Resumo

MAFRA, Tereza Cristina Monteiro  e  MENDONCA, Rafael Baeta. PRENUPTIAL AGREEMENT: PROVISIONS ON ALIMONY AND PATRIMONY PENALTIES IN CASE OF DIVORCE. Revista Internacional CONSINTER de Direito [online]. 2022, n.15, pp.507-526.  Epub 28-Fev-2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00015.25.

The present study aims to analyze the content limits of the prenuptial agreement, notably by approaching the existing dichotomy between private autonomy versus state interference in Family Law. Under this approach, it is intended to verify whether the aforementioned pact could include (i) a provision that deals with alimony; and (ii) inclusion of property penalties due by one spouse to the other in case of rupture of the marital relationship. There are few scientific works that address the specificities and controversies of the institute in the Brazilian legal system. In addition, research shows that the number of prenuptial agreements signed in the country has practically doubled in the last ten years, which reinforces the relevance of this study. The method used is deductive, through bibliographic research, including using comparative law, notably Portuguese law.

Palavras-chave : family law; marriage; private autonomy; prenuptial agreement..

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