Prenuptial Agreements Under Puerto Rico Law – Some Important Notes
Prenuptial agreements under Puerto Rico Law have very stringent requirements, which when absent nullify most if not all prenuptial agreements done outside of Puerto Rico.
A prenuptial agreement in Puerto Rico requires that it be done through a public deed executed before a notary public in Puerto Rico. The contents and format of the deed are very specific. Any deviation from the requirements and the agreement would be ineffective.
A prenuptial agreement in Puerto Rico must completed be done BEFORE the couple is formally married. Once the couple is married, and agreement cannot be created, any agreement cannot be change and not even corrected. If the agreement is incorrect in anyway, once the ceremony is held and the vows are exchanged, the agreement is what it is.
As a notary, I have had the opportunity to work with many prenuptial agreements. At times, I have had situations in which partner decided to engage separate counsel to review the agreement and propose changes before its execution.
If you or someone you know with ties to Puerto Rico is getting married and a prenuptial agreement is part of the equation, make sure that a Puerto Rico notary becomes involved; and of course before they walk down that isle.
Santiago F. Lampón