Prenuptial Agreement and the Arbitration Clauses: Limits and Possibilities

Abstract

This work aims to delineate the possibility of inserting arbitration clauses in the prenuptial agreements on the subjects to be discussed in these two institutes. It analyzes the possibilities of subjects that could be treated in the prenuptial pact, subject to arbitration hearings, in the face of the Brazilian legal system, putting in check the benefits of the union of arbitration clauses and prenuptial agreement devices. Using the deductive method, the present work will be carried out through a doctrinal review and analysis, especially the result of master's and doctoral (PhD) research. In this way, the work will seek to identify the limits and possibilities of antenuptial contracts, as well as the arbitration clauses. Afterwards, it will be possible to answer the questions: would it be possible to place an arbitration clause in marriage contracts? If so, what are the benefits and limitations of this form of conflict settlement?