Will the family strengthen the marriage contract?

Maria Soboleva
04.02.2016

Will the family strengthen the marriage contract?

Most couples create families for love and are going to live in harmony for many, many years. thereforemarriage contractfor us, something is still not entirely clear and acceptable. What does he write down, what family relations does he stipulate, and in general - is this document necessary and how should it be concluded?

Marriage contract - what is it?

Only a small percentage of couples in our country documents some issues of future family life. It is customary in the United States and European countries to prescribe conditions of cohabitation, with regard to property, personal relationships, and the upbringing of children, and life. Up to who and when cleans the apartment, walks with children and whether it has the right to sit-in with friends. There, the marriage contract institute already has a long history.

Marriage Contract

We have a relatively new concept and is stipulated by the Family Code of the Russian Federation and the Family Code of Ukraine. And our contract between spouses is fundamentally different from what is practiced abroad.

Content of the marriage contract

It is important to know that we have a marriage contract between spouses and regulates only the property and financial relations of the parties in the state of marriage and in case of divorce, and the document may stipulate the property rights and duties of the husband and wife as parents.

According to the law, the marriage contract does not provide for the possibility to interfere in the personal relationship of the spouses and in the relationship between parents and children. So, to add clauses to the contract stating that the wife is obliged to consider her husband the head of the family, the spouse does not have the right to rest separately, and after the divorce, the father is strictly forbidden to see the child - it is impossible!

Entering into a marriage contractwill help ease some property disputes and financial differences. All the nuances of possible disputes over apartments, houses, cars, villas, stocks, expenses for the maintenance of children and much more and contains a marriage contract.

Property of spouses

By the way, its clauses may also concern the future property, it is already possible to stipulate conditions in advance - how to dispose of them and how to divide, in which case.

Marriage Contract Terms

There are a lot of questions about property ownership, let's see what conditions can be negotiated by entering into a marriage contract.

About property mode

Everything that is jointly acquired and acquired by the spouses in a marriage is considered joint property. And it does not matter in whose name the property is acquired: it is about real estate, movable things, shares, securities, shares in capital.

So, it is possible to make changes to the marriage contract both about everything that the spouses own and about specific types of common property and values ​​that belong personally to the husband or wife.

For example, in the contract, you can specify that the spouses are willing to consider the car as joint property, but the bike will belong to the husband personally.

Family car

In the conditions of a marriage contract, the share ownership regime is also prescribed: for example, the spouse will own only one third part of the house acquired.

You can specify the conditions for the regime of separate property: if the wife purchased the dacha at her own expense, then this will be her property.

In advance, the marriage contract also provides for the property for which each spouse is entitled to claim in case of divorce.

A separate item is prescribed and some points related to the disposal of property.For example, a wife will not be able to single-handedly manage jewelry - to sell, give, give as a pledge. This should be done only with the consent of her husband.

On the mutual content of each other

So that in the event of any life circumstances there are no complaints against each other, insults and quarrels on this basis, it is more reasonable, apparently, to immediately agree on the content of each other. And it concerns the period of marriage, and the time after its dissolution.

Husband and wife

You can make a clause in the contract: the duties of the husband - each month allocate 400 y to the wife for maintenance. e., until the children turn 18 years old. Or nobly agree to support the spouse after the divorce, until she arranges her personal life or only if she is disabled.

You can agree in advance on possible alimony and compensation in the form of property.

About family expenses

There is simply no single, statutory list that includes family expenses. This includes a lot of things: utilities, Internet and telephone charges, kindergarten, children's clubs, medical services, spending on leisure, buying food and clothing, etc.

You can stipulate by the marriage contract who will be involved in family expenses to what extent:

  • participation in equal shares is possible;
  • partial participation;
  • Payment of some separate items of family expenses, for example, the maintenance of the car falls on the shoulders of the spouse, and the wife pays for the child’s stay in the preschool institution or the invitation of the nanny.

About housing

The marriage contract may contain conditions on how to use the housing owned by one of the spouses. For example, you will demand the eviction of your wife in case of a divorce, if you pay her some compensation.

House section

The conditions of residence of the relatives in the house or apartment jointly owned by the spouses or one of them are stipulated in the marriage contract.

What should not be included in the marriage contract

It is important to know which conditions cannot be included in the marriage contract:

  1. It is unacceptable to limit the capacity or rights of a partner: to prohibit getting a job, studying, raising qualifications;
  2. infringe upon the rights of spouses in relation to children: determine in advance which of the parents the child will live after the divorce, prohibit the meeting of the children with the parents;
  3. It is not allowed to include in a marriage contract the conditions that put a husband or wife in a deliberately unfavorable position: to prescribe a waiver of alimony or the transfer of all property to the possession of one spouse.

Marriage contract form

Only a written and notarized marriage contract can be valid. To make the right contract, you can contact a practicing lawyer or a notary. Be sure to provide all documents of title to your property.

Marriage contract examplecan be found on the Internet, pre-read its content. And together with a lawyer to discuss specific points that you want to specify in your contract.

Spouses can enter into a marriage contract at any stage of marriage, the bridegroom and the bridegroom who have applied for registration of their relationship have the right to do so.

There is an opportunity to conclude a marriage contract indefinitely, and you can specify a specific term.

Termination of the marriage contract

The marriage contract can be amended, it is also subject to termination in certain cases.But all actions take place by mutual agreement of the couple and must necessarily be certified by a notary.

Notary

In court, the termination of the contract is allowed if one of the parties has substantially violated its conditions (the spouse sold the house without allocating the amount set by the contract to the wife) or these conditions have changed significantly. For example, under a contract after a divorce, the cottage in the suburbs remains to the husband, and the city apartment to the wife. But as a result of the fire, the country house burned down, property relations immediately changed. If a compromise cannot be reached, the marriage contract can be terminated.

In general, most cautiously and coolly, most of our fellow citizens refer to a marriage contract. We are not very accustomed to sharing in advance not yet acquired things, and generally thinking about divorce, only by joining the knot.

What is such an agreement and what it insures against - we told. Next - you decide.

For advice on entering into a marriage contract, see this video:


Take it to yourself, tell your friends!
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  • Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?

    Will the family strengthen the marriage contract?