PRENUPTIAL AGREEMENTS AND THEIR LEGAL VALIDITY

Abstract

This paper aims to explore the formal and substantive requirements necessary for the legal validity of prenuptial agreements, as well as to investigate their limitations within the context of Brazilian law. For such agreements to be considered valid, they must be executed through a public deed prior to marriage and contain clauses that respect legal boundaries, such as the preservation of inalienable rights and compliance with public order rules. The absence of these requirements may result in the nullity or ineffectiveness of the agreement. In addition to the formalities provided by law, the study of prenuptial agreements involves an analysis of constitutional principles, such as the dignity of the human person and the equality between spouses, both guaranteed by the Federal Constitution of 1988. The principle of equality, for instance, is enshrined in Article 226, §5, which establishes that the rights and duties of the spouses must be exercised equally. This means that prenuptial agreements cannot violate this parity or create situations of patrimonial imbalance between the parties. This paper also examines the evolution of judicial interpretation regarding prenuptial agreements, especially the rulings of the Superior Court of Justice (STJ) and the Federal Supreme Court (STF), which have played a fundamental role in shaping legal understanding on the matter. The courts have reiterated the need to balance the private autonomy of the spouses with the protection of fundamental rights, ensuring that the agreed clauses do not result in irreparable harm to one of the parties, particularly with respect to non-waivable rights such as alimony and inheritance.