Conclusion of the marriage contract
According to the family code, a marriage contract is an agreement between spouses or people who are going to become them, on the rights to property and obligations during the marriage, as well as in the event of its dissolution. Mirsovetov will not go into the search for reasons, and talk about how to prevent negative consequences for themselves in the future.
Conclusion of the marriage contract or someone from your family and friends are preparing for a significant event: the birth of a new family!? Then You will be useful to know that among the many different cases in preparation for the wedding, you should pay attention to such an important point as the conclusion of the marriage contract. Many consider this an overkill or an expression of distrust of the future spouse (or spouse), but without knowing the essence of this case, do not make hasty decisions.Any business, whether it concerns our private or public life, should begin with a study of all its aspects, both good and bad. Of course, all going to the registry office, sure that their Union will be eternal and happy and nothing in the world can not overshadow it. But, alas, in our time, the problem of divorce is becoming more urgent. Mirsovetov will not go into the search for reasons, and talk about how to prevent negative consequences for themselves in the future. As a Japanese proverb says,”do what You can, and leave the rest to fate.”
Prenuptial agreement – what is it?
According to the family code, a marriage contract is an agreement between spouses or people who are going to become them, on the rights to property and obligations during the marriage, as well as in the event of its dissolution.
As you can see, a prenup isn’t just for divorce. It can provide for some aspects of the relationship. As you know, the best way to avoid misunderstandings and conflicts is to discuss all controversial issues in advance. The prenuptial agreement provides just such an opportunity. And, perhaps, discussing with his second half points of the marriage contract, You will learn a lot of new and useful about each other, thus prevent quarrels in the future.
In addition to the rights to own any property and responsibilities in marriage, the marriage contract can specify the costs of maintaining the family, determine the share of wages that the spouses will spend on joint expenses for the arrangement of the family hearth and what will be left for their own needs. Also it can concern questions of payment of training of one of spouses or children. A marriage contract can establish alimony obligations of spouses, both for children and for themselves.
Based on my own experience, I want to note that the knowledge of their rights in family relationships and the presence of a marriage contract gives additional confidence in the spouse and their own future.
When and how to make a marriage contract
It is never too late to make a marriage contract, even if You have been married for many years. Although those who are not yet married, it is better to think about it in advance and take into account everything That you think is necessary. If the pre-wedding fuss took up all Your free time, it can be done after the honeymoon.
To make such a contract, you can independently, based on samples and adding their points. You should note that the contract must contain the following:
Date of issue.
Your passport details.
Your permanent residence (or registration) addresses.
Appendixes with the description of property and its distribution between spouses, also certified by signatures with indication in a header of their number, date of drawing up and the reference to the contract to which it belongs.
The agreement and all annexes thereto shall be made in triplicate.
You can contact any law firm working with individuals to get a professionally drawn up marriage contract. Then You do not have to delve into all the details of the contract, it will not only do for You, but also tell you what to add and what to remove. The cost of this service is from 10 000 rubles.
A marriage contract is valid only after it has been certified by a notary for which it is necessary to draw up a contract in triplicate? The fact that the marriage contract is valid only after its certification by a notary. This is done in order to establish and confirm the existence of the contract and contractual relations, as well as to exclude the presence of conditions in it that can harm You.
The notary verifies the correctness of the contract (even if it is drawn up by a specialist), confirms Your free will in the contract, makes sure that the agreement is drawn up by You in a sober mind and firm memory, which is a necessary condition for the entry into force of all agreed conditions.
Having certified the marriage contract, the notary will return you two copies (one for the husband, the second for the wife), and the third will remain with the notary and will be stored in the archive. For what? First, to confirm the existence of the agreement before the state authorities, if necessary, and secondly, in case Of loss of your copy of the contract, you will be able to recover the data.
What can be prescribed in the marriage contract
Conclusion of the marriage contract let us clarify what exactly can be included in the marriage contract. As mentioned earlier, the marriage contract defines the property rights and obligations for the duration of the marriage and after its dissolution. What does this mean?
First of all, movable and immovable property. This includes apartments, villas, cars, furniture and everything you can take or give. The marriage contract prescribes in what part and what each of the spouses owns. Here can be as full (i.e. belongs on 100% one spouse), so and partial (equity) ownership, for example, apartment. Shares are most often determined on the basis of property acquisition costs. For example, my husband and I in the contract decided to prescribe that the apartment in which we live, belongs to us in equal shares, that is, each of ½ share, as the acquisition costs we incurred in equal shares. And the right to own a car belongs only to me, and in the event of a divorce, the husband will not claim it.
Secondly, you can specify the monetary obligations: the cost of maintaining an apartment, car, garden, for example. We are talking about the costs that are always present in our lives. You can also specify the amount of alimony that spouses will pay to each other in unforeseen situations (for example, due to illness). If one of You during the marriage is engaged in household chores and raising children, you can also prescribe that in the case of divorce, not working spouse will receive alimony for their maintenance for a certain period of time. When drafting our marriage contract, for example, we decided that my husband would pay alimony for my maintenance for three years if we divorced before my son turned three years old, and for 1.5 years if my son was older than 3 but younger than 18.
Third, you can provide for any other rights and obligations that you want to consolidate among themselves, if it will not be contrary to the interests of one of You. For example, it could be business ownership, if one of You is engaged in entrepreneurial activity. Or the ownership of the copyright on the book, if any of you are a writer, you can also say about the pictures and other things created with their own hands.
What can not be prescribed in the marriage contract
Now try to understand what conditions can not be made in Your contract. The family code stipulates that such conditions include any restrictions on the individual’s legal capacity and capacity.
First, the items that prohibit one of You to work or conduct any other activity related to receiving payment for Your work (for example, there are families in which the husbands are categorically against the fact that the wife worked).
Secondly, the points in relation to the responsibilities for the upbringing and maintenance of children, as it is contrary to the law. That is, parents can not agree that one of them will not be engaged in the upbringing or maintenance of children.
Thirdly, a marriage contract may not establish prohibitions on recourse to the court for the protection of their rights. Therefore, if you want to prove and defend your rights through the court, during the marriage or after the divorce, your significant other will not be able to prevent You, and if such conditions are still in your contract, it will be invalidated.
And, fourthly, a marriage contract may not contain conditions that establish personal relationships between spouses. You can not write what will be your relationship, for example, in terms of a joint holiday or in intimate life, in communication or in something else. So it is hardly possible to write on what subjects You communicate, how often will you go to the cinema or cafe, or how much time per day you will devote to each other. This will have to agree on their own, because without it just does not happen in life, even if you have a full understanding.
A marriage contract, like any agreement, has a certain period of validity. It can be set by You at the time of imprisonment, for example, for 2-3 years or indefinitely, that is, for life. But in the case of termination of the marriage contract loses its force, as it loses relevance. Valid are only those items that relate to life after divorce. For example, if you have prescribed alimony obligations for the maintenance of one of the spouses or assigned to someone the sole right to own part of the property.
It is possible to conclude an agreement on termination of the contract by common consent of the spouses. Possible changes or additions to Your marriage contract, if necessary.