Abstract

Italian courts generally consider prenuptial agreements in contemplation of divorce invalid for reasons of public policy. Recent proposals for reform aim to overrule this judicial position through express legislative provisions. The analysis of the legal treatment of prenuptial agreements within systems that recognize their validity helps understanding their implications on the social meaning of marriage and the specific issues they raise in terms of contractual consent, risk management in the light of changed circumstances and disparities in the distribution of resources among spouses. The results of comparative analysis offer useful insights for a critical exam of the implications of the proposed reforms on Italian law.