Panama prenuptial agreements: what to organize first.
A general guide for separating the financial conversation from formal drafting and arriving at a review with better questions.
Organize the decisions before formalizing the clauses.
In Panama, marital agreements may stipulate, modify, or replace the economic regime of a marriage and address other provisions connected with it. Panama's Family Code regulates their form, amendment, registration, and limits.
That does not create a universal template. The conversation changes with premarital assets, debts, companies, inheritances, housing, children, residence, and assets in other countries. This page helps prepare the conversation; it does not decide which regime or clause is appropriate for a particular couple.
What to discuss before requesting a document.
- Purpose. What needs clarity: premarital assets, a company, debts, housing, inheritances, future responsibilities, or several of these issues?
- Inventory. What does each person own, under which title, and in which country?
- Debts and guarantees. Are there loans, business obligations, personal guarantees, or commitments the other person should understand?
- Business and income. Are shares, intellectual property, dividends, or reinvestment decisions involved?
- Housing and expenses. How do the couple want to address contributions, ownership, maintenance, and decisions about a shared home?
- Future changes. Which events should trigger a review: relocation, birth, inheritance, business sale, major purchase, or change of residence?
- Jurisdictions and advice. Do assets, citizenship, residence, or agreements in another country require coordination with local counsel?
What Panama's Family Code provides.
The provisions must be read together and applied to the actual facts. These points summarize official material; they are not an individual recommendation.
- Article 86 describes what may be stipulated concerning the marital economic regime.
- Article 87 allows execution before or after marriage and establishes a public deed as the general rule.
- Article 90 requires the same formalities for amendments and protects third-party rights.
- Article 91 addresses registration references and additional effects when real estate is involved.
- Articles 92 to 94 establish limits, consequences if the contemplated marriage does not occur within the statutory period, and invalidity rules.
What to bring to an initial review.
Do not send sensitive documents through a public form. First confirm the scope and the appropriate channel.
- A general list of assets, debts, businesses, and relevant countries.
- The intended marriage date and place of celebration.
- Existing agreements, deeds, structures, or wealth-planning documents.
- Questions already agreed and issues that remain open.
- Foreseeable changes that may require a later review.
Clarity is not a guarantee.
| Do not assume | A better question |
|---|---|
| “An agreement automatically protects every asset.” | Which assets, owners, countries, and rights require analysis? |
| “One document will work identically in every country.” | What legal coordination is needed in each jurisdiction? |
| “Signing eliminates the possibility of conflict.” | Which disclosures, consent, formalities, and reviews reduce ambiguity? |
| “A financial conversation replaces tax or business advice.” | Which additional specialists should participate? |
Official basis for professional review.
These official sources are a starting point. The current force, interpretation, and application of each provision must be confirmed for the specific matter.
Organize the conversation before formalizing.
The Prenuptial Guidance service helps identify agreements, differences, and questions that should move to professional review.
General information only. It is not legal, tax, or financial advice and does not create an attorney-client relationship.
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By Carolina Solís Toala · Lawyer