Prenuptial Agreements are legal in Costa Rica, pursuant to Article 37 of the Family Code of Costa Rica. They may modify the default rule in Costa Rican law that most assets that are acquired by either or both of the spouses during their marriage are considered marital assets, to be divided equally upon a separation or divorce. Assets that are inherited by only one spouse, or are given as a gift to only one spouse, or are acquired after a de facto separation are not marital assets, pursuant to Article 41 of the Family Code.

Prenuptial agreements should be signed before a notary public in Costa Rica, and in most cases should be registered in the Costa Rican Public Registry.

Note that if people live together in Costa Rica for two years or more under the same roof as a couple, they may be deemed to be in a domestic partnership if their relationship is “public, notorious, stable, and exclusive.” The Costa Rican law provides that a recognized “de facto union” will produce all of the results of a legally recognized marriage. (Article 245, Family Code). A prenuptial agreement can protect against such treatment.