In Mexico, prenuptial agreements are known as capitulaciones matrimoniales (matrimonial capitulations) and are governed by the Civil Code of each Mexican state. They are widely used and recognized throughout Mexico.
Legal Framework
Mexican law recognizes two matrimonial property regimes: (1) sociedad conyugal (community property), where assets acquired during marriage are shared equally, and (2) separación de bienes (separation of property), where each spouse retains their own assets. A prenuptial agreement can establish which regime will govern the marriage.
Requirements
- Must be executed before a Notario Público (Mexican notary)
- Both parties must be present and sign before the notary
- Must be registered with the Civil Registry
- Full financial disclosure is recommended