The courtyard is already the twenty-first century, but for some reason the Russian Federation still has a dual attitude toward drawing up a marriage contract in case of divorce of married couples. In order to understand the essence of the attitude of Russians to the contract, it is necessary to get acquainted with the strengths and weaknesses of the mentioned contract.
Do I need to make a contract?
To begin with, some young people, due to their legal illiteracy, do not consider it necessary to hammer their heads with a marriage contract in the event of a divorce. Others consider this legal procedure to be inappropriate among people who love each other. Practical life experience of passing the courses of family universities shows and proves the need to compile marriage contracts in case of divorce of married couples.
Drawing up the mentioned document is not considered as a commercial transaction, in no way illusions the luminous feelings of the spouses, allowing them to be in a happy marriage for many years. But in case of occurrence, newly discovered circumstances, when one of the parties becomes the initiator of the divorce, the existing marriage contract will regulate the sharing of the jointly acquired property.
In the absence of the mentioned document, upon the dissolution of the marriage relationship, the property acquired during the period of marital relations is divided into two equal parts. The presence of children remaining with one of the spouses, the divided share of the property is increased, the fact that only one man worked in the family, is not taken into account during the trial. Sometimes such sections of the acquired joint family good do not meet the standards of fairness, but it is not possible to challenge these decisions in the higher courts. Therefore, competent drafting of marriage contracts will protect the rights of each of the spouses who were married.
One of the arguments of all loving couples, says that the signed marriage contract or contract causes a feeling of distrust to each other initially, immediately after the wedding. Young people, in their naivety and ardor, do not want to abstract from the drafted contract, which can successfully lie in a safe, among business papers and not be in demand. When the thunder strikes and the marital relations of the spouses come to an end, this is where the contract concluded in time will be remembered, in which the items for the division of property are clearly stipulated.
The presence of such legal documents governing the division of property will help you avoid absurd situations when spouses have to divide all the acquired property, including apartments, cottages, cars, cabinets, refrigerators, bedside tables and cutlery. The marriage contract provides for the existence of items on the division of movable and immovable property. The presence of absurd items concerning the walking of dogs, the performance of family and marital duties in Russian legislation do not have legal force. From the availability of clauses in the contract that do not meet the requirements of Russian law, when the document is concluded with an incompetent person, where there are clauses on pretense and hypocrisy, such documents are recognized as invalid.
Advantage of the contract
The advantages of such contracts can be attributed to those moments that state the fact of the property of spouses, acquired before marriage. This value is relevant for public people, for officials, civil servants and politicians who need to provide a declaration on their property each year.
The business advantages of this agreement are visible, there are much more of them than the existence of one moral minus, which for the time being due to the Russian mentality, people can not overcome, but eventually the popularity of the marriage contract will come and will be the same necessity as automobile insurance.
Cost
The cost of drawing up a standard contract form is now low, only a notary fee is paid, in the amount of one thousand rubles. When drawing up an individual contract, which includes all aspects of marital relationships, its value increases to a maximum amount equal to ten thousand rubles. The consent to conclude a marriage contract must come from both spouses. In countries of Western Europe, the drafting of such a document is commonplace and people do not cause any concern.