A importância do pacto antenupcial nos regimes de bens do casamento.

Abstract

This article addresses the use of the Prenuptial Agreement as an alternative tool for regulating marital relations. An analysis will be made of the existing property regimes in the Civil Code and in cases where the bride and groom perceive the need for prior regulation. The general objective of this research is to analyze the legality of prenuptial agreements, bring concepts, rules, and division of assets upon separation and death and present the specific objectives which are: describe the historical context of the Prenuptial Agreement and characterize the civil contract/marriage in the context current legal system, showing how the Prenuptial Agreement protects the bride and groom in marriage. It will observe articles 1,653 to 1,657 of the Civil Code, the rules brought by these articles, opinions, and doctrinal divergences, whether they committed unconstitutionality in the writing of these articles when imposing an obligation. Seeking to analyze the proposed theme, the methodology will be based on theoretical investigation regarding the importance of the prenuptial agreement in property regimes. The research carried out will follow the so-called bibliographic modality.

Keywords: Family Law; Marriage; Prenuptial Agreement; Property Regime.