On the eve of the wedding decided to dream of serene life together, rather than thinking about how to divide more just a double bed in case of divorce. What righteous indignation reflected in the faces of some of the girls, if they mention a prenuptial agreement! But is it so nervous? After the procedure of drawing up a marriage contract - is not a sign of distrust, and no reason to suspect you of selfish intent. Rather, the marriage contract is a litmus test, showing the degree of concern future spouses for each other.
Sure, it's not the most pleasant topic for discussion at the beginning of family relations. But sometimes skillfully created a prenuptial agreement may be the only way to maintain a more or less civilized relations between the gathering to terminate their marriage spouses. It will help to resolve all questions without stooping to lawsuits and counting, who and how many "best years of his life wasted on this marriage," and what part of the joint property is owed to him for that. Believe me, the duration of the 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 of property of the spouses in case of divorce. It is worth mentioning that the prenuptial agreement can serve as an additional guarantee for the observance of women in case of divorce, the rights and interests of future children.
If you are still in doubt, we suggest that you consider a few more basic questions: what constitutes a marriage contract? What items can contain? When the marriage contract can be signed? What is the approximate cost of the marriage contract? Who will make the marriage contract, and how much will it cost?
What is a marriage contract?
We will not in this article to go into legal language, prescribed in the Family Code of the Russian Federation. Speaking of "human" language, the marriage contract - an agreement between two people who have entered or are just going to get married. According to the agreement established property rights and duties of the spouses to the marriage or in the event of its dissolution. The marriage contract shall become effective upon registration of marriage and must be notarized. All terms of the contract must comply with the requirements of the Russian legislation, or thereafter, it may be declared invalid.
It will be very well, if the couple in advance to determine the status of the property, to whom it will belong to after the divorce, how it will be partition. Yeah, that sounds pretty harsh, but this is the reality of our lives. That is why in all the civilized countries of the spouses are not afraid to offend each other to conclude a marriage contract. So maybe you should stop to see the verdict in the marriage contract for his own marriage and sober reasoning, to take this successful practice?
And yet - do not forget about the fact that the conclusion of a marriage contract in no way infringes upon your civil rights. The contract can not regulate personal or intimate relationships between spouses, rights and duties of parents towards their children, can not put one spouse dependent on the other. Even the most despotic husband can not force you to give up work and become a housewife, making such a paragraph in the marriage contract. Here, as they say, "flies separately, cutlets separately."
So, you have decided that you need a prenuptial agreement; Now it is worth thinking about what items can and should be included in it.
What items can contain a marriage contract?
If you are afraid of the procedure of drawing up the marriage contract, and you fear that the agreement will look banal carve-up of kitchen utensils - to start the look of the standard form contract and find out all the features of the marriage contract. You make sure that the legal language is inherently quite humane and considerate. The agreement clearly and concisely specifies the property relations in marriage. Namely:
- Pre-marital property rights to each of the spouses during the marriage to and divorce cases. It can be not only real estate, but also the car, jewelry or securities.
- Commitment to provide material content of one of the spouses in case of divorce. And being able to pay his treatment or rest.
- Ways to participate in the earnings of each other, the procedure for objection to every family expenses.
- The opening of a separate account for the education of children, as well as the percentage of revenues that each spouse is obliged to list on a monthly basis in this regard.
- Payment of additional content to the children in case of divorce.
- Compensation for moral and physical damage in the case of adultery or beatings.
- Responsibility for loans and debt obligations of each spouse.
Include in the marriage contract items relating to the living conditions of children with a parent in the case of divorce, it is possible. But it should be noted that in the event of disputes the basis for the judgment will be the recommendations of the guardianship laws and regulations, not the last agreement between the parents.
This is only the standard points of the marriage contract, and they are not something immutable. You can make the additions and clarifications as long as he will not meet all your requirements. By the way, the marriage contract can be either temporary, that is, separately negotiated term of this contract and permanent - of indefinite duration.
From all of the above it is clear that to cope with the preparation of a marriage contract, if you do not have legal training, and thus avoid the "fatal" error - it is impossible. So you should think about who can help you properly arrange the marriage contract.
To entrust the drafting of the marriage contract and how much will it cost?
Selecting different legal and notary offices so great that at first you may get confused when deciding where the marriage contract can be concluded - a notary public or in a private law firm
. If the fundamental question is the price, it should refer to the notary public
. Services on drawing up a marriage contract will cost you approximately $ 10,000 to 15,000 rubles
. But it is worth remembering that the main criterion for you should be a qualified lawyer
. Even better, if your chosen lawyer has experience in legal proceedings related to family relationships
. And it does not matter, it works in the public or in a private office
. It will take into account all your wishes and will not offer you a 'typical' prenuptial agreement
. After all, every life situation is especially individual and requires a careful, well thought out and competent approach
. Another important factor is your trust lawyer, because you have to raise enough personal topics when discussing the items of the contract
. A competent lawyer with you necessarily consider a situation in which the possible termination of or changes to the points of the marriage contract
Once the agreement is made, the future spouses must discuss the legal consequences of each item of the contract, together with a lawyer. And if some of them do not meet the requirements of one of the spouses, amend or supplement. The marriage contract - a document to the drawing which is necessary to approach with all possible care, carefully considering and weighing even the smallest and, as you may seem insignificant details. After then it will help to avoid many problems.
After the compromise agreement reached, the marriage contract is drawn up and all the features of a marriage contract approved by both parties, it must be signed and notarized. Prepare to be that the notary once again explain to you all the items of the contract and upon being satisfied that the parties have no disagreement, register it and assured.
So, off doubts - you have gone a long way from rejection to understand the necessity and timeliness of visiting our country, the possibility of concluding a marriage contract. We hope that this article has helped you in this. But do not forget that a marriage contract would not be a guarantee "coupon for luck." Only the sensitive attitude of the spouses to each other, mutual understanding and the ability to arrive at a compromise solution without coming down to quarrels and mutual claims, may be the key to a long and happy family relations.