Table of contents:
Video: Whether Or Not A Marriage Contract Is Necessary
Whether or not a marriage contract is necessary
In order to understand whether it is necessary to conclude a marriage contract, you need to understand what kind of document it is. A marriage contract is a document drawn up by a couple (before marriage or already during marriage) to determine the property rights and obligations of the spouses in marriage or after its dissolution. The document must be notarized, if the contract was drawn up before the marriage, then it begins to operate simultaneously with the date of registration in the registry office. If the marriage contract was drawn up during marriage, then it comes into force from the moment of notarization.
It is more correct to call a marriage contract a contract, because it is impossible to agree on personal and other relations, except material ones, in our country with its help. This prohibition also covers relationships with children during marriage and after divorce. You can only register who and how will financially participate in the upbringing and education of children, and the time, place and number of meetings with the child remains outside the document.
What governs the marriage contract
The main emphasis in prenuptial agreements, as a rule, is placed on the disposal, use and ownership of property. The Civil and Family Codes of the Russian Federation clearly define the property of the spouses, which is available before marriage as personal, and acquired during the period of marriage - as jointly acquired. The marriage contract can either agree with this, or completely change this order.
The prenuptial agreement specifies how it will be used and who will get all the property, both existing and acquired in the future. The maintenance of spouses and children is clearly specified in the corresponding section, it is also possible to distribute the costs (the husband pays for the purchase of real estate, the wife - rest).
The marriage contract is drawn up exclusively on a voluntary basis, in no case can infringe or limit the rights of one of the spouses, put in obviously unfavorable conditions. Since the marriage contract is drawn up by a couple, it is impossible to terminate it unilaterally, if this happens, the second spouse goes to court with a claim to enforce the contract.
Who is interested in a marriage contract
Unfortunately, in our country there is practically no historically established tradition of concluding marriage contracts. Everyone marries out of strong love, when all the legal subtleties are considered superfluous. And yet, many couples, especially those who remarry and have children, enter into a prenuptial agreement.
A large difference in age or financial situation between spouses is also a common reason for concluding a marriage contract. It is believed that a prenuptial agreement is needed only by those who have values, luxury goods and real estate. In fact, it would not hurt all couples to solve property issues for themselves in order to avoid disappointments and problems.
There is no awkwardness and even less mistrust in proposing the conclusion of a marriage contract, which is often accused of. On the contrary, having an accurate and clear idea of the future, many will not even think about divorce.
Author: Victoria N. (specially for Calorizator.ru)
Copying of this article in whole or in part is prohibited.
