Purpose and motives for entering into a prenuptial agreement

this scientific article attempts to identify the main purpose of concluding a prenuptial agreement, as well as to present a typology of motives that induce spouses to enter into these contractual relations. It is presumed that the main and actually the only purpose of the conclusion of the prenuptial agreement is the desire of its subjects to settle important aspects of their property relations. At the same time, the opinion is consistently presented according to which it is appropriate to subdivide the specific motives for concluding a prenuptial agreement into legal and unlawful ones: the first group of motives is based on any lawful inducements of the subjects of marital legal relations, while the second group of motives is based on some intents contrary to the letter and spirit of the law. The most common, typical unlawful motives for concluding the prenuptial agreement are given and characterized in detail, among which are presented the fraudulent motive of obtaining property benefit in the absence of collusion between the spouses, the fraudulent motive of obtaining property benefit in the presence of collusion between the spouses and the violent motive of obtaining property benefit. It is noted that despite the external diversity of various legal and even more illegal motives that induce future or current spouses to conclude a prenuptial agreement, all of them have a common semantic «core» – obtaining certain property satisfaction.

family law, prenuptial agreement, agreement conclusion, subject of law, motive, will