How to make a marriage contract

If you are just thinking about drawing up a marriage contract, be prepared for the fact that your plans can cause bewilderment and a whole stream of objections both from your chosen one and from those around you and your parents.

You can understand them, because in our country this practice began not so long ago. And the traditional views on marriage, as sacred bonds until death, do not admit the thought of such a sacrilege. But if you understand the parents who belong to a fundamentally different generation and the views are still possible, then the others should react very carefully to the arguments. After all, marriage concerns only you and your future (or present) spouse, and decide whether or not to make a contract only to you. For residents of Europe and America, the conclusion of marriage contracts is a norm for several centuries. While in Russia this practice began only in 1996 with the adoption of the Family Code of the Russian Federation. So far, the population of our country is very conservative, and meanwhile, the conclusion of a marriage contract entails a lot of positive consequences.

First, you "insure" yourself. After all, we are all people, and no one can guarantee that today's heated mutual love will last until the end of days ... Of course, one needs to believe only in the best. And even if you are sure of the devotion and reliability of your second half, where is the guarantee that you will not be the initiator of the gap? Circumstances can develop in different ways. And if a divorce does happen, the registration of the marriage contract in the beginning will help to avoid unnecessary expenditure of nerves, time and money at the end of the relationship. At the very least, all property disagreements will be resolved much faster, and the divorce process will not stretch for long painful months, or even years ...

Secondly, contrary to the established opinion, the contract can regulate not only the division in the dissolution of marriage, but property relations in the period of family life. For example, the distribution of finances between spouses may be stipulated (which part goes into joint and which part remains in personal use). Or, for example, an important question of the position of the spouse during pregnancy and after the birth of the child (children). After all during this period a woman can not independently earn money and provide herself. The contract can stipulate what share of the family income it can claim during this period. Such coordination is beneficial not only to the wife, as it might seem at first glance, the husband also to some extent pre-empts himself from the excessively unrestrained claims of the spouse for his income.

Thirdly, the marriage contract may contain an agreement on a wide range of problems and cases. For example, points on compensation for moral damage in case of treason. Or, on the contrary, that the initiator of the rupture will receive 1/3 of the property, and the "injured" 2/3. So, a person will seriously think about the consequences, before making a fateful decision or starting a relationship on the side. That, too, can serve to some extent the preservation of marriage.

So, you decided and you need to think about how to properly make a marriage contract.
1. The first thing you need to do is correctly present the proposal to your second half. Please note that the contract can be drawn up not only before the marriage, but also between already legal spouses, so it's never too late to decide on its composition.

2. Talk and make a list with the spouse of the most important and minor agreements, which will be discussed in the contract. Ideally, an expert should participate in the process from the very beginning. At the same time, you will set out all your requirements and wishes for him, and he will make a legally competent document. If you insist that before you contact a specialist, you will try to compose the text yourself, then the sample can be found in any notary's office or even on the Internet. But still, how much you and how correctly you made up the marriage contract is absolutely necessary to consult a professional lawyer.

3. To conclude a marriage contract, you must pay a state fee.

4. The marriage contract must be notarized. At the same time, the consent of both parties is necessary, as well as their personal presence when signing the contract itself. The document is kept in triplicate (at the notary and spouses).
The document can be changed in the future. But, again, only by mutual consent of the parties.

When drafting a marriage contract, remember and consider the following important legal points.
- Do not operate in the contract with specific amounts and figures (except for individual cases). It is better to talk about percentages and shares.
- In the marriage contract can be said about the property: joint (common property of the spouses), share (the shares of the spouses are stipulated in advance), separate (the property of one of the spouses).
- The contract can stipulate the rights to property as already available, as well as that which will be acquired in the future.
- A marriage contract can not regulate non-property relations. For example, the order of communication of children with one of the parents after the divorce or who will take care of pets daily ...
- If your spouse is a citizen of another state, you will have to take into account that the clauses of the contract do not contradict the legislation of his country.
- A contract can be concluded for a certain period or for an indefinite period. By mutual consent of the parties, it can be terminated.

Alika Demin , especially for the site