Premarriage agreements in prediction of breakup. legal regime, content and efficacy.

Abstract

The empowerment of the autonomy of the will in the field of Family Law has led to the adoption of agreements before marriage with the aim of regulating in advance and preventively the effects of a possible breakup both in the personal and patrimonial sphere of the future spouses, as well as those that may affect the relationship with children subject to parental authority, use of housing and marital duties. All this without prejudice to being able to be agreed upon by de facto couples or more uxorio cohabitants. These are the so-called prenuptial agreements or prenuptial agreements in anticipation of breaking up before getting married, without prejudice to the fact that they can also be agreed to be constant to regulate certain economic aspects related to marriage. All of this, with certain limits such as that they do not contradict the mandatory norms existing in our system or the civil and constitutional principles that define the institution of marriage, the situation of marital crisis and parent-child relationships and, the principle of equality without gender. We are going to focus on such prenuptial agreements in anticipation of a breakdown in what their legal regime and content represent.