ATTITUDES TOWARD PRENUPTIAL AGREEMENTS AND THEIR POTENTIAL AS A LEGAL REGULATORY TOOL: THE CASE OF THE REPUBLIC OF KAZAKHSTAN

Abstract

The development of prenuptial agreements worldwide is marked by significant variability, influenced by diverse historical, psychological, and cultural factors. This study focuses on age and gender differences in attitudes toward prenuptial agreements in Kazakhstan, while also considering the impact of social, economic, and cultural elements on the adoption of these agreements. This research is particularly relevant for the Central Asian region and Eastern Europe, where modern prenuptial practices only began to take shape after the decline of socialist ideologies. Kazakhstan is currently undergoing socio-legal modernization, incorporating elements of Western family law; however, these practices face substantial limitations due to the need to respect traditional values, which strongly influence perceptions of prenuptial agreements. This study engaged 1,000 participants aged 20 to 50. Through surveys, in-depth interviews, and expert consultations, patterns in perceptions of prenuptial agreements were identified across demographic groups, with a special emphasis on younger generations and gender distinctions. Key findings indicate that younger participants (ages 20–30) show greater openness to prenuptial agreements, viewing them as pragmatic planning tools, while older individuals often exhibit hesitancy and negative views, largely shaped by traditional beliefs. Furthermore, women display a stronger preference for prenuptial agreements, seeing them as a means of financial security. These findings highlight the need for culturally sensitive legal reforms that account for these demographic variations, supporting the gradual integration of prenuptial agreements into Kazakhstani family law. Such integration may broaden marital rights, reduce economic vulnerability, and enhance protections for women and children. This study contributes to the literature by clarifying how age, gender, and sociocultural factors uniquely influence acceptance of prenuptial agreements, and it offers insights for targeted legal education and policy reform in family law.