КО ПЛАТИ ДУКАТ ДА У БРАК УЂЕ, НУДИ ДВА ДА ИЗ БРАКА ИЗАЂЕ
ONE WHO GIVES A PENNY TO ENTER THE MARRIAGE, PAYS A FORTUNE TO EXIT

Summary/Abstract: Family Law of 2005 has reintroduced to the Serbian legal system the rule that existed in the Serbian Civil Code (1844) which enables spouses, prospective spouses and extramarital partners to agree on their actual and future property relations according to their needs. The author points out to two possible approaches to the issue of validity of marital (nuptial) agreement. According to the first (older) conception, a marital agreement is void by its sole nature. It is against public policy and good usages since it allegedly leads to commercialization of marriage, it encourages the divorce and destroys the equity of spouses (general nullity). According to the second (lawful) standpoint, a marital agreement is not void (per se). Its potential nullity should be judged on case by case basis. Consequently, the contractual distribution of marital property is generally permitted by the Law, but this does not preclude the court from finding that the contract at hand is null and void (nullity in concreto).

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