On the eve of the wedding it is customary to dream ofcloudless joint life, and not to think about how to divide the double bed more fairly in the event of a divorce. What righteous indignation is reflected in the faces of some girls, if they mention a marriage contract! But is it worth it to be so nervous? After all, the procedure for drawing up a marriage contract is not a sign of mistrust and no reason to suspect you of selfish intentions. Rather, the marriage contract is a litmus test, reflecting the degree of care for future spouses about each other. Undoubtedly, this is not the most pleasant topic for discussion at the beginning of family relations. But sometimes a competently drawn up marriage contract can be the only way to preserve a more or less civilized relationship between those who have gathered to terminate their marriage with their spouses. It will help to resolve all issues without going down to litigation and counting, who and how many "best years of life ditched for this marriage", and what part of the jointly acquired property is due to him for this. Believe me, the duration of marriage does not depend on whether the marriage contract is concluded or not. It only provides an opportunity to agree in advance on the rights to property of spouses in the event of a divorce. It is worth mentioning that the marriage contract can serve as an additional guarantee for a woman to comply with the divorce rights and interests of future children. If you are still in doubt, we suggest that you consider in more detail a few basic questions: what is a marriage contract? What items can it contain? When can a marriage contract be concluded? What is the approximate cost of signing a marriage contract? Who will help to make a marriage contract, and how much will it cost?
What is a marriage contract?
We will not go into this articlethe formulations prescribed in the Family Code of the Russian Federation. In "human" language, the marriage contract is an agreement between two people who have already entered or are just about to marry. This agreement establishes the property rights and duties of the spouses for the duration of the marriage or in the event of its dissolution. The marriage contract comes into force after the registration of the marriage and must be notarized. All the terms of the contract must necessarily comply with the requirements of the current Russian law, otherwise it can be subsequently invalidated. It will be very wise if the spouses determine in advance the status of the property, to whom it will belong after the divorce, and how this section will be implemented. Yes, it sounds pretty tough, but that's the reality of our life. That is why in all civilized countries, the spouses are not afraid to offend each other with a proposal to conclude a marriage contract. So maybe, and it's time for you to stop seeing in the marriage contract a sentence for your own marriage and, having soberly judged, to accept this successful practice? And yet - do not forget that the conclusion of a marriage contract does not infringe on your civil rights in any way. The contract can not regulate personal or intimate relations between spouses, the rights and duties of parents towards children, can not put one of the spouses in dependence on another. Even the most despotic spouse can not force you to quit your job and become a housewife, making such a paragraph a marriage contract. Here, as they say, "flies separately, cutlets separately". So, you have decided that the marriage contract is necessary for you; now it is worth considering what items can and should be included in it.
What items can contain a marriage contract?
If you are frightened by the procedure of compiling marriagecontract, and you are afraid that the agreement will look like a banal sharing of kitchen utensils - first, look at the standard form of such a contract and find out all the specifics of the marriage contract. You will see that the legal language is essentially humane and delicate. The contract clearly and concisely stipulates property relations in marriage. Namely:
- The rights to the premarital property of each of the spouses for the period of marriage and in case of divorce. It can be not only real estate, but also a car, jewelry or securities.
- Obligations to provide material maintenance to one of the spouses in case of divorce. And the possibility of paying for his treatment or rest.
- The ways of participating in each other's income, the procedure for carrying out each family expenditure.
- Opening a separate account for the education of children, as well as the percentage of income that each of the spouses must transfer monthly to this account.
- Payment of additional maintenance for children in case of divorce.
- Compensation for moral or physical harm in case of treason or battery.
- Responsibility for loans and debts of each of the spouses.
Include in the maritalconditions of residence of children with one of the parents in case of divorce, it is possible. But at the same time it should be taken into account that when disputes arise, the basis for the adoption of a court decision will be the recommendations of the guardianship authorities and the norms of laws, and not past arrangements of the parents. These are only standard items of the marriage contract, and they are not something unshakable. You can make your own additions and clarifications until it meets all your requirements. By the way, the marriage contract can be either temporary, that is, the validity term of this contract is specified separately, and the permanent contract is unlimited. Of all the above, it is clear that you can not cope with the preparation of the marriage contract, if you do not have a legal education, and at the same time avoid "fatal" mistakes - it is impossible. Therefore, it is worthwhile to think about who will help you competently register a marriage contract.
Who should be entrusted with the preparation of the marriage contract and how much will it cost?
Selection of various legal and notary officesso great that at first you can become confused when deciding where a marriage contract can be concluded - from a public notary or a private legal office. If the issue of price is fundamental, then you should turn to the notary public. Services for the preparation of a marriage contract will cost you about 10,000 to 15,000 rubles. But it is worth remembering that the main criterion for you should be the qualification of a lawyer. Even better, if the lawyer you have chosen has practical experience in dealing with cases involving family legal relationships in court. And it does not matter at all whether he works in the state or in a private office. He will take into account all your wishes and will not offer you a "model" marriage contract. After all, every life situation is purely individual and requires a careful, well thought out and competent approach. Equally important is your trust in the lawyer, as you will have to touch on enough personal topics when discussing the clauses of the agreement. A competent lawyer will necessarily consider with you situations in which it is possible to terminate or amend the points of the marriage contract. After the contract is drawn up, the future spouses should discuss the legal consequences of each clause of the contract together with the lawyer. And in the event that one of them does not meet the requirements of one of the spouses, make amendments or additions. The marriage contract is such a document, the preparation of which must be approached with all possible attention, carefully considering and weighing even the smallest and, as you may think, insignificant details. After all, this will help to avoid many problems. After the compromise agreement is reached, the marriage contract is drawn up and all the details of the marriage contract are approved by both parties, it must be signed and notarized. Prepare to ensure that the notary will once again explain to you all the points of the concluded contract and, having made sure that there are no disagreements among the parties, will register it and assure. So, away from doubt - you have gone through a difficult path from rejection to understanding the necessity and timeliness of the appearance in our country of the possibility of concluding a marriage contract. We hope that this article has helped you in this. But do not forget that the marriage contract will not become for you a guarantee "coupon for happiness". Only a sensitive attitude of the spouses to each other, mutual understanding and the ability to come to compromise solutions, without sinking to quarrels and mutual claims, can become a pledge of long and happy family relationships.