Marriage contracts are conventions entered into by the spouses at three points in time:

• Before marriage(prenuptial).
• At the time of celebrating the marriage.
• During the marriage, concerning the assets, donations and concessions that one wishes to make to the other, present or future.

Those who are in a de facto union or who, being married, have dissolved the conjugal partnership may also capitulate.

Divorce trends in Ecuador

Between 2006 and 2016, in Ecuador, divorces increased by 83.45%. According to data from the National Institute of Statistics and Census (INEC) in the Yearbook of Vital Statistics: Marriages and Divorces, in 2016 there were 25,468 divorces, compared to 13,981 in 2006. Meanwhile, marriages fell 22.01%(74,036 in 2006 and 57,738 in 2016).

The main causes of divorce recorded in 2016 were:

• Mutual agreement: 62.80%(15,995 cases).
• Voluntary and unjustified abandonment: 32.02%(8,157 cases).
• Serious offenses or hostile attitude: 895 cases.
• Other grounds: in a smaller number of lawsuits.

Importance of marriage contracts

Age is a key factor in the decision to enter into marriage contracts. Young people, within the idyll, enter into marriage with no other consideration than love. However, people who have gone through a first marriage and divorce tend to be more cautious.

Some 90% of divorced persons, before remarrying, have already entered into marriage contracts.

The basis of every relationship is trust, right…? I marry you because I love you, not because of what you have. Therefore, the future spouses should talk honestly and transparently about the economic regime to be established within the marriage. It is an act of maturity, responsibility and protection of the family and children.

Some people mistakenly think that marital contracts are linked to a fear or apprehension that the marriage will end. But if that were the case, even then they would be desirable.

Marital contracts are the best way to define the destination of assets in the event of divorce.

Economic regime in marriage

Each couple must choose the economic regime that will govern their marriage.

• If they do not choose one at the time of marriage at the Civil Registry, their union will be governed by community property, that is, joint property.
• If they wish to maintain their financial independence, they must sign marriage contracts.

What do the marriage contracts establish?

Marital contracts are property agreements in which, by means of a public deed, it is determined:

• What assets will form part of the marital partnership.
• Which assets will remain outside the marital partnership.

The capitulations allow each party to maintain financial independence, if they so desire.

Can marital contracts be modified?

Yes, the capitulations are a voluntary and solemn act, carried out by means of a public deed in a notary’s office.

By their nature, they are revocable, modifiable and may be revoked, but always by means of a public deed.

In law, things are undone the same way they are done.

They differ from the dissolution of the marital partnership, since once dissolved, it cannot be reestablished, unless the spouses remarry.

Legal advice on matrimonial property agreements

Marriage contracts should be prepared by a legal professional with knowledge, experience and practice in the field.

Do not hesitate to call or write us.

We put at your disposal our offices in New York City, from where we serve the entire tri-state area(New York, New Jersey and Connecticut), with a team of proven professionals with experience in legalization of documents to give them full legal and juridical effect in Ecuador.

Whether in the Civil Registry, Courts of Justice and/or any administrative agency, we serve in all areas of Family Law, together with a staff of attorneys that seeks to offer a service that is distinguished from what is commonly offered by other lawyers, notaries or improvised persons.