Should I enter into a marriage contract?
If earlier few people thought about what would happen after the wedding, and even more did not think about a possible divorce and division of property, then modern people have become more pragmatic. In order to protect themselves from fraud by the second half, many decide to conclude a marriage contract. And what is this contract for? How to conclude it?
What it is?
What is a marriage contract? According to the Family Code of the Russian Federation, it is an agreement of persons entering into legal marriage or being spouses, which defines the property obligations and rights of the wife and husband in the process of family life and after the dissolution of the marriage.
In other words, such a document allows you to establish the procedure for dividing property after a divorce and to avoid disputes and conflicts on this basis. If ten years ago, almost nothing was heard about such a contract, and only oligarchs and celebrities entered into marriage contracts, today this agreement is quite common in legal practice.
Many believe that the concept of "contract" and "contract" are different.In fact, they mean the same, but the contact is the self-signed legal agreement, and the contract is the form of the document on which the agreement itself is formalized.
What is a marriage contract for, what does it give?
The essence of the marriage contract is that it regulates the most diverse property relations of the spouses in certain conditions and cases. At the same time, it may affect both the property already available to the spouses and the property that will be acquired in the future.
In the contract, you can specify any nuances of property relations, for example, who will get a car or apartment after a divorce, as well as who must fulfill these or other property obligations. In addition, such a document may specify the specific conditions under which a particular clause of the contract must be fulfilled (the birth of a child, the withdrawal of one of the spouses for official work, and so on)
Here are some points that may be specified in the marriage contract:
- Everything related to family expenses, for example, the order of their incurring.
- Ways of participation of spouses in each other's incomes.
- Distribution of duties and rights by mutual content of each other (for example, the content of a spouse with a child who has not reached a certain age).In this case, specific amounts are usually indicated.
- The property status of children adopted or married in marriage (their content, property, which will go to the heirs). At the same time, under the terms of the agreement, the rights of the child should not be infringed.
- The list of property that after the divorce must go to each of the spouses.
In general, a marriage contract allows you to establish several modes of ownership of the property of the spouses, who are legally married:
- Separate property. In this case, jointly acquired property may be transferred under the terms of the contract to one of the spouses.
- Joint ownership. In this situation, all property is jointly acquired and is divided equally.
- Share ownership. Such an option implies the determination of specific shares in the ownership of property considered jointly acquired.
It should be noted that the marriage contract can regulate only the property relations of the wife and husband. Such a document does not affect the personal relations of spouses and family responsibilities, not related to the property of the family. Interaction with children (for example, communication with them after the dissolution of the marriage) is also not regulated by the contract.
Advantages and disadvantages
To begin with, we list the advantages of the marriage contract:
- Ability to protect yourself from fraud. Marital swindlers today, unfortunately, are not uncommon.
- Some people simply cannot sacrifice their property because of their status. The contract strictly defines the rights of ownership and property and avoids significant losses.
- The contract is a certain guarantee that neither of the spouses will decide to leave the other with nothing (this may be a kind of revenge).
- Unfortunately, in today's world, single mothers are not uncommon. And such women, abandoned by their husbands, practically lose their money and are forced to live in poverty. The contract can protect such women as it provides for the definition of duties and rights for the maintenance of children or spouses.
Now the cons:
- A marriage contract may be for one of the spouses (or for both at once) a means of manipulating or exerting pressure.
- This document is still considered by many to be the personification of mutual distrust of the wife and husband. And it can spoil the relationship.
- It is not always possible to foresee all situations that may arise in the process of family life.And this can lead to serious and undesirable consequences for one of the spouses (or even both).
How to make out?
How to make a marriage contract? What do I need to do?
- To begin with, the spouses should agree among themselves and identify the main points of the contents of this document, having come to a general agreement.
- It is best to find an experienced and professional lawyer who will help to properly draw up and formalize the contract and avoid misunderstandings and mistakes.
- The contract is made in writing.
- You will also need a notary, who, firstly, will check the document for correctness and compliance with the laws of the Russian Federation, and secondly, will notarize it. For certification, the notary will require the passports of both spouses (they must be provided personally by each of the parties), information about the property of each spouse, documents confirming the property rights to the property, as well as a marriage certificate (if already concluded). Uncertified contract is invalid.
When can I enter into a contract? This can be done not only after the registration of marriage, but also after applying to the registry office or at any time of family life.But it is important to take into account that the document comes into force by law only after the official conclusion of the marriage.
The term of the contract is equal to the term of marriage. But under certain circumstances, his action may continue after the divorce. In addition, such a contract may be terminated or invalidated.
Is it possible to terminate the contract or change its conditions?
You can terminate the contract at any time, but subject to the consent of both spouses. In some situations, the dissolution at the request of one of the spouses is also possible, but only if there are good reasons for that.
The contract may be invalidated in the following cases:
- The conclusion of such a contract has certain rules. And if they were violated, the document will be considered invalid.
- If the terms of the contract put one spouse in an unfavorable position.
- Upon recognition of transactions with property as invalid.
- Some other conditions. It is impossible to enumerate everything, since each specific case requires consideration and judicial proceedings.
Now you know all the specifics and nuances of the conclusion of the marriage contract and will be able to decide whether it is worthwhile to conclude it.
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