A Prenuptial Agreement is a legal document that ensures the administration and protection of the spouses’ patrimony during their marriage and in case of an eventual divorce. This agreement must be drafted before the marriage celebration takes place and must be signed before a Notary Public if the future spouses live in or have traveled to the Dominican Republic. In case the spouses are abroad, the document must be signed and legalized by the Consul of the Dominican Consulate located in your country.
At eLexPersona.com we draft prenuptial agreements for:
- Foreigners who will marry in the Dominican Republic
- Marriage of a foreigner and a Dominican
- Marriage of two Dominicans
The different types of Prenuptial Agreements are the following:
- Separate Property System of Marital Community: The spouses maintain the separate ownership, administration and enjoyment of the assets belonging to each of them before and during the marriage, having only to contribute with household expenses.
- Combined System: System formed by the assets acquired during the marriage. It excludes passives and assets the spouses already owned.
- Endowment System: The patrimony of each spouse remains separate with the exception of the endowed goods the wife must contribute to the marriage for household expenses.
If the spouses have not decided on a prenuptial agreement before getting married, it is assumed that the spouses have adopted the legal community of property, where all assets acquired during the marriage are divided between the spouses. Once the spouses have married and this prenuptial agreement has been adopted, it cannot be modified by a subsequent agreement.
“This service is only available to those individuals who register under the name and identity of the person who will be requesting the document or legal service.”
Legal Fee: US$1,600.00
REQUIRED DOCUMENTS:
1. Copy of Cédula (Dominican ID card) or complete passport (if foreigner) of the spouses.
2. Power of Attorney authorizing eLexPersona.com to legalize the Prenuptial Agreement at the corresponding consulate in the Dominican Republic. This will only apply if this document will be presented abroad.
Expenses related to document legalizations in your country’s consulate in the Dominican Republic will vary depending on how many documents will be legalized and the fees charged per consulate. eLexPersona.com has covered this fee, however if the expenses exceed the established amount, these will be charged separately.
Frequently Asked Questions
1 -What are the different types of Prenuptial Agreements?
- Separate Property System of Marital Community: The spouses maintain the separate ownership, administration and enjoyment of the assets belonging to each of them before and during the marriage, having only to contribute with household expenses.
- Combined System: System formed by the assets acquired during the marriage. It excludes passives and assets the spouses already owned.
- Endowment System: The patrimony of each spouse remains separate with the exception of the endowed goods the wife must contribute to the marriage for household expenses.
2 -Once the Prenuptial Agreement has been drafted, what are the steps that follow?
After the agreement has been drafted, the document must be served to the notary public of the corresponding jurisdiction, where the agreement was executed with the objective of making the same public. The document will also be legalized in the Ministry of Foreign Relations, in the corresponding Consulate of the country where the same will be presented, and will be translated if necessary. We will draft a Power of Attorney authorizing eLexPersona.com to request the legalization of the Prenuptial Agreement in the corresponding consulate in the Dominican Republic.
A certified copy of the agreement and a confirmation stating the agreement was served to the Civil Registry Office must be presented to the Court of Peace Judge who will officiate the marriage in order to make the corresponding annotations in the marriage certificate. If foreigner, please verify in your country if the document needs any additional legalizations to ensure its validity. Additional legalizations will be billed separately.
