Abstract
The conclusion of agreements in contemplation of a family breakdown is a relatively recent development in Spain. The Spanish Civil Code contains no provisions regulating them. Nevertheless, in its groundbreaking decision of 31 March 2011, the Supreme Court has expressly upheld the validity and enforceability of these agreements. Such validity is con?rmed in two sub- sequent decisions in 2015 and 2018. This paper analyses the speci?c requirements for concluding these agreements and clari?es the limits of their validity.
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