Autonomy in balance: Prenuptial agreements between contractual freedom and family law

• Published in: Multidisciplinary Science Journal Vol. 7; no. 12; p. 2025663
• Main Authors: Saraçi, Aida, Himçi, Blendi
• Format: Journal Article
• Language: English
• Published: 01.12.2025
• ISSN: 2675-1240; 2675-1240
• DOI: 10.31893/multiscience.2025663

Prenuptial agreements serve as a legal instrument for the preliminary regulation of property relations between spouses, reflecting the principle of contractual autonomy in family law. This study aims to analyze the recognition and functioning of this institution within the Albanian legal system, specifically under the Family Code and Civil Code, as well as the challenges encountered in its practical implementation. Employing a doctrinal, normative, and comparative methodology, the study examines existing legal gaps, limitations on the exercise of contractual autonomy, and the need for protective mechanisms for vulnerable parties. The findings suggest that the absence of a clear legal, procedural, and supervisory framework renders the implementation of prenuptial agreements uncertain and unstable, thereby reducing their potential as instruments for conflict prevention and enhancing legal certainty. In conclusion, the study recommends the establishment of a consolidated legal structure that combines contractual autonomy with the protection of substantive equality between spouses, ensuring transparency, effective justice, and legal security within family relationships.