What is a marriage contract: its pros and cons

😉 Greetings to new and my regular readers! Gentlemen, most of us know what a marriage contract is, but consider its nuances.

A bit of history. For the first time, the idea of ​​a marriage contract arose in ancient Rome. The main forms of marriage of the Romans were viewed as a common civil law transaction. This practice came to Russia only in 1994.

Everyone periodically observes difficult divorces of their relatives, acquaintances, colleagues or neighbors. He sees mutual hostility, insults, attempts to deceive each other when dividing property, difficult courts.

On the eve of the wedding, no one thinks about divorce and division of property. It is believed that a contract is something prosaic, belittling the feelings of lovers, killing romance. That it undermines trust, therefore, it brings divorce closer. In Russia, such a situation personifies the symbol of marriage of convenience and self-interest.

But recently in our country, especially wealthy and educated citizens have begun to pragmatically approach the issue of marriage.

Many couples, even before the wedding, draw up a family agreement that will help protect themselves from property fraud on the part of their spouse, and, of course, prevent ugly scandals.

What is a marriage contract

A formal written agreement sets out how property will be divided after divorce. The Family Code treats such a contract as an agreement between a husband and wife. Or by persons wishing to enter into a legal marriage, which determines the property relations between spouses during the period of marriage and after its dissolution.

It’s easier to say: it is decided in advance who claims what and who will receive what after a possible divorce.

Advantages and disadvantages

Despite many advantages, such as: protection against deception and fraud, determination of child support, the ability to preserve premarital property, this agreement has disadvantages.

With the help of this document, you can put pressure on your other half, manipulate. No contract can provide for all life situations.

How to conclude a marriage contract

Where to start?

With a clear decision to issue a marriage contract, first of all, it is important to discuss this opportunity with your other half. If the future spouse meets the idea with hostility, there is no need to push. All parties need time to think, there is no need to rush. A formal agreement between the spouses can also be formalized after the marriage.

All points of the agreement must be thought out in detail and agreed upon. It should be remembered that the family contract regulates only the property relations of the spouses. The clauses of the agreement should not contradict the legislative acts of the Russian Federation. Otherwise, it will be canceled.

The contract is sometimes only concluded for a certain period. For example, before the birth of the first child.

Help with auto registration

This document can be drawn up both before marriage, and throughout the entire time. As long as the persons are married. In the event that the preparation of obligations is made before the registration of the marriage, they acquire legal force at the time of the state registration of the marriage.

If such a decision is made by spouses who are already married, then the moment of conclusion of the contract is the moment of its certification by a notary. Lawyers specializing in family law can assist in the design (drafting). They will draw up a draft of the document with which you can go to the notary for registration.

The following documents must be attached to the draft:

• marriage certificate (if any);
• birth certificates of children;
• certificates of ownership (real estate, vehicles, etc.);
• copies of the above documents.

In the presence of the necessary documents and compliance with the law, the notary will certify the contract. Two copies are given to the spouses. The third is kept by a notary.

Termination

You will have to contact a notary in any case: the marriage contract must be certified by a notary. By mutual agreement of the parties, the contract can be easily terminated at any time. Otherwise, the court decides everything.

The marriage contract is canceled in the following cases: in violation of the rules of this agreement. If this contract puts one of the spouses in a disadvantageous position, when the transactions with the property of the spouses are recognized as invalid.

In this wonderful video add-ons on the topic: What is a marriage contract ↓

Such obligations between spouses need to be taken seriously. Everyone decides to trust their partner or play it safe. In any case, this is worth thinking about.

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