Civil Marriage in Panama

For couples who wish to protect their assets prior to marriage, Kraemer & Kraemer offers prenuptial agreement services. These agreements establish how assets and property will be divided in the event of separation or divorce, providing legal certainty and clarity for both parties.

Prenuptial agreements in Panama can include:

• Distribution of assets acquired before and during the marriage.
• Establishment of alimony in case of divorce.
• Protection of financial assets, real estate and businesses.

Our experienced family law attorneys will draft agreements that protect your interests and follow Panamanian legal requirements.

When contracting a civil marriage in Panama, it is essential to establish a matrimonial economic regime that defines how the assets of the spouses will be established with respect to each other.

Although the matrimonial economic regime and the prenuptial agreement are related, they are distinct legal formalities. The first one establishes the general rules governing the administration of the assets and debts of the spouses, while second one is a personalized contract that allows to modify or supplement such rules, adapting them to the particular circumstances of each couple.

This regime for civil marriages in Panama, regulated by the Family Code, offers three main options:

• Regime of community property: All patrimony acquired for valuable consideration during the marriage is considered joint property, regardless of who acquired it. This means that if they divorce, everything that was earned during the union is divided between them.
  On the other hand, assets owned by each spouse before the marriage, as well as those received for free during the marriage (such as inheritances or donations), are considered separate property. This means they remain the exclusive property of the person who received them and are not shared in case of separation.
• Separation of property regime:Each spouse retains sole ownership of all their assets, including those owned before the marriage as well as those acquired during it.
• Profit-sharing regime: In this arrangement, each spouse retains individual ownership and management of their own assets and resources, meaning they are not considered joint property. However, if they separate, both spouses are entitled to a share of the benefits or earnings that the other acquired during the marriage. Thus, if one spouse has accumulated greater wealth, compensation is established to guarantee that both receive a proportional share of the gains obtained together.

The choice of the regime can be specified by means of a prenuptial agreement in a public deed. If the spouses do not make a pre-marital clause, the marriage will be governed by the regime of profit sharing. In addition, any change of regime must be notified and properly registered to guarantee its validity.

In order to register in Panama a civil marriage celebrated abroad, it is mandatory to present the original marriage certificate, which is issued by the Civil Registry Office or the office that fulfills the same function in the country where the marriage was celebrated. This must be authenticated by the Panamanian Consulate or the competent authority. Once authenticated, the document must be countersigned by the Ministry of Foreign Affairs of Panama to be valid within Panamá.

This procedure is carried out at the Department of Events and Legal Acts Occurring Abroad of the National Directorate of Civil Registry and ascribed to the Electoral Tribunal of Panama. In addition to the certificate, a copy of the identity card of the spouses (or of the Panamanian spouse if applicable), or a copy of the passport in case of foreigners, is required. This process guarantees that the marriage is fully valid in Panama and that the property and inheritance rights are in accordance with the economic regime chosen by the spouses.