Recognition of a Marriage Contract as Invalid as an Agreement Concluded in Order to Avoid Liability to Creditors

This work is a generalization of the approaches that have developed in judicial practice, which provide the creditors of the debtor's spouse with the opportunity to challenge a marriage contract aimed at an unequal distribution of the jointly acquired property of the spouses in order to avoid liability to the creditors of the spouse. For the purposes of completeness of the study, we have analyzed both cases of contesting the marriage contract in bankruptcy cases of the debtor's spouse, as well as in non-competitive contesting of the marriage contract. Also, to complete the study, we analyzed the legal nature of the terms of the marriage contract, concerning the determination of the legal regime of jointly acquired property in the event of divorce, as well as the legal regime of the obligations of the spouses and the rights and opportunities of creditors to recover and its dependence on the category of debt (whether such debt relates to personal or general obligations of the spouses).