All about the marriage contract

Getting married, we all hope that it will be once and for all. Yes, someone does, and someone, as they say, "no luck". In the West, it has long been a tradition to enter into a marriage contract before marriage. What is this mistrust of spouses or wise calculation? Let's consider what kind of document it is. A marriage contract (contract) is a document that regulates property issues, namely: ownership of property, the maintenance of children and each other, the use of property. The marriage contract does not regulate the relationship between the spouses: who should walk the pet or the order of cleaning and washing dishes. A marriage contract can not be drawn up in such a way that one of the spouses is in a known disadvantage.

A marriage contract is a serious document that requires a notarization. In addition, the property contract must be drawn up in such a way that it becomes a reliable document, which in the future will provide a reliable rear and it can not be challenged in court.

A marriage contract can provide for the following items:

The first thing you need to specify in the contract is what kind of personal property the spouses transfer to joint use and how it will be used. For example, the couple will live in an apartment that inherited one of the spouses, and who will be responsible for its content.

The second. Marriage can be purchased property, the contract must be written on what property is not covered by the rule on family property. Will married cars bought with personal property or in the contract will be recorded that for each of the spouses there is only that property that was registered for him in the marriage.

Third. In the case of the division of property in the marriage contract, its order is prescribed. This is a very important point, because shows the practice, in the process of dividing the property, both spouses claim to retain the same thing, or one of the spouses is ready to give in but wants to receive monetary compensation, but the parties can not decide on the amount of compensation.

In cases of divorce, the marriage contract generously helps, while the time, energy, and finances of both parties are saved. Therefore, the marriage contract - this is a serious document that can not be cooked for a couple of hours or even better - download from the Internet.

Fourth. In the marriage contract there is a very good clause that determines the procedure for keeping children and spouses, and can also determine the property (real estate, securities or deposit) at the expense of which the content will occur.

Also in the contract it would be good to prescribe such a clause in which the procedure for managing property in different situations is discussed, for example, in the course of illness one of the spouses was declared incompetent or missing. There have been cases when the missing persons were or the disease receded, i.e. the person recovered, and his property is no longer there, tk. it was spent.

How is the marriage contract (contract) drawn up?

The terms of the contract must be drawn up in such a way that they can provide for the most unexpected development of events.

It is worthwhile to involve several specialists in the drafting of the agreement, this will allow us to gather more independent opinions, which means that each of the spouses will be able to protect himself more correctly and competently.

A marriage contract may have expiration dates. The made contract is gaining momentum from the moment of its assurance in the notary's office. The contract can be drawn up before marriage, so it comes into force from the day of registration of the marriage.

There is a marriage contract unlimited, its effect is terminated from the moment of divorce. In the contract, you can specify the validity of both the contract itself and the terms of its certain terms.

Terms of the marriage contract can not be changed unilaterally. It can be changed only by mutual consent of both parties (spouses). The agreement on changes in the terms of the marriage contract is in writing and, like the main document (the marriage contract), is notarized.

One of the spouses can change the marriage contract by court decision, if it is necessary to defend the interests of minor children, as well as disabled children under age.

The marriage contract can be terminated at any time, but again by mutual agreement of both parties (spouses). Obligations and rights on the marriage contact can be terminated at the choice of the spouses - from the date of submission to the notary office of the application for the renunciation of the contract or from the moment of its conclusion.

A marriage contract can be terminated unilaterally only by a court decision on circumstances that are significant, for example, if it is impossible to fulfill it.