PREMARITAL (marital) AGREEMENT

Abstract

The regulation of property relations between future spouses is
among the central topics of modern family law, provoking great
interest in the public opinion. The increasing relevance and interest in
the property relations of the intending spouses results from the new
legal developments. Under the new legal concept, an increasing
importance in the regulation of property relations of the intending
spouses is given to the contractual regime, more precisely to the
regulation of these relations before the marriage by concluding a
premarital agreement. The contractual regulation of these relations by
signing a separate agreement may seem at the first glance as a
pragmatic and strict business relationship, where detailed care is taken
for the protection regime of the property interests of the intending
spouses. In contrast to the above mentioned, today's legal practice is
very supportive toward this type of agreement, noting that the
prenuptial agreement is achieved by means of legal certainty and that
it is an instrument that improves the overall property standing of the
prospective spouses. Despite the indisputable fact that it is a novelty in
the field of marriage law, the progress in the sphere of regulation of
property relations in prospective marriages indicates that this type of
agreements enters the modern law, followed by strong resistance.