Property disputes quite often arise in Russia. Especially in families where the couple decided to divorce. To minimize conflicts, a prenuptial agreement can be concluded. This document will get rid of problems with the division of property. The agreement also helps to resolve some of the "pressing problems" that are encountered more and more often in modern families. What do spouses need to know about a relative marriage agreement? How and when can it be issued? The answers to all this and not only will be necessarily discovered below. In reality, everything is not as difficult as it might seem initially.
Definition
To begin with, a few words about what paper will have to work further. What is a prenuptial agreement?
This is the name of the agreement, which is drawn up between spouses or future husband and wife. It regulates property relations. That is why the document helps to resolve the bulk of conflicts during the dissolution of marriage.
Needed or not
Many modern families think about whether or not a prenuptial agreement is needed. For the majority of spouses, the decision to sign the corresponding agreement is a sign of distrust. After all, the main effect of the documentation is felt during a divorce.
However, a marriage contract can protect spouses from property disputes. And if the couple wants to remain “with her” in marriage or plans large property incomes, it is better to conclude an agreement.
When to draw up
And when exactly can I draw up and draw up an appropriate contract? Indeed, far from always a couple has such a right.
By law, it is allowed to conclude a marriage contract:
- at any time of marriage;
- before wedding.
It is important to remember that before painting in the registry office the document will be "null". He does not regulate relations in pairs, only in the family. And therefore, if the marriage did not take place, it is impossible to refer to the marriage contract during the departure. It is illegal.
Composition
Now a little about what the content of a prenuptial agreement may be. Individuals believe that the document is allowed to indicate any nuances of homestay. But this is fundamentally not so.
The thing is that the studied paper regulates exclusively the property relations of the spouses. It is not possible to indicate here items that go beyond the limits of this kind of concept or that restrict / violate the freedoms and rights of citizens.
For example, the content of a prenuptial agreement does not provide an indication of the type of activity of each spouse. It is impossible to register here who will remain the children in a divorce, who runs the household, and who works.
But it’s allowed to register property issues. Namely:
- ownership regime;
- the distribution of property (both current and future);
- obligations to maintain a spouse;
- the principle of bearing family expenses by each spouse;
- features of the separation of property in a divorce.
For example, the document is allowed to indicate who pays for the "communal", in what amounts each spouse invests in the family budget, who is responsible for the purchase of clothes and other expenses. The contract allows the mention of the maintenance of the spouse in a given period. For example, a couple may indicate that during the study of a husband or wife, the second half is obligated to pay monthly N amount of money for the life of a non-working person.
In addition, notaries say that the marriage contract is allowed to indicate the features of property relations with third parties. For example, the obligation of spouses on material assistance to parents.
Conclusion form
The conclusion of a prenuptial agreement is not the most difficult thing. Especially if you know how to act in a particular case.
The form of the document is written. The contract is executed in the form of a separate paper, which is certified by a notary. Other forms of presentation do not take place.
Termination of agreement
Recognition of the marriage contract as invalid is not too common. Nevertheless, you can not insure against this. There is always a risk of cancellation of documentation.
In general, termination of the marriage contract is possible:
- by mutual agreement;
- through the court.
Unilateral action will have to be exclusively through the judiciary. This is usually possible if the terms of the agreement are grossly violated. For example, the husband refused family support, which is prescribed in the documentation.
Summary of Conclusion
The most difficult moment is to think over the terms of the marriage contract. They must not contradict the legislation of the Russian Federation. And sometimes without help from an experienced lawyer.
To make an agreement between the spouses, you will need:
- Form a package of documents. We will review the relevant list later.
- Draw up an agreement of the established form.
- Contact a notary office.
- Pay for notary services.
- Conclude an appropriate agreement in the presence of an authorized person.
There is nothing difficult or incomprehensible in this. As already mentioned, the main thing is to think over the terms of the marriage contract. Then there will be no problems with the conclusion of an agreement between the spouses.
Paper action
The prenuptial agreement does not last forever. The document can be canceled. Then the validity of the paper is terminated either from the moment of refusal by mutual consent, or after the appropriate decision by the court.
If we talk about divorce, then the action ceases at the time of divorce. According to the principles specified in the contract, the division of jointly acquired property is carried out, after which the "certificate" ceases to be considered valid.
Legalization of the contract is carried out at the time of the conclusion of the marriage. This point is relevant if the documentation is signed before the wedding. Otherwise, the agreement is effective immediately after its execution by a notary, unless otherwise specified in the marriage contract.
Help for registration
The conclusion of the study agreement ideally provides for minimal paperwork. But such a step is a huge responsibility.
The parties to the prenuptial agreement (spouse or bride and groom) should ideally bring:
- passports
- the contract;
- marriage certificate or certificate of application to the registry office;
- extracts on existing property or on joint ownership (if acquired).
This will be enough. After signing the paper, the prenuptial agreement will regulate the rights and obligations of the spouses in property matters according to the principles indicated in it, but subject to current legislation. Not a single notary will certify a contract that violates the laws of the Russian Federation.
What most often indicate
A few words about which points are most often indicated in the paper being studied. This will help to understand what is best to focus on spouses.
Here are a few principles that are actively used in practice:
- Property bought at the expense of one of the spouses is recognized as his personal property.
- Gifts that are given to the family by relatives, during a divorce, are left to one whose relatives / friends gave a present.
- Deposits in banks opened in the name of one of the spouses belong to him. The same applies to interest on deposits, securities, stocks and so on.
- In a divorce, the spouse agrees to pay the spouse a certain amount of money for each joint year spent.
Features of the content of the spouse, as a rule, are not prescribed in the contract. Often, wives in a state of disability seek child support, rather than resorting to a marriage agreement.
Restriction and dependency
Under current laws, a prenuptial agreement between married spouses can sometimes be limited or dependent on certain life circumstances. What is it about?
There are suspensive and derogatory conditions . The first case is a situation that exists only theoretically, but the spouses have already registered the features of regulation of property relations. The second is circumstances that cancel or modify an existing agreement. For example, a husband’s personal apartment becomes common after the birth of a child.
There is a suspensive and derogatory condition. This is the birth of a child. It does not depend on the will of the spouses.
Non-property factors
Quite often, citizens indicate non-property factors as grounds for termination / occurrence of property rights and obligations in a marriage contract. For example, hooliganism, the emergence of addictions and so on. Is it legal?
A moot point. On the one hand, after the conclusion of a marriage contract, property relations are adjusted. And intangible aspects do not play a role here. On the other - the human factor has not been canceled. And non-property aspects are closely related to people and their lives. And the law does not prohibit the use of such grounds as conditions for the emergence or termination of the rights and obligations of spouses under a marriage contract.
For example, you can indicate in the document what entails the unworthy behavior of the spouse. It is advisable to spell out a definition of the relevant concept in the agreement. Say, alcoholism or alcohol abuse cancels the second spouse's responsibility for financing the dependent person. Especially if the "patient" does not recognize his mistakes.
Invalidation
And how can a court terminate an existing agreement? To do this, you will have to file a lawsuit, prepare documents and evidence of your position, and then file an application with the court.
Recognition of a marriage contract as invalid through a court is possible if:
- one of the parties grossly violates the agreement;
- a change in circumstances occurred for reasons that the defendant could not overcome with the maximum care, responsibility and attentiveness;
- the contract has changed property relations so much that a person runs the risk of being left without everything that he would be entitled to in the absence of documentation under the law;
- a change in circumstances occurred on the initiative or with the participation of the second spouse.
For these situations, the documentation may be changed or canceled. The second option is more common. Judges give him the most preference.
Document advantages
What are the pros and cons of a marriage contract? Consider the relevant lists. They will help each couple decide whether or not they should really enter into a marriage contract.
The advantages of the documentation include:
- preservation of spouses property prescribed in the agreement;
- the ability to protect property from negative through the fault of the second spouse (for example, if he has debts);
- the right to transfer property under cancellation / suspensive conditions.
As already mentioned, the paper will protect the husband and wife during a divorce from disputes related to the division of property. The main thing is to carefully consider the text of the contract.
disadvantages
The conclusion of a prenuptial agreement, like any legally significant paper, has its drawbacks. Which ones?
Here are the cons of a marriage agreement:
- the inability to foresee all life situations;
- you can force your spouse to conclude a document;
- the public regards the conclusion of the contract as distrust of the spouse and readiness for divorce.
Nevertheless, each pair decides independently whether they really need a contract of the established form or not. Typically, a document is useful when one of the spouses plans to buy large property with his own money. Or in case of husband / wife solvency and poverty of the second half. Then the paper will help protect the "rich" from the greed of the "poor."
Sample
And what text should be written in the marriage contract? It depends on the conditions stipulated by the relevant agreement. But there is a certain pattern that is recommended to follow.
The content of the studied paper looks like this:
- Name of the parties;
- contact information about husband / wife;
- data on the property that the spouses have;
- basic principles of the emergence of property rights and obligations;
- termination conditions;
- the procedure for amending the contract and its termination;
- list of references attached to the agreement.
As we have already said, the most difficult thing is to indicate the principles of adjustment and the occurrence of property rights and obligations of spouses. In order to avoid mistakes, it is recommended to contact an experienced lawyer or notary.
Finally
We found out what the content of the marriage contract may be. Moreover, now the design of the corresponding paper will no longer cause any trouble. From now on, each couple will be able to cope with the task.
Today in Russia, marriage contracts cause distrust. But they should not be neglected. If you seek the help of experienced lawyers or independently think over all possible property conflicts, you can protect the marriage from unnecessary disputes. And with a divorce, paperwork and the division of property will be minimal. This should always be remembered.
A marriage agreement is not really a sign of readiness for divorce. This is a sign that people do not want to conflict and share joint property in the future in the future.