Family Code, legislation and case law do not use the expression "marriage contract" and used the term "marriage contract".But among the people it is the common expression "marriage contract".
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what it is, who it is profitable, and what it all be?
content of the article:
- essence of the marriage contract
- marriage contract - the pros and cons
- When you need to enter into a marriage contract in Russia?
essence of the marriage contract - as family law defines marriage contract?
marriage contract - an agreement on a voluntary basis, the couple made up in writing and authenticated by a notary.It comes into force after the official ceremony.
clear concept and the very essence of the marriage contract described in Chapter 8 of the Family Code of the Russian Federation in Articles 40 - 46.
marriage contract clearly captures property authority spouses .And it can conclude, after the registration of marriage, and befor
Simply put, in the marriage contract couple can determine all his available at this time, the property and possessions that they plan to acquire in the future, or certain types of property, and property before marriage, each of the couples, as the simultaneous, separate or equityproperty.The marriage contract admits raise issues as already purchased property and together things that are going to amass the couple in the future tense.
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marriage contract makes it possible to negotiate and articulate on paper questions such as:
- distribution of household expenditure.
- Mutual content: what rights and obligations of each of a couple.
- determine the property which will be one of the couple in the case of rupture of marriage.
- Possible involvement of each of the married couple in the field of family income.
- Include any suggestions that affect the estate by a spouse.
Certain marriage contract obligations and rights should be limited by the designated length of time or conditions , the occurrence of which is indicated in the drawing up of the marriage contract.
in the marriage contract shall not contain requirements that discriminate against legal capacity of any of the spouses or will put one of them in a very unfavorable situation.And it should not be a condition contrary to the main principles of family law (marriage, voluntary registration in the registry office of marriage, monogamy).
marriage contract regulates only property issues couples and does not affect their other rights relating to the rights of access to courts, non-property relations between the married couple, and the obligations of spouses regarding their children, etc.
marriage contract - the pros and cons
marriage contract is not a popular phenomenon in Russia, but has both pluses and minuses.
Here are a few reasons why the Russians do not make marriage contracts:
- have large masses of people considered shameful to discuss the material side of marriage .The marriage contract for many Russians considered a manifestation of selfishness, greed and malice.Although, in essence, a prenuptial agreement demonstrates honest relationships between spouses.
- Bracho not have such a high income for registration of a marriage contract, for them it is simply not true.
- marriage contract, many causes association with the divorce process , division of property.Each of the lovers think that their first and last marriage, that divorce will never touch them, so it makes no sense to spend time, energy and financial assets to enter into a marriage contract.
- All conditions in the marriage contract should be clear and understandable, otherwise vague wording will make it possible to challenge it in court mode, and the contract will be considered illegal.In order to avoid further litigation, it is necessary to the marriage contract was competent attorney (lawyer) - which in itself is not cheap .
The advantages of the marriage contract include the following:
- Everyone clearly understands their spouses, what he will be after divorce , iethere is a clear order in material respects, in a married couple.
- Each spouse has opportunity to retain the prerogative to manage the property , acquired before marriage after divorce.This concerns mainly those who already have behind personal belongings, profitable business, etc.and tying the knot Hymen, in the case of divorce, do not share it with the former / his wife / om.
- spouse can transfer his property acquired before the marriage, the wife or husband, with stipulating in the contract and the reasons for the situation where the decision will come into force .For example, to determine in advance that "in the event of divorce, two-bedroom apartment will belong to the spouse with whom the child will live a common" or "machine will get a divorce the spouse."
- Ability to save the property, if there are complaints regarding debt one of the spouses.
In some cases it is necessary to conclude a marriage contract in Russia?
marriage contract in Russia, according to statistics lies only 4-7% inhabitants of the country entering into marriage .And the dominant individuals are those who have not the first time associates take the vows.For comparison, in the EU the conclusion of the marriage contract is a traditional phenomenon and draw up 70% of spouses .
marriage contract favorably conclude the people, not the poor .And so, who enters into an unequal marriage property , iethe one who before marriage had sufficient material condition.More
it is important to:
- private entrepreneurs and owners of large , do not want to lose part of their property in a divorce.
- spouse with a decent age difference , and if one of them has a substantial material base and the presence of children from previous marriages.
marriage contract - it is not cheap, and not intended for the mass consumer.The marriage contract is beneficial only to wealthy people, and for those couples whose financial situation was similar to marriage, is suitable mode which is set by law - without a marriage contract.If such a marriage fall apart after the divorce jointly acquired property is divided equally.
Stoil whether to enter into a marriage contract or not - you decide.But do not forget that it regulates strictly property relations - after the disintegration of the family and in the marriage union .And its design - is not the first step toward divorce, and first step toward solving the modern problems property between spouses.