PRENUPTIAL AGREEMENT
PRENUPTIAL AGREEMENT

Summary/Abstract: The new tendencies and developments in the positive law have generated a significant interest in the issue of regulating property relations between prospective marital partners. In line with the new legal concept, contractual agreements have an increasing significance in regulating property relations between prospective spouses, particularly the prenuptual agreement which is contracted before entering into marriage. The contractual regulation of these property relations, by signing such a specific agreement, may resemble a pragmatic business-like affair which meticulously concentrates on the details of protecting the proprietory interests of prospective spouses. However, the present-day legal practice is very supportive of the prenuptual agrement, which is percieved as an instrument which provides legal security and promotes the overall proprietory standing of prospective marital partners. There is no doubt that the prenuptual agreement is a new development in the field of matrimonial law which may significantly improve the regulation of property relations in a prospective marriage. However, it cannot be denied that there is a certain resistence or reluctance to introduce the prenuptual agreement into the current legislations. In addition, the general public does not have sufficient information about this new kind of agreement and the opportunities it provides. For these reasons, the author of this paper will endeavour to objectively explore the concept of prenuptual agreement, considering all the arguments for and against the application of this instrument in regulating premarital property relations between prospective spouses.

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