La expresión de la autonomía de la voluntad de los cónyuges en las crisis matrimoniales

Abstract

The progressive advancement of the family law towards recognition of its autonomy runs parallel to the development of its limits; constituted mainly by the limits of the constitutional principles of equality of the spouses in the marriage and the limits deriving from the configuration of marriage as an institution, covering the mandatory regulations regarding the duties between spouses and the causes of separation. Expressions of autonomy of the will before the marriage crisis include premarital agreements. It is pacts between the spouses reached before and after marriage, but before the crisis and which are conditional, i.e. they depend on the existence of a marital crisis; and prevention, that is, they anticipate problems or conflicts that may arise before the eventual crisis.