Drafting a marriage contract: details, rules, main points
In 2011, the number of Russians doubled,who entered into a marriage contract. In general, the increase in interest in the contract is due to the increase in marriages between the Russian brides and "foreign" grooms. And yet this mark is much lower than the European one. But the trend is set, it's time to discard prejudices and get acquainted with the content of the marriage contract, because in the whole world this form of the contract is recognized as civilized. After all, this is more evidence of a sensible approach, rather than of indecency.
Making a marriage contract is possible thanks tonorm of the Family Code: Article 40 of the eighth chapter states that the spouses have the right to agree on what property to which of them belongs, will be married and in the event of its dissolution. Thus, the husband and wife can go beyond the statutory rules regarding the joint ownership of property, as well as dividing it in equal shares in case of divorce. The contract allows you to clearly identify who owns what (jewelry, coats, deposits, deposits, cars, real estate, furniture).
This legal instrument will avoidmany troubles and, if necessary, leave without unnecessary claims to each other and protracted litigation. He also gives an opportunity to demonstrate the seriousness of his relations, for example, if the spouses unite all the existing property before the wedding, in order to consider it common in marriage.
In order for the treaty to come into force, it must be certified by a notary, for this it will be necessary to pay a state fee.
Drafting a marriage contract can be entrusteda qualified lawyer or the same notary. The specialist will also take into account the norms of the Family Code (Article 42 of the content of the contract), will compose a literate text with clear language and without ambiguous meanings. This way the spouses can avoid different interpretations of the content of the contract and secure their property rights from each other's claims in the event of a discord in the relationship.
You can also make a marriage contract. An example of its compilation is also available in the legal literature, on the Internet, and in periodicals. Although not every sample that comes across the network meets the "letter of the law". There are some subtleties. For example, all figures in the contract should be prescribed in letters, and in the data on spouses, abbreviations are prohibited.
And most importantly, the drafting of a marriage contract - thisA measure aimed at the distribution of only property rights. The requirements of the spouses to each other, limiting their freedom of action, are inadmissible in the legal document. However, it is possible to establish in the contract the norms under which certain behavior of one of the spouses entails the offensive of property rights of another. For example, an "unworthy" spouse is obliged to compensate for his behavior (it is possible and necessary to specify which one) materially to the spouse (or vice versa).
However, this rule does not apply to the obligation to raise children, but only with respect to the costs of their maintenance.
Drafting a marriage contract - not so mucha difficult task, especially if the future spouses are ready to discuss all the points. You just need to stick to the main points, although you can make your own. A typical example of a marriage contract, drawn up on the basis of the article of the Family Code on the content of the contract, reflects the system of joint use of property and has the following sections:
- the regime of property,
- rights and obligations,
- responsibility for failure to fulfill its obligations.
A variant of shared ownership (parts) is also possible. There are also contracts, based on the regime of separate ownership. Although this option is rare, even in the United States, where the marriage contract has long been common. In the case of shared and separate ownership of property, the contract will contain an additional clause: the peculiarities of the regime.
And the last important point: the drafting of a marriage contract is allowed by Russian law and after marriage (if only not after the divorce).