Short answer. Not by an ordinary clause. Donations of future property are governed by the rules on testamentary succession and must meet the formalities of wills. A promise in a notarised marriage settlement to give what you will one day own does not satisfy those formalities.

What the law says

Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills.

Family Code, Article 84 — Limit on Donations Between Future Spouses; Future Property. Read the full provision →

Why the law treats it as a legacy

A gift of something you already own transfers now; a gift of something you may acquire later can only take effect at death, because until then there is nothing to hand over and the donor remains free to acquire or not acquire it. That is the shape of a legacy, so the law makes it follow the rules for one. The consequence is not a technicality about paperwork. It brings in the whole apparatus of succession — including the compulsory shares the law reserves for heirs, which a donation of future property cannot be used to defeat any more than a will could.

Present property is the dividing line

The distinction that matters is between what the donor owns at execution and what the donor hopes to own. A house already titled in the donor's name is present property, and a donation of it in the settlement is a real donation, subject only to the ceiling the same article imposes where the couple chose a regime other than absolute community. Future earnings, an inheritance from a living parent, a lot the donor is still paying for on instalment, a business not yet acquired — those are future property. Couples often assume that describing the asset carefully is what counts. It is not; ownership at the date of signing is.

What the formalities of wills require

A will is not a notarised contract with a different heading. It must be executed the way the law prescribes for wills, with the attestation and witnesses that form demands, and a clause tucked into a marriage settlement will not have been executed that way. A settlement is signed by two people and, where it applies, their parents or a guardian; it is not witnessed as a will is. So the clause purporting to donate future property is defective for want of form, and the rest of the settlement stands without it.

Use the right instrument for each half

If your intention has two parts, split it into two documents. Put the transfer of what you own now into the marriage settlement, executed before the wedding and registered where the law requires. Put the provision out of your future estate into a will, drawn and executed as a will, which you can revise as your circumstances change. A lawyer will want to see the titles and proof of what each of you actually owns today, because that inventory is what decides which document each item belongs in.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.