Pros and cons of the marriage contract – is it worth entering the marriage contract in Russia?

Is it worth entering the marriage contract in Russia? Read on Lady-Magazine.COM pros and cons of the marriage contract. Find out the essence of the marriage contract in Russia and the procedure for concluding a marriage contract

Family Code of the Russian Federation, legislation and judicial precedents do not use the expression «Marriage contract», And apply expression «marriage contract». But the people are common is the expression «Marriage contract».

See also: Civil marriage or official – what is better for a woman?

What he represents who he is beneficial and why it is generally composed?

The essence of the marriage contract – how family law defines the marriage contract?

Marriage contract – this is an agreement on a voluntary basis with a married couple, compiled in writing and certified by the notary. It is enhanced after official marriage.

A clear concept and the essence of the marriage contract itself is described in Chapter 8 of the Family Code of the Russian Federation in Articles 40 – 46.

Marriage contract clearly fixes Property powers of spouses. And it is possible to conclude it, both after the design of the marriage alliance and before. In contrast to the procedure for disbanding the property between a married couple, thanks to the marriage contract, a married couple can establish their Rights to shared owned property.

Simply put, in the marriage contract, a married couple may predetermine all its available property and property that they plan to gain in the future, or individual types of property, as well as property before the marriage of each family couple, as a joint, separate or share ownership. The marriage contract allows you to touch on questions, both already acquired property and the totality of things that spouses are going to nationalize in the future.

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The marriage contract makes it possible to stort and formulate such questions on paper as:

• Distribution of family spending.
• Mutual content: What rights and obligations have each of the married couple.
• Determine the property with which each of the married couple will remain in the event of a breakdown of the marriage union.
• Options for the involvement of each of the marriage couple in the profitable field of the family.
• Include any of your suggestions that affect the property side of the spouses.

Defined by marriage contract Obligations and rights should be limited to designated time segments or conditions, The onset of which is indicated in the preparation of a marriage contract.

In a marriage contract should not contain requirements that discriminate right- and the capacity of any of the spouses or will put one of them in a very unfavorable position. And it should not be the conditions contrary to the main principles of family legislation (marriage voluntariness, marriage registration in the registry office, unitouch).

The marriage contract regulates only property issues married couple and does not affect their other rights concerning the rights to appeal to courts, non-property relations between the married couple, as well as the obligations of spouses regarding their children and T.D.

Marriage contract – pros and cons

Marriage contract is not a popular phenomenon in Russia, but has both pluses and cons.

Here are a few reasons why Russians do not constitute marriage contracts:

• For greater mass of people It is considered to be a meaning to discuss the material side of the marriage union. The marriage contract for many Russians is considered a manifestation of koresti, greed and evil intent. Although, in fact, the marriage contract indicates an honest relationship between spouses.
• Brackets do not have such high income for registration of a marriage contract, simply for them it is not relevant.
• Marriage contract for many causes an association with a broken-produced process, Section of property. Each of the lovers thinks that their marriage is the first and the last, that the divorce will never touch them, so it makes no sense to spend time, strength and financial assets for the conclusion of a marriage contract.
• All conditions in the marriage contract must be clear and understandable, otherwise the blurred wording will be able to dispute him in legal mode, and the contract will be recognized as unlawful. To avoid subsequent trials, it is necessary that the marriage contract makes a competent lawyer (lawyer) – that in itself is not suiced.

The advantages of the marriage contract include the following:

• Each of their spouses clearly understands, What will he stay after the divorce, T.E. There is a clear orderliness in tangible relations in a married couple.
• Each of the spouses has the ability to leave the prerogative to manage property, htorated before marriage, after a divorce. It concerns, mostly those who already have a personal property, a profitable business and T.D. and, linking himself by the Uzami Gimenta, in the case of a divorce, not to share it with the former / spouse / ohm.
• Spouse or spouse can convey their property, accompanied before marriage, wife or husband, while Corresponding to the contract causes and situations when this decision comes into force. For example, determine in advance that «In the case of a divorce, a three-room apartment will belong to the spouse with whom a common child will live» or «When divorced the car will get a spouse».
• The ability to preserve property, if there are claims concerning debt One of the spouses.

In which cases it is necessary to conclude a marriage contract in Russia?

Marriage contract in Russia on statistics conclude only 4-7% of the inhabitants of the country entering the marriage. And the dominant persons are those who are not the first time binds themselves with marriage bings. For comparison, in the countries of the European Union, the conclusion of a marriage contract is a traditional phenomenon, and it is issued 70% of the marriage.

Marriage contract It is advantageous to conclude people, far from poor. As well as the topics, Who comes into unequal property marriage, T.E. someone who before marriage had enough material state.

It will also be important for:

• Private entrepreneurs and major owners, do not want to lose part of their property when divorced.
• Spouses with a decent difference in age, And if one of them has a substantial material base and the presence of children from previous marriages.

The conclusion of a marriage contract – the case is not cheap, and is not calculated on the mass consumer. The marriage contract is beneficial only to wealthy people, and for those married couples, whose financial situation was the same to marriage, the regime is suitable, which is established by law – without a marriage contract. If such a marriage breaks up, then after divorce, the property will be divided together.

Is it worth entering the marriage contract or not – you decide. But, do not forget that he regulates purely Property relations – both after the collapse of the family and in the marriage union. And its design is not at all the first stage to the divorce, but The first step towards the modern solving of property problems between spouses.