Making a marriage contract is a common practice in developed countries that helps to protect your property rights in the event of a divorce. Alas, many do not support this procedure, seeing in it an act of distrust of their partner, which often creates difficulties during the divorce process.
It is important to understand that not all relationships are lasting, and trying to protect yourself does not mean a lack of faith in a shared future. Drawing up a prenuptial agreement after marriage will help, without unnecessary problems and litigation, to distribute property acquired before and during marriage. The agreement between the spouses can be considered as a rejection of the general formula for dividing things in half in favor of fair and comfortable conditions for the couple.
What is a marriage contract?
Different countries have different approaches to the definition of this concept. In Russia, a prenuptial agreement is an agreement that regulates material issues, defines property rights and obligations of spouses.
It is important to understand that the contract should not include provisions regarding communication with children or the distribution of housework.
The subject of the contract can only be that which has material value - money, real estate or things. Thus, spouses can organize future expenses, impose an obligation to pay alimony to children or to each other and determine who will get an apartment in case of a divorce and who will get the car. If spouses have acquired expensive property, there is nothing shameful in drawing up a marriage contract after marriage. The pros and cons of signing the agreement have their own specifics in the CIS countries due to the fact that this type of document appeared here not so long ago and differs significantly from the practice in the West.
Advantages of registering a marriage contract
Everyone knows how property is distributed during the dissolution of a marriage - spouses who have acquired material assets during their joint life share equally. This method is not always fair, since many conditions are overlooked - sometimes the wife or husband works more and buys some things with his own money, and then loses them during the divorce procedure.
A couple who makes up a marriage contract after marriage and has children in common can protect them by making provisions for the benefit of the spouse who will stay with the baby (leave an apartment for him and ensure the payment of alimony). There are times when one of the partners takes a loan in his name, the repayment of which also requires regulation. Despite the fact that spouses rarely decide to draw up a prenuptial agreement after marriage, the advantages of signing it clearly outweigh the cons.
Contract for a comfortable life together
A marriage contract is important not only in the process of sharing things in a divorce. Sometimes one of the spouses is not able to sell a thing due to the fact that the partner is abroad or does not want to give consent to the transaction, because of which it cannot gain strength. If the agreement states that the thing belongs exclusively to the husband or wife, then the decision to sell it can be made independently.
Cons of a marriage contract
A common reason why many couples refuse to conclude an agreement is the perception of the document as a sign of distrust and selfishness. Not everyone is ready to start family relationships with the thought of ending them. The basis of the marriage contract is the protection of their material interests, which contradicts the tale of a long and happy marriage. If you want to protect yourself and your property, it is worth discussing this with your spouse. In addition to the misunderstanding that people encounter, wanting to make a marriage contract after marriage, the disadvantages of this type of contract are well known to inattentive people and owners of a soft nature. When signing an agreement, it is likely that unfair conditions will be included in it. If you are in doubt about whether the agreement is in your interests, do not rush to sign it. For example, one of the spouses can convince a partner to leave the right to an apartment for him, justifying this with a large salary, while the importance of housework is ignored.
When can I get a marriage contract?
Couples who are determined to draw up a contract often draw it up even before the marriage process. In such cases, the document does not begin to act from the moment of its writing, but by registering the spouses in the registry office.
The couple has the right to draw up a marriage contract after marriage, regardless of the length of life together and the amount of acquired property. Even a married couple with older children, a common apartment and a summer house can draw up such an agreement. The contract drawn up by husband and wife becomes valid immediately after its signing. If desired, the spouses, he can gain strength on any other date - for this you need to make the appropriate instructions in the text.
What to include in the agreement?
Being unable to understand how to properly arrange a marriage contract, after marriage, many couples abandon this idea. In fact, everything is not so complicated. There is no mandatory list of issues that should be regulated in the contract, and therefore a person without a legal education can write it. Before drafting a document, you need to inspect the property and discuss with your partner what things will remain for each of you in case of a divorce. It is important to resolve all disagreements before concluding a contract. In addition to the distribution of existing property, the contract can include provisions on things that will appear in the spouses in the near future. The prenuptial contract must necessarily include liability for non-compliance with its conditions.
Subject | Decision |
Ownership regime | Equity, joint or separate |
Property | Who will get things and real estate in case of divorce? |
Debentures | Who should pay the loan? |
Alimony | Who transfers money to children or spouse? Amount and term of payment |
Income | What portion of the profits is shared and personal property? |
Family expenses | Who are the costs of utility bills, leisure, medical care, car maintenance and more |
What should not be in a marriage contract?
There is no exact form for drawing up a contract, so the spouses have the right to contribute everything they consider necessary. A marriage contract after marriage is possible even with provisions that do not comply with the requirements of the law - they simply will not be considered valid. Each person has a number of rights that are guaranteed by the state and cannot be cut back by a marriage contract, even if he voluntarily agreed to it.
As already mentioned, the document should deal exclusively with property issues. The rights and obligations of spouses in the course of family life cannot be regulated by a marriage contract. Also, a document cannot limit the communication of one of the spouses with children, and decide who will live with them in case of divorce. This issue is considered in court at the time of divorce. Of
property relations , the document cannot regulate the issue of the division of things in the event of the death of one of the spouses, as this is prescribed in the will.
Mistakes in the marriage contract
Sometimes parties include conflicting points in the contract. If such errors are found during the divorce proceedings, this issue is often resolved in court. To avoid such situations, it is recommended to draw up a contract not independently, but with the help of a notary.
If errors are found in an already signed document, you can make changes to it. In addition, spouses have the right to edit and remove certain provisions or supplement them as necessary and when new circumstances arise that need to be resolved.
Prenuptial agreement and credit
During a couple’s life, a couple often wants to buy expensive items for general use on credit. In such cases, the obligation to pay off debt is often executed on both spouses. Drawing up a marriage contract after marriage, property purchased on credit, it is necessary to formalize the ownership of one of the spouses. In this case, the obligation to repay the debt lies only with this person, and creditors must be warned about this.
How to conclude a marriage contract?
For a document to be considered valid, it must be certified by a notary. If the spouses are sure that they know how to draw up a marriage contract after marriage, then they can do it themselves. Nevertheless, it is better to seek the help of a lawyer in order to take into account all the nuances and prevent serious mistakes. A professional will help not only give the agreement the correct form, but also find solutions in case of disagreement and draw attention to aspects that the spouses have lost sight of. The price of such a service depends on the company you decided to contact.
If the spouses want to independently draw up a marriage contract after marriage, a sample document can be requested from a notary. For an additional fee, he can check and adjust the text of the contract.
How to issue a marriage contract after marriage ?
An agreement, like any other document, must be given the correct form, in accordance with established practice.
Part of the contract | Content |
At the top of the page | City and time of drawing up the document |
Contractors | Name, date of birth, passport number and place of registration of each spouse |
Marital Relations | Marriage certificate data |
The fact of signing the contract | Reason and purpose of drawing up a marriage contract |
Main part | Property rights and obligations of the parties |
Confirmation of consent | Names and signatures of spouses |
To correctly draw up a marriage contract after marriage, it is advisable to transfer the sample cap to your project, changing only your data:
"Town _____
"__" ____ ____ g.
A citizen of the Russian Federation _________ born on 19__, living at: _____, and a citizen of the Russian Federation _______ born on 19__, living at: ____, married, registered ____ (name of authority) __ "__" ______ ____, marriage certificate series No. ______ , have concluded this agreement on the following: ______________________________________________________________. "
Documents upon execution of the contract
In order for the notary to certify the marriage contract, he needs to provide a list of documents, the list of which depends on what issues are addressed in the draft agreement:
- three copies of the text of the contract (one for the archive, which the notary will keep, and two for the married couple);
- passports of husband and wife (it is also desirable to have copies with you);
- certificate of marriage;
- documents confirming the ownership of real estate, transport or objects referred to in the agreement;
- documents obtained when taking a loan or mortgage;
- health certificates and child birth certificates, if the contract contains provisions on the payment of alimony;
- certificate of income of each spouse.
Marriage contract terms
In certain circumstances, even a contract notarized by a notary will not be considered valid. Signing a prenuptial agreement must be voluntary. If one of the spouses was pressured, threatened, blackmailed, and he confirms this in court, the marriage contract after marriage or its dissolution will not be considered. If one of the parties to the contract at the time of its signing was not competent, and this is confirmed by a certificate from a neuropsychiatric dispensary, the contract will also not be valid.
If some provisions of the agreement do not comply with the rules, they do not enter into force, while other points are binding.
Termination of the marriage contract
Termination of the contract is easiest to achieve with the consent of both spouses. In this case, the couple needs to draw up an agreement to terminate the contract and notarize it. To write this document, you do not need to adhere to the exact form, and therefore you can do without the help of a professional.
If one of the spouses wants to terminate the marriage contract after marriage, when he has already received legal force, and his partner refuses to sign the agreement, this procedure takes place in court. For the application to be approved, the initiator of the process must have significant reasons for the termination of the document. The basis may be a serious violation of the contract by his spouse or significant changes in the conditions under which this contract was drawn up. In order for the court to consider the application, you need to make a written request to terminate the contract to your partner, provide it to the court along with the refusal and confirmation of violation by the spouse of the terms of the agreement, if any.