Towards an improvement in individual party autonomy in marriage settlements in a cross-boarder framework

Abstract

The current globalised social order, where the diversity of family models prevails and the transnational element is common, requires national and international regulatory frameworks that are better adapted to the needs of families and provide them with legal security and predictability, taking into account the increasingly ephemeral nature of marriage, which was once perpetual. The aim of this paper, framed from a purely material point of view, is to analyse the evolution of the scope of the property effects that the Spanish legal system allows the members of a cross-border marriage to have by means of the instrument of the matrimonial settlements and their inclusion in these of prenuptial agreements, taking into account the provisions of Regulation (EU) Nº 2016/1103.