Decision 1885/2541 (1998): Maintenance Waiver Void
The Supreme Court held that a prenuptial clause eliminating post-divorce spousal maintenance conflicts with public order because maintenance is a statutory right under section 1465 of the Civil and Commercial Code (CCC). The provision was severed and the wife was awarded standard support.
Key points
- Maintenance rights are non-derogable; consent cannot defeat them.
- Courts will strike any clause that “permanently deprives” a spouse of support.
- Cited in later cases, notably Decision 2159/2562 (2019).