We all fall in love and lose our heads - someone once in a lifetime, and someone several times. And most importantly - do not lose your head at the time of marriage. "Everything will be fine, we love each other. The marriage contract is absurd and disrespectful to each other "we all say and think so, afraid of hurting and insulting our halves. Time passes - love goes away, someone breaks up and stays at the broken trough. To make this happen less often, today we will talk about "marriage and marriage contract".
In this article, we will put more emphasis on the marriage contract, how to properly conclude it and whether it should be concluded at all. Today in our country is not so popular the conclusion of marriage contracts, because only in Russia are especially inclined to trust the familiar and unfamiliar people.
So, articles 40 and 42 of the Family Code stipulate that a marriage contract is a document having legal force that represents the interests of two parties entering into marriage or defining property rights and obligations in marriage and after its dissolution. The marriage contract spares the spouses from unnecessary problems in the dissolution of marriage. The marriage contract determines what exactly will become the property of each of the parties when the union is dissolved, distributes the rights and obligations of each of the parties, the ways of distribution of incomes and expenses. You can enter any conditions in the contract that relate to property relations. The marriage contract determines which property regime will be used in marriage - joint, shared or separate. Joint ownership - property enters into common ownership, it is this regime that is used, unless otherwise specified. Share ownership - that is, the shares of spouses are determined initially. Only under this regime it will be impossible to sell, exchange, bequeath property without the consent of the other party. The regime of separate property can be established for all or for certain types of property.
The rights and obligations specified in the marriage contract can be limited by terms or conditions that may depend on their occurrence or non-occurrence. For example, if you are in a position and your income is declining or you are not at all able to earn money, then you have the right to provide a clause in which your spouse for the period of pregnancy is obliged to keep you. The marriage contract does not limit the legal capacity or capacity of lovers, the right to seek protection in court. Nor can it regulate personal relationships between you, the relationship between you and the children, or it can not put one of you in adverse situations or positions.
A marriage contract can be concluded before the marriage or at any time after the marriage. The marriage contract comes into force on the day of marriage, or if the contract is concluded after the marriage, then the moment of entry into force is the moment of notarization. The contract is concluded in writing and in triplicate, by each party, and notarized, the third copy remains with the notary. The contract can be terminated or amended by mutual agreement or at the initiative of one of them. Refusal to perform a marriage contract by one party is not allowed. The operation of the contract ends after the termination of marriage, exceptions are the conditions specified in the marriage contract for the period after the termination of the union.
If you want to conclude a marriage contract, you need to apply to any law firm, you will be consulted on all issues and will be offered a standard marriage contract, the terms of which you can change yourself. "Trust, but check" - says the proverb, so sometimes you need to listen to wise advice.