В последнее десятилетие разгораются нешуточные disputes over the preparation of a marriage contract. Some argue that this is a panacea for possible fights in the event of a divorce, which allows in any case to maintain friendly relations. Others are sure that the design of the marriage contract before the wedding is contrary to the basic principles of marriage, which should be for love, not for cold calculation. Be that as it may, more and more often married couples in our country sign this agreement on the eve of registration or soon after it.
What is this document?A marriage contract is a contract that regulates the distribution of the existing joint property after the divorce. He can not regulate the personal rights and duties of the spouses, for example, to regulate the daily routine or, as some jokers like to say, the duration of the sexual act.
The fact is that failure to comply with such conditionsit is difficult to prove, and even more difficultly compulsorily enforced. Also, he can not limit the spouses to legal capacity, that is, it is impossible, for example, to include in it the clause that in case of divorce the wife can not file a husband in court, protecting her rights. The registration of the marriage contract does not provide for the division of premarital property or the resulting gift. You can terminate it at any time, but only with the consent of both parties.
Who benefits from the execution of the marriage contract?First of all, one of the spouses entering a so-called unequal marriage. Simply put, when a husband or wife is much richer than his half: has a higher income and considers his contribution to the overall budget more weighty. The most common option - a husband-businessman and wife-housewife. However, there are also middle-income men who offer to conclude a marriage contract, fearing self-interest from their wives. It happens that with equal incomes, the contribution of one of the spouses to real estate significantly exceeds the contribution of the other. For example, due to premarital savings or inherited inheritance. The apartment received after the death of the parents will be considered the property of only the spouse who is the heir, and will not be jointly acquired property. But if they decide to sell and extend the living space (for example, buy a house) with a small surcharge or without any additional payments, then this property will be considered jointly acquired, even if the second party invested 3 rubles. In this case, the marriage contract comes to the aid, in which it can be indicated that in the event of divorce, only the party that invested money in it or will be divided in any shares (at least 1/20 and 19/20) will get the housing. Otherwise, when you divorce, everything will be divided in half.
Как происходит оформление брачного контракта?Interested parties turn to a lawyer who helps them draft a contract. You can dispose not only available at the time of signing, but also future property, for example, specify in what shares it will be divisible. The execution of the contract takes place in the presence of a notary, and by virtue of it it enters only from the moment of registration. If the couple signed a marriage contract, but did not sign at the registry office, and after some time the young decided to scatter, the section of jointly acquired property will be based on the principle "to each his own" (as in an ordinary civil marriage).
In general, when signing a marriage contractspouses can register their share in joint property, allocate specific property that will pass to everyone in the event of a divorce (for example, an apartment - a wife, a car with a garage - a husband), determine each person's contribution to both the overall budget and each other's income.
