trust and avoids misunderstandings.
When Is a Lawyer’s Assistance Required for Prenuptial Agreements in Costa Rica?
Legal counsel is essential to ensure the agreement complies with the Costa Rican Family Code and is fully enforceable.
A lawyer is required for:
- Choosing the right marital regime: Professionals explain the legal differences between separate property, partnership, and mixed regimes.
- Drafting the legal document: A family law attorney ensures the prenup reflects the couple’s intentions and avoids ambiguous or unenforceable clauses.
- Ensuring validity under Costa Rican law: Certain clauses may be deemed void if they conflict with public order, inheritance rights, or statutory protections.
- Formalizing the contract before a notary: Marriage contracts must be executed as public deeds.
- Modifying an existing agreement: Changes after marriage require proper legal procedures and notarization.
- Preventing cross-border conflicts: For expats with assets in the U.S. or other countries, a lawyer ensures the agreement aligns with international succession and marital property rules.
What Happens if Prenuptial Agreements Are Not Signed Before Marriage?
If no marriage contract is executed before the wedding, spouses are automatically governed by the sociedad conyugal (marital partnership) regime. Under this system:
- Most assets acquired during the marriage are joint property, even if purchased by only one spouse.
- Income generated during the marriage may be considered partnership assets.
- Business interests, investments, and real estate may become part of the marital estate.
- Dividing assets in a divorce becomes a judicial process that can be lengthy and expensive.
For couples with personal assets, international holdings, or unequal wealth, the default regime may produce outcomes they did not intend.
Comparison of Marital Property Regimes in Costa Rica
Adding this table helps readers immediately understand the differences:
| Regime | How It Works | Best For |
| Separate Property | Each spouse retains exclusive ownership of present and future assets. | Business owners, high-net-worth individuals, and foreign property owners. |
| Marital Partnership (Default) | Assets acquired during the marriage become jointly owned. | Couples without significant separate assets. |
| Mixed / Customized | Couples define which assets are joint or separate. | Those seeking flexibility or cross-border consistency. |
Protect Your Future with a Prenuptial Agreement!
If you’re an American or foreign resident planning to marry in Costa Rica, the best time to protect your assets and clarify expectations is before problems arise. A well-prepared prenup ensures transparency, prevents conflict, and secures your financial future.
Speak with a bilingual attorney at American Law Partners to draft a prenuptial agreement that is fully enforceable in Costa Rica and compatible with U.S. and international legal standards.
Schedule a consultation today to safeguard your rights, assets, and peace of mind as a couple.
Frequently Asked Questions (FAQ)
- Can a prenup be signed after marriage?
Yes. Married couples may change their marital regime by signing a new notarized agreement.
- Does a prenup need to be registered?
Only if it governs future acquisitions of movable or immovable property.
- Are prenups only for wealthy couples?
No. A prenup benefits any couple seeking clarity and fairness in financial matters.
- Can a prenup protect children from previous relationships?
Yes. A prenup can help protect inheritance rights and ensure property passes to children as intended.
- Will a Costa Rican prenup be recognized in the U.S.?
Generally, yes, but enforceability depends on state law. A properly drafted agreement increases cross-border validity.
- Can a prenup include foreign assets or offshore holdings?
Yes. Assets abroad can be included as long as the agreement is properly drafted.
- Do both parties need separate lawyers?
It is recommended, especially for international couples, to ensure fairness and avoid future challenges.
About the Author
This article was written by Terry Steele, Attorney in Costa Rica (cédula de identidad 08-0111-0536, bar license 36269).
With over 35 years of residency in Costa Rica and extensive experience advising international clients in real estate, corporate law, and cross-border investments, Terry specializes in helping foreigners navigate property purchases and residency applications with confidence.
