You or someone from your relatives and acquaintances prepare for a significant event: to the birth of a new family!? Then it will be useful for you to learn that among a set of various affairs on preparation for a wedding, it is necessary to pay attention to such important point, as the conclusion of the marriage contract. Many consider it as an excess or expression of mistrust to future spouse (or the spouse), but, without knowing all essence of this business, you should not accept hasty decisions.
Any business, concerns it our private or public life, it is necessary to begin with studying of all its parties, as good, and not really. Of course, everything, gathering in the REGISTRY OFFICE, are sure that their union will be eternal and happy and no power on earth will not be able to sadden it. But, alas, presently the problem of divorce becomes more and more actual. InfoAdvisor.net will not press in search of the reasons, and will talk how to warn negative consequences for itself in the future. As they say in one Japanese proverb: "Make everything that you can, and for the rest rely on destiny".
The marriage contract – what is it?
According to the family code the marriage contract is an agreement between spouses or people who are going to become them, about the rights for property and duties during marriage, and also on a case of its cancellation.
As you can see, the marriage contract is necessary not only on a divorce case. It is possible to provide in it also some parties of relationship. It is known that the best way to avoid misunderstanding and the conflicts – to discuss in advance all controversial issues. The marriage contract just gives such chance. And, perhaps, discussing points of the marriage contract with the soulmate, you learn a lot of new and useful about each other, thereby prevent quarrels in the future.
Except the rights for possession of any property and duties in a matrimony, in the marriage contract it is possible to stipulate family charges, to define a share of a salary which spouses will spend for joint expenses for arrangement of the family center and what will be left for own needs. Also it can concern questions of payment of training of one of spouses or children. It is possible to establish by the marriage contract alimentary obligations of spouses, both on children, and on himself.
Based on own experience, I want to notice that the knowledge of the rights in family relationship and existence of the marriage contract gives additional confidence in the spouse and own future.
When and how to make the marriage contract
To make the marriage contract never late even if you already live in marriage many years. Though, it is better for that who is not married yet to think of it in advance and to consider in it everything that to you will seem to the necessary. If the prewedding alarm entirely took all your free time, it can be made and after a honeymoon.
You can independently make such contract, on the basis of samples and having added with the points. You should consider that in the contract surely there has to be a following:
- Date of its drawing up.
- Your passport data.
- Your addresses of continuous accommodation (or registration).
- Personal signatures.
- The appendices with the description of property and its distribution between spouses which are also certified by signatures with the instruction of a cap of their number, date of drawing up and the reference to the contract to which it belongs.
- The contract and all annexes to it become in triplicate.
It is possible to address to any law firm working with individuals to receive professionally made marriage contract. Then you should not penetrate into all subtleties of drawing up the contract, it not only will be made for you, but also prompted that it is necessary to add and what to clean. The cost of such service makes from 10 000 rubles.
Assurance by the notary
For what it is necessary to make the contract in triplicate? The matter is that the marriage contract is valid only after his assurance by the notary. It becomes to establish and confirm the fact of existence of the contract and the contractual relations and also to exclude existence in it of conditions which can do much harm to you.
The notary checks correctness of drawing up the contract (even if it is made by the expert), confirms your free voleizliyaniye in the contract, makes sure that the agreement is made by you in sober mind and strong memory that is a necessary condition for the introduction in action of all stipulated 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 remains at the notary and will be stored in archive. For what? First, for confirmation of existence of the agreement before government bodies if it is necessary, secondly, you, in case of loss of the copy of the contract, will be able to restore data.
That it is possible to state in the marriage contract
Let's specify what exactly can be included in the marriage contract. As it was already told earlier, property rights and duties for the period of action of marriage and after its cancellation are defined by the marriage contract. What as it it is understood?
First of all, personal and real estate
. Here apartments, dachas, cars, furniture and everything belong that it is possible to take or give. Registers in the marriage contract, in what part and than each of spouses owns. There can be as full (that is belongs for 100% to one spouse), and a partial (share) possession, for example, the apartment. Shares most often are defined for reasons of costs of acquisition of property. For example, we with the husband decided to state in the contract that the apartment in which we live, belongs to us in equal shares, that is to everyone on ½ shares as we incurred costs of acquisition in equal shares. And the right of knowledge of the car belongs only to me, and in case of divorce the husband will not apply for it.
Secondly, it is possible to specify liabilities
: charges of the apartment, car, giving, for example. It is about expenses which are always present at our life. It is also possible to specify the sizes which spouses will pay at each other in unforeseen situations (for example, due to illness). If one of you during marriage is engaged in conducting household chores and education of children, it is also possible to register that in case of divorce not working spouse will receive the alimony on the contents for a certain period of time. We by drawing up the marriage contract, for example, decided that the husband will pay the alimony on my contents within three years if we divorce before the son is three years old, and within 1,5 years if the son is more senior 3, but is younger than 18 years.
Thirdly, it is possible to provide any other rights and duties
which, you want to fix among themselves if it does not contradict interests of one of you. For example, it can be possession of business if one of you is engaged in business activity. Or possession of copyright of books if someone from you the writer, too it is possible to tell about the pictures and other things created by the hands.
That cannot be stated in the marriage contract
Now we will try to understand, what conditions cannot be brought in your contract. In the family code it is stated that any restrictions of the personality in legal capacity and capacity belong to such conditions.First
, points forbidding to one of you to work or conduct any other activity connected with receiving payment for your work (for example, families, in which husbands categorically against that the wife worked meet).Secondly
, points concerning obligations for education and the maintenance of children as it contradicts the law. That is parents cannot agree that one of them will not be engaged in education or the maintenance of children.Thirdly
, by the marriage contract it cannot be established a ban on an appeal to the court behind protection of the rights. Therefore if you want to prove and assert the rights through court, during marriage or after divorce your soulmate will not be able to prevent you and if those conditions after all are in your contract, it nullify.
the marriage contract does not may contain the conditions establishing personal relations of spouses. It will be impossible to write with what your relations, for example, regarding carrying out joint rest or in intimate life, in communication or in something else. So it will hardly be possible to write on what subjects you to communicate as will often go to the cinema or cafe, or what is the time will devote per day each other. It is necessary to agree about it independently as without it simply does not happen in life even if between you full mutual understanding.
Period of validity of the contract
The marriage contract, as well as any agreement, has a certain validity period. It can be established by you at the time of the conclusion, for example, for 2-3 years or is termless, that is for the rest of life. But in case of the contract loses the force as loses relevance. Valid are only those points which belong to life after divorce. For example, if you registered alimentary obligations under the maintenance of one of spouses or reserved for someone the individual right for possession of part of property.
It is possible to conclude the agreement on cancellation of the contract on a consensus of spouses. Are possible modification or additions of your marriage contract if it is required.
Possibility of cancellation of the contract through an appeal to the court when the contract does not conform to requirements of the legislation is not excluded or violates the rights of one of spouses. It is possible to appeal to court for this purpose to challenge the contract if you at the time of its signing were in delusion (or ignorance) any important facts, and also under threat or being in a stalemate at the time of signing.
And finally …
Above I briefly told that represents the marriage contract as to make it how to conclude that it makes sense to consider and that is not present in terms of the contract. In Russia the conclusion of the marriage contract only begins the development and most often the people doing the business while abroad it is the standard norm of matrimonial life resort to it.
InfoAdvisor.net would like to note one more important plus of existence of the marriage contract for spouses. The matter is that the people who are married bear liability for debts of each other, for example, if the husband takes the credit and will not be able to pay off with it, the creditor has the right to appeal to court and through service of bailiffs to recover a debt, by withdrawal of property for the purpose of its sale and repayment of debt. If you have a marriage contract in which the right of possession of property between spouses is distributed, the property belonging to the wife cannot be subject to arrest and withdrawal. But it will not help if the conclusion of the contract was made later, than registration of the similar credit.
I hope, I managed to explain briefly to the reader that existence of the marriage contract it is not simple a way to check for trust of the partner and to reserve the right of possession of that you possess, on a dissonance case in a family, but also an additional number of advantages in your joint life. And if you still were the opponent of the conclusion of similar contracts, that is an occasion to reflect and to reconsider perhaps the point of view.