In 2011, the number of Russians who entered into a marriage contract doubled . Basically, an increase in interest in the contract is associated with an increase in marriages between Russian brides and “foreign” grooms. Nevertheless, this mark is significantly lower than the European one. But the trend has been outlined, it is time to drop prejudices and get acquainted with the content of the marriage contract, since all over the world this form of the contract is recognized as civilized. After all, this is more indicative of a sound approach, rather than indecent.
The prenuptial agreement may be drawn up thanks to the Family Code: the 40th article of the 8th chapter states that spouses have the right to agree on which property which of them belongs to will be married and if it is dissolved. Thus, the husband and wife can go beyond the statutory rules regarding the joint ownership of property, as well as sharing it in equal shares in the event of a divorce. The agreement allows you to clearly state to whom what will belong (jewelry, fur coats, deposits, deposits, cars, real estate, furniture).
This legal document will allow you to avoid many troubles and, if necessary, to leave without unnecessary claims to each other and protracted litigation. It also provides an opportunity to demonstrate the seriousness of their relationship, for example, if the spouses unite all their property before the wedding, in order to consider it common in marriage.
For the contract to enter into force, it must be certified by a notary public, for this it will be necessary to pay a state fee.
The preparation of a marriage contract can be entrusted to a qualified lawyer or to the same notary. The specialist will take into account the norms of the Family Code (article 42 on the content of the contract), draw up a competent text with clear wording and without ambiguous meanings. That is how spouses can avoid various interpretations of the contents of the contract and protect their property rights from claims of each other in the event of a breakdown in relations.
You can make a marriage contract by yourself . An example of its compilation is available in legal literature, and on the Internet, and in periodicals. Although not every sample that comes across the network corresponds to the “letter of the law”. There are some subtleties. For example, all figures in the contract should be written in letters, and abbreviations are prohibited in the data on spouses.
And most importantly, the preparation of a marriage contract is a measure aimed at the distribution of property rights only. Claims of spouses to each other, limiting their freedom of action, are not allowed in a legal document. However, it is possible to establish rules in the contract under which certain behavior of one of the spouses entails the onset of property rights of the other. For example, the “unworthy” spouse is obliged to compensate for his behavior (it is possible and necessary to clarify which one) financially to the spouse (or vice versa).
However, this rule does not apply to obligations to raise children, but only in relation to the costs of their maintenance.
Drawing up a prenuptial agreement is not such a difficult task, especially if future spouses are ready to discuss all the points. It is only necessary to adhere to the main points, although you can make your own. A common example of a prenuptial agreement drawn up on the basis of an article in the Family Code on the content of the contract reflects a system for sharing property and has the following sections:
- property regime,
- rights and obligations,
- incurring expenses
- responsibility for failure to fulfill the obligations undertaken.
Possible option and shared ownership (parts). There are also contracts based on a separate ownership regime. Although this option is rare even in the United States, where a prenuptial agreement has long been commonplace. In the case of shared and separate ownership of property, the contract will contain an additional clause: features of the regime.
And the last important point: the preparation of a marriage contract is allowed by Russian law even after marriage (if only after divorce).