Part IV

The law of matrimonial property regimes is an eminently practical field of law that addresses the day-to-day concerns of married couples.

A prenuptial agreement serves as the property charter of the marriage, of which it is an integral part. When it goes beyond merely determining the matrimonial property regime, it becomes a complex agreement.

Subject in principle to the general law of contracts, it contains many specific elements regarding the conditions of validity and enforceability. More so than other contracts, the marriage contract is enforceable against third parties to the extent that it establishes the matrimonial regime, allocates the assets comprising the various estates, and determines the spouses’ powers.

As of February 1, 1954 (the date the Family Code entered into force), the community of property regime became the sole and immutable legal regime in our legal system. The new Civil Code marks a return to the tradition of marriage contracts.