Marital capitulations are the agreement or pacts that the parties to the marriage enter into to constitute a marital partnership or the separation of assets and thereby regulate the administration of the property of the spouses. This agreement can be entered into before or after a couple marries, and should regulate property acquired before and during the marriage.

In Mexico, the celebration of marital capitulations is not a common practice. This pact could prevent many property conflicts during marriage and especially during divorce. The Supreme Court of Justice has ruled that when the property regime is a conjugal partnership, if there are no capitulations, marital property will form part of the company. In Nuevo León, for example, even with a separation of property, spouses who dedicated themselves to their children or to the household have the right to receive consideration of up to 50% of the assets created by the other spouse during the marriage.

One of the benefits of celebrating capitulations is that, for married couples, they facilitate the distribution of assets in the event of a divorce or even during marriage and help to avoid setbacks in transactions with third parties.