Legal and psychological challenges of prenuptial agreements in Georgia: An analytical overview

In the modern world, the institution of the prenuptial agreement occupies a significant place in both private law and the system of regulating social relations. The introduction of relevant provisions into the Civil Code of Georgia in 1997 established a legal foundation for the formal regulation of property relations between spouses. Nevertheless, the practical application of this institution remains extremely limited in Georgia. This study combines legal, comparative-legal, and psycho-social analyses and aims to provide a comprehensive assessment of the existing regulations and barriers related to prenuptial agreements in the Georgian context, compared to international practice. Normative and comparative-legal methods were employed in the research. The current regulations of the Civil Code of Georgia were evaluated in terms of their substantive fairness, equality, and protection of the best interests of the child. In parallel, the legal frameworks of Germany, Hungary, and Poland were analyzed to identify elements of European practice that could be adapted to the Georgian legal context. The legal analysis is complemented by an overview of precedents from Courts, as well as the psycho-social significance of the effective functioning of prenuptial agreements. The study concludes that prenuptial agreements in Georgia currently lack both legal clarity and social legitimacy. To ensure the effective functioning of this institution, it is necessary to refine the legislative framework, enhance the explanatory component of the notarial process, and integrate the practice more fully into the Georgian legal system.