Prenuptial Agreement in Costa Rica

It cannot be overemphasized: before moving to Costa Rica or becoming romantically involved with a person from Costa Rica while in that country, please familiarize yourself thoroughly with the various laws in that country, especially with regards to romantic relationships and what can happen if such relationships become strained or even dissolve. United States citizens often take it for granted that they are really in another country altogether, one that has a completely different legal code and some significantly different cultural and social standards to boot. Prenuptial agreements can be made, but the only time it’s recommended is if it’s done through a local and very well-respected Costa Rican law office, that way the attorneys there can protect you from what could possibly be quite an array of pitfalls and legal problems.

Just about the worst mistake you can make is to have the notion or belief that nothing bad will happen to you while you are in Costa Rica, whether it be for vacation, visiting, business, retirement, or other reasons. In fact, the punishments for “crimes” committed in Costa Rica can be much more expensive and onerous than anything meted out in the United States. Take the time to ensure that the proper steps were completed in terms of protecting your assets; a prenuptial agreement is certainly nice, and a step in the right direction, but even with such an agreement in force it is quite possible that the man (as is often the case as Costa Rican laws favor women) may be in jeopardy of losing everything. A Costa Rican National can return to their country, bring an action against a spouse, obtain a judgment and have it executed in the United States. So prior to marriage, please take the time to speak with a Costa Rican attorney and learn what can be done to protect your rights and interests and avoid pitfalls like the aforementioned!

A prenuptial agreement in Costa Rica is recognized by the Family Code. Such agreements are typically designed to allocate the distribution of past, present and future assets. Costa Rican law makes no distinctions with respect to the nationalities of the parties entering into a prenuptial, and therefore legally-binding agreement. In order to be valid, the Prenuptial agreement must be signed in the local Notary Public Protocol book, then registered in the Public Registry. In order to further officialize the document, both parties should be represented by counsel and state, in writing, that they relied on the advice of counsel before actually signing the document. A prenuptial agreement, unlike in the United States, may be created and signed after the wedding has occurred, and may be changed or terminated if both parties are amenable to such action.

As you can see, the laws regarding prenuptial agreements and the rights which are extended to the different parties in the event of a dispute are tremendously different in Costa Rica than they are in the United States. Make sure to be well versed in Costa Rican law, or know someone who is and can properly represent you, before entering into any serious romantic relationship in that country. Properly protecting yourself may take some extra time, but it will save you much more time, money, aggravation, and legal problems down the road!