Marriage Agreement: Lawyer's advice.

The marriage contract: advice of a lawyer.

Now we will touch upon, very personal in human relationships - these are family relationships. Family law is one of the most complex branches of Russian legislation, because it affects the most vulnerable personal feelings, from love (marriage) to personal tragedy (divorce and children's rights). In this article, I will not touch upon all the complexities of family law, but believe me, such dramas and tragedies in resolving conflict situations in this section of the law are probably not in any legal field. We will consider some practical situations with you in the following articles. Well, now it's a marriage contract.

The conclusion of marriage, in accordance with the Family Code of the Russian Federation, occurs only on the mutual and voluntary consent of both brothers. Acceptance of an application for marriage and marriage itself is possible only with the personal participation of both future spouses (that is, the absence of any of them is impossible, whatever the objective reasons). The marriage contract does not take effect until after the marriage, and no civil marriage or wedding falls under this letter of the law, i.e. It can be compiled at any time, but it will enter into force only after the marriage is recorded in the registry offices. True marriage contract can be made and already during the marriage.

The marriage contract is made in writing and must be registered with the notary. It usually specifies the property rights and responsibilities of spouses in marriage, as well as in the event of a divorce. The marriage contract is a very complicated document and therefore very often the spouses apply for legal assistance when drafting it to lawyers. The Moscow Bar Association "Titul" will always help in solving the most difficult situations while preserving the client's complete confidentiality.

So what can and can not be prescribed in the marriage contract? In the contract, it is impossible that a restriction on the rights and duties of spouses with respect to children was prescribed; One should not limit the rights of spouses to defend themselves in court and in general one can not put one of the spouses in an obviously unfavorable position or violate articles of family legislation.

Spouses can define in the marriage contract their property relations not only on the property that is available, but also on the property that is planned to acquire in marriage. Similarly, in the marriage contract, it is possible to register both rights and obligations for mutual maintenance (both in marriage and after the divorce); You can indicate participation in the income of each of the spouses.

And all the same, the marriage contract is not a full solution or insurance in the event of divorce. And if suddenly there is an irreparable and your family ship leaked, so that there were huge problems in the division of property, and even worse with regard to children, you just need a competent lawyer who will help legally correctly compose a statement of claim and protect your interests in court . Do not be afraid and remember that only the court will decide what will go to you, and what to the other of the spouses, because not only your happiness, but the happiness of your children depends on the decision.

Well, in general, just happiness to you.