Marriage contract after marriage: the pros and cons

Registration of a marriage contract is a common practice in developed countries, helping to protect their property rights in the event of a divorce. Alas, many do not support this procedure, seeing in it an act of mistrust to their partner, which often creates difficulties during the divorce process.

It is important to understand that not all relationships are durable, and trying to protect oneself does not mean lack of faith in a joint future. The drafting of a marriage contract after the marriage will help without any problems and litigation to distribute the property acquired before and during the life together. The agreement between the spouses can be seen as a rejection of the general formula of dividing things in half in favor of honest and comfortable for a couple of conditions.

What is a marriage contract?

In different countries there are unequal approaches to the definition of this concept. In Russia, the marriage contract is an agreement in which material matters are regulated, property rights and duties of spouses are determined.

It is important to understand that the agreement can not include provisions on communicating with children or distributing housework. The subject of the contract can only be that it has a material value - money, real estate or things. Thus, the spouses can organize future expenses, impose the obligation to pay alimony to children or to each other and determine who gets the apartment in the event of a divorce, and who gets the car. If spouses have acquired expensive property, there is nothing shameful in making a marriage contract after the marriage. Pros and cons of signing the treaty 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 that has developed in the West.

Advantages of marriage contract design

Everyone knows how the property is distributed during the dissolution of the marriage - the material assets of the spouse acquired during the life span are shared equally. This method is not always fair, as many conditions are overlooked - sometimes the wife or husband works more and buys some things on their own money, and then loses them during the divorce procedure.

A couple who makes up a marriage contract after marriage and has common children can protect them by making provisions for the benefit of the spouse who will stay with the baby (leave the apartment and pay alimony for him). There are cases when one partner takes a loan in his name, the repayment of which also requires regulation. Despite the fact that the spouses rarely decide to make a marriage contract after the marriage, the advantages of signing it clearly outweigh the disadvantages.

Treaty for a comfortable life together

A marriage contract is important not only in the process of dividing things into divorce. Sometimes one of the spouses is not able to sell any thing because the partner is abroad or does not want to give consent to the deal, because of what it can not gain strength. If the contract states that this item belongs exclusively to the husband or wife, then the decision to sell it can be taken independently.

The minus of the marriage contract

A common reason why many couples refuse to conclude a contract is the perception of the document as a sign of distrust and selfishness. Not everyone is ready to start a family relationship with the thought of ending them. At the heart 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 it with your spouse. In addition to the misunderstanding faced by people, wishing to make a marriage contract after marriage, the minuses of this type of contract are well known to inattentive people and soft-spoken owners. When signing an agreement there is a possibility of including unfair conditions in it. If you are tormented by doubts as to whether the treaty corresponds to your interests, do not rush to sign it. For example, one of the spouses can persuade a partner to leave the right to an apartment for him, justifying it with a large salary, while the importance of household work is left unaddressed.

When can I sign a marriage contract?

Pairs, determined to draft a contract, often make out it before the process of marriage. In such cases, the document begins to act not from the moment it was written, but from the registration of the spouses in the registry office.

The couple has the right to make a marriage contract after the marriage, regardless of the length of life together and the amount of property acquired. Even a married couple with older children, a common apartment and a cottage can formalize such a contract. The contract, made up by husband and wife, becomes valid immediately after it is signed. If the spouses wish, he can gain strength at any other date - for this, the text should be given the appropriate directions.

What should be included in the agreement?

Unable to understand how to properly arrange a marriage contract, after marriage, many couples abandon this idea. In fact, everything is not so difficult. A mandatory list of issues that should be regulated in the contract does not exist, and therefore a person without legal education can write it. Before drawing up the document, it is necessary to inspect the property and discuss with the partner what things will remain for each of you in the event of a divorce. It is important to resolve all the differences before concluding the contract. In addition to the distribution of existing property, the contract can make provisions on the things that will appear in the spouses in the near future. The marriage contract must necessarily provide for the responsibility for failure to comply with its terms.

What should not be in the marriage contract?

There is no exact form for drawing up an agreement, therefore spouses have the right to contribute everything they deem 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 can not be curtailed by the marriage contract, even if he voluntarily agreed to it.

As already mentioned, the document should deal exclusively with property issues. Rights and responsibilities of spouses in the course of family life can not be regulated by a marriage contract. Also, the document can not limit the communication of one of the spouses with children, decide who will live with them in the event of a divorce. This issue is considered in court at the time of divorce. From the property relations in the document can not be regulated the issue of the division of things in the event of the death of one of the spouses, since it is prescribed in the will.

Mistakes in the marriage contract

Sometimes the parties include contradictory theses 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 a document already signed, you can make changes to it. In addition, the spouses have the right to edit and remove certain provisions or supplement them as necessary and the emergence of new circumstances that need to be resolved.

Marriage contract and credit

During a joint life, a couple often wants to buy expensive items for common use on credit. In such cases, the obligation to pay off debts is often issued for both spouses. Making a marriage contract after the marriage, the 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 on this person, and this should be prevented by creditors.

How to make a marriage contract?

For a document to be considered valid, it must be certified by a notary. If the spouses are sure they know how to make a marriage contract after the marriage, they can do it themselves. Nevertheless, it is better to seek the help of a lawyer to take into account all the nuances and prevent serious mistakes. A professional will help not only to give the agreement the right form, but also to find solutions in case of disagreements and pay attention to aspects missed by the couple from sight. The price of such a service depends on the firm in which you decided to apply.

If the spouses want to independently make a marriage contract after the marriage, a sample of the document can be asked from a notary. For an additional fee, he can check and correct the text of the contract.

How to apply for a marriage contract after marriage ?

The agreement, like any other document, must be given the right form, according to the established practice.

To properly make a marriage contract after the marriage, a sample of the cap should be moved to your project, changing only your data:

"City _____

«__» ____ ____

A citizen of the Russian Federation ________ 19__ of birth, residing at the address: _____, and a Russian citizen _______ born at 19____, living at: ____, married, registered ____ (name of authority) ___ ______ ____ year, marriage certificate series No. ______ , Have concluded this agreement on the following: ______________________________________________________________. "

Documents when signing the contract

To ensure that the notary assures the marriage contract, he needs to provide a list of documents, the list of which depends on what issues are touched upon in the draft agreement:

• Three copies of the text of the contract (one for the archive, which the notary will retain, and two for the 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 a mortgage;
• Health certificates and birth certificates for children, if there are provisions in the contract for the payment of alimony;
• Certificate of income of each of the spouses.

Terms of marriage contract

Under certain circumstances, even a contract certified by a notary will not be deemed valid. The signing of the marriage contract must be voluntary. If one of the spouses was pressured, threatened, blackmailed, and he will confirm it in court, the marriage contract after the marriage or its termination will not be considered. If one of the parties to the contract at the time of its signing was not legally capable, and this is confirmed by a certificate from the psychoneurological dispensary, the agreement will also not be valid.

If some provisions of the agreement do not comply with the rules, they do not come into effect, while other items are mandatory.

Termination of the marriage contract

Termination of the contract is easiest to achieve with the consent of both spouses. In this case, the couple must sign an agreement on the termination of the contract and notarize it. To write this document 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 the marriage, when it has already received legal force, and his partner refuses to sign the agreement, this procedure takes place in court. In order for the application to be approved, the initiator of the process must have good reasons for terminating the document. The basis may be a serious breach of 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, it is necessary to make a written request for the termination of the contract to its partner, to provide it to the court together with the refusal and confirmation of the violation of the spouse's terms of the agreement, if any.