Premarital agreements in anticipation of marital breakdown: the conflictual and material test to take into account so that a prenuptial agreement passes a judicial review before Spanish Courts

Abstract

International prenuptial agreements in anticipation of rupture are increasingly used agreements. However, their frequency does not make them easy agreements at the time of their enfor­cement. This situation usually takes place because after the divorce one of the spouses does not usually agree with what was established years ago in the prenuptial agreement. In the event that the worst sce­nario arises and it is necessary to go to court, it is important to consider what aspects or requirements are important for the agreement to pass judicial review. These requirements will be raised from a double perspective: conflictual and material.