The signing of the marriage contract

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2018-03-17 12:31:24

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In the last decade ignite serious disputes over the drafting of the marriage contract. Some argue that this is a panacea for a possible showdown in case of divorce, which allows in any case to maintain friendly relations. Others believe that the signing of the marriage contract before the wedding contrary to the basic principles of marriage that must be for love, but not with cold calculation. Whatever it was, increasingly, couples in our country sign the agreement before registration or shortly thereafter.

What is this document? Prenuptial agreement-a contract governing the allocation of joint property after divorce. It cannot regulate personal rights and obligations of spouses, for example, regulate the order of the day, or, as they like to tell some of the jokers, the duration of sexual intercourse.

The fact that the fulfillment of such conditions is quite difficult to prove, and even harder to compulsorily compel performance. Also, it may not restrict the spouses in terms of legal capacity, that is impossible, for example, to include a clause stating that in case of divorce, a wife cannot submit to her husband to court for protection of their rights. The signing of the marriage contract includes a section of pre-marital assets or obtained by gift. To terminate it at any time, but only with the consent of both parties.

Who benefits from the signing of the marriage contract? In the first place – one of the spouses entering into the so-called unequal marriage. Simply put, when husband or wife is significantly richer your spouse has a higher income and considers its contribution to the total budget more significant. The most common – the husband is a businessman and a housewife. However, there are also middle-men who offer to conclude a marriage contract for fear of greed on the part of their wives. Frequently, when the equal income contribution of one spouse to the estate significantly exceeds the contribution of the other. For example, due to pre-marital savings or received an inheritance. Apartment for rent received after the death of his parents, will be considered property of the spouse who is the heir, and will not be jointly acquired property. But if it decides to sell and use the money to extend the living space (for example, to buy a house) with a small fee or no extra cost, then this property will be considered marital property, even if the other party put in him 3 rubles. In this case, comes to the aid of the signing of the marriage contract, in which you can specify that in the event of divorce, housing will accrue only to the party that has invested money in it or be split in any proportions (at least 1/20 and 19/20). Otherwise, in a divorce everything will be divided in half.

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How is the clearance of the marriage contract? Interested parties contact the lawyer that helps them to make the contract. To dispose of not only existing at the time of signing, but also the future property, for example, to specify the shares in which it will be divided in the divorce. The design of the contract takes place in the presence of a notary, but because it comes only from the moment of registration. If the couple has signed the marriage contract, and to sign the registry office did not become, and after some time, young decided to flee, division of jointly acquired property will be based on the principle “to each his own" (as in a normal civil marriage).

In General, at the signing of the marriage contract the spouses can commit to their share in the joint property, to allocate specific assets that will go to everyone in the event of divorce (e.g., apartment – my wife, the car to the garage – husband), to determine the contribution of each in the General budget and in each other's income.

 

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