Over the past decade, serious debate has erupted over the drafting of a marriage contract. Some argue that this is a panacea for possible showdowns in the event of a divorce, which in any case allows you to maintain friendly relations. Others are convinced that the design of a marriage contract before the wedding is contrary to the basic principles of marriage, which should be concluded for love, and not with 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 shortly after it.
What is this document? A prenuptial agreement is a contract governing the distribution of existing joint property after a divorce. He cannot regulate the personal rights and obligations of spouses, for example, regulate the daily routine or, as some jokers like to tell, the duration of sexual intercourse.
The fact is that failure to comply with such conditions is difficult to prove, and even more difficult to enforce. Also, he cannot limit spouses to legal capacity, that is, it is impossible, for example, to include in it a clause that in the event of a divorce, a wife cannot sue her husband, protecting her rights. Registration of a marriage contract does not provide for the division of premarital property or gift resulting. You can terminate it at any time, but only by agreement of both parties.
Who benefits from a marriage contract? First of all, to one of the spouses entering into the so-called unequal marriage. Simply put, when a husband or wife is significantly richer than his half: he has a higher income and considers his contribution to the overall budget more significant. The most common option is a husband-businessman and wife-housewife. However, there are 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 spouse to real estate significantly exceeds the contribution of the other. For example, due to premarital savings or inheritance. An apartment obtained after the death of 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 it and expand the living space (for example, buy a house) with the proceeds, with a small surcharge or without any surcharges, then this property will be considered jointly acquired even if the other party invested 3 rubles in it. In this case, the marriage contract will come to the rescue, in which you can indicate that in the event of a divorce, housing will go only to the party that invested in it or will be divided in any shares (at least 1/20 and 19/20). Otherwise, during a divorce, everything will be divided in half.
How is the marriage contract formalized? Interested parties turn to a lawyer who helps them draw up a contract. You can make out not only available at the time of signing, but also future property, for example, indicate in what shares it will be divided during a divorce. The contract is executed in the presence of a notary, and it takes effect only from the moment of registration. If the couple signed a marriage contract, but did not sign the registry office, and after some time the young decided to run away, the division of the jointly acquired property will take place on the principle of “to each his own ” (as in a common civil marriage).
In general, when signing a marriage contract, spouses can fix their share in the joint property, allocate specific property that will be transferred to everyone in case of a divorce (for example, an apartment - to his wife, a car with a garage - to her husband), to determine the contribution of each in the general budget, and in each other’s incomes.