Capitulaciones matrimoniales, Costa Rica’s version of a prenuptial or marital agreement, are a legal contract between future spouses, or spouses who are already married, that sets out how assets and debts will be handled during the marriage and in the event of divorce or death. In short, they let a couple define the financial rules of their marriage.
Why they matter
A clear agreement protects individual and family assets if a marriage ends, encourages financial transparency between spouses, and makes inheritance and estate planning far simpler. For mixed-nationality couples in particular, where each partner may own property in different countries, this clarity is invaluable.
The two main property regimes
Costa Rican law generally recognizes two approaches. Under a separation of property regime (separacion de bienes), each spouse keeps ownership and control of the assets they bring in and acquire during the marriage, and their income and debts stay independent. Under a community property regime (comunidad de bienes), assets are shared between the spouses. Capitulaciones let you choose and tailor the arrangement that fits your situation.
When to sign them
You can enter into capitulaciones before the wedding or during the marriage, and they are formalized before a notary and recorded so they are enforceable. The best time is before questions arise, while both partners can decide calmly and in good faith.
How we help
At Libre Verdad Servicios Legales, we draft and formalize capitulaciones matrimoniales tailored to your circumstances, explain each regime in plain terms, and make sure the agreement protects both partners.
Considering a prenuptial agreement in Costa Rica? Contact us by direct message and we will walk you through your options.
General information, not legal advice.
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