Marriage contract after marriage: pros and cons

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

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

What is a marriage contract?

Different countries have different approaches to the definition of this concept. In Russia, it is an agreement in which material issues are regulated, and the responsibilities of spouses are also determined.

It is important to understand that the contract should not include provisions regarding communication with children or the distribution of work around the house. there can be only that which has material value - money, real estate or things. Thus, spouses can organize future expenses, impose an obligation on child support or each other, and determine who gets the apartment in case of divorce and who gets the car. If the spouses have acquired valuable property, there is no shame in drawing up a marriage contract after marriage. The pros and cons of signing an agreement 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 registration of a marriage contract

Everyone knows how property is distributed during the dissolution of a marriage - the spouses share the material values ​​acquired during their life together equally. This method is not always fair, since many conditions are overlooked - sometimes a wife or husband works more and buys some things with their own money, and then loses them during the divorce procedure.

A couple who make up a marriage contract after marriage and have children in common can secure them by making provisions for the benefit of the spouse who will stay with the baby (leave the apartment for him and ensure the payment of alimony). There are times when one of the partners takes a loan in his own name, the repayment of which also requires regulation. Despite the fact that spouses rarely decide to draw up a marriage contract after marriage, the pros of signing it clearly outweigh the cons.

Contract for a comfortable life together

The marriage contract is important not only in the process of dividing things in a divorce. Sometimes one of the spouses is unable to sell something due to the fact that the partner is abroad or does not want to give consent to the deal, which is why she cannot gain strength. If the agreement states that this thing belongs exclusively to the husband or wife, then the decision to sell it can be made independently.

Cons of drawing up a 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 family relationships with the thought of ending them. The marriage contract is based on the protection of one's 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 this with your spouse. In addition to the misunderstanding that people face when wanting to draw up a marriage contract after marriage, the disadvantages of this type of contract are well known to inattentive people and owners of a soft character. When an agreement is signed, it is likely that unfair terms will be included. If you are tormented by doubts about whether the agreement is in your interests, do not rush to sign it. For example, one of the spouses can convince a partner to leave the right to an apartment for him, justifying this with a large salary, while the importance of housework is ignored.

When can you get a marriage contract?

Couples who are determined to draw up a contract often formalize it even before the marriage process. In such cases, the document takes effect not from the moment it was written, but upon the registration of the spouses in the registry office.

A couple has the right to draw up a marriage contract after marriage, regardless of the length of their life together and the amount of property acquired. Even a married couple with adult children, a shared apartment and a summer cottage can draw up such an agreement. A contract drawn up by a husband and wife becomes valid immediately after it is signed. If the spouses wish, he can gain strength on any other date - for this, appropriate instructions must be entered into the text.

What to include in the agreement?

Failing to figure out how to properly formalize a marriage contract, after marriage, many couples give up the idea. In fact, everything is not so difficult. There is no obligatory list of issues that must be regulated in the contract, 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 your partner what things will remain with each of you in the event of a divorce. It is important to resolve all disagreements before entering into a contract. In addition to the distribution of existing property, provisions on things that the spouses will have in the near future can be included in the contract. The marriage contract must necessarily provide for liability for failure to comply with its terms.

What shouldn't be in a marriage contract?

There is no exact form for drawing up a contract, so spouses have the right to bring in whatever 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 cannot be curtailed by a marriage contract, even if he voluntarily agreed to it.

As already mentioned, the document should relate exclusively to property issues. The rights and obligations of spouses in the course of family life cannot be regulated by the marriage contract. Also, the document cannot limit the communication of one of the spouses with the 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 in the document, the issue of the division of things in the event of the death of one of the spouses cannot be regulated, since this is prescribed in the will.

Errors in the marriage contract

Sometimes the parties include conflicting statements in the contract. If such errors are found during the divorce proceedings, often this issue is decided already in court. To avoid such situations, it is recommended to draw up a contract not independently, but with the help of a notary.

If you find errors in an already signed document, you can make changes to it. In addition, the spouses have the right to edit and remove some provisions or supplement them as necessary and the emergence of new circumstances that need to be resolved.

Prenuptial agreement and loan

During their life together, a married couple often has a desire to buy expensive items for general use on credit. In such cases, the obligation to pay off the debt is often made out for both spouses. When drawing up a marriage contract after marriage, it is necessary to formalize the ownership of one of the spouses for property purchased on credit. In this case, the obligation to repay the debt lies only with this person, and creditors must be warned about this.

How to conclude a marriage contract?

For a document to be considered valid, it must be certified by a notary. If the spouses are confident that they know how to draw up a marriage contract after marriage, then they can do it on their own. Nevertheless, it is better to seek the help of a lawyer in order to take into account all the nuances and avoid serious mistakes. A professional will help not only shape the agreement, but also find solutions in case of disagreement and pay attention to aspects overlooked by the spouses. The price of such a service depends on the company you decide to contact.

If the spouses want to draw up a marriage contract on their own after marriage, a sample document can be requested from a notary. For an additional fee, he can check and correct the text of the contract.

The agreement, like any other document, must be given the correct form, in accordance with established practice.

In order to correctly draw up a marriage contract after marriage, it is advisable to transfer a sample of a hat to your project, changing only your data:

"Town _____

"__" ____ ____ G.

A citizen of the Russian Federation ________, born in 19__, residing at the address: _____, and a Russian citizen on ______ born in 19__, residing at: ____, married, registered by ____ (name of the authority) "__" ______ ____, marriage certificate series No. ______ , have entered into this agreement on the following: ______________________________________________________________. "

Documents for the execution of the contract

In order for a notary to certify a marriage contract, he needs to provide a list of documents, the list of which depends on what issues are raised in the draft agreement:

• three copies of the text of the agreement (one for the archive, which the notary will keep with himself, and two for the married couple);
• husband and wife passports (it is also advisable to have copies with you);
• marriage certificate;
• documents confirming ownership of real estate, transport or items referred to in the agreement;
• documents received when taking out a loan or mortgage;
• health certificates and birth certificates of children, if the contract contains provisions on the payment of alimony;
• income statement for each of the spouses.

Conditions for concluding a marriage contract

Under certain circumstances, even a notarized contract will not be considered valid. The signing of the marriage contract must be voluntary. If one of the spouses was pressured, threatened, blackmailed, and he confirms this in court, the marriage contract after the marriage or its dissolution will not be considered. If one of the parties to the agreement at the time of its signing was not legally capable, and this is confirmed, the agreement will also be null and void.

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

Termination of a marriage contract

Termination of the contract is easiest to achieve with the consent of both spouses. In this case, the couple needs to draw up an agreement on termination of the contract and certify it with a notary. To write this document, you 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 he 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 significant reasons for the termination of the document. The reason may be a serious breach of the 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, you need to make a written request to terminate the contract to your partner, provide it to the court along with the refusal and confirmation of the spouse's violation of the terms of the agreement, if any.