Marriage Contract and Agreement on Division of Joint Property of Spouses: Comparative Legal Analysis

Abstract

Marriage contracts are becoming more common in the system of regulators of family relations. The need for such agreements arises at all stages of the development of marital relationships – the creation, existence and termination of the marriage. The urgency of the analysis of contractual relations of spouses is caused by the expansion of contractual initiative between husband and wife or persons seeking to settle their property rights before marriage registration because the exercise of joint ownership rights by spouses often raises problematic issues for practitioners, which often leads to litigation. The authors shift the question of differences and similarities of features, theoretical and practical basis of the most popular family property contracts.