marriage contract: legal advice.
Now we will touch on, in a very personal human relationships - a family relationship.Family law - is one of the most difficult sectors of the Russian legislation, due to the fact that affects the most vulnerable personal feelings, from love (marriage) to the personal tragedies (divorce and children's rights).In this article I will not touch on the complexities of family law, but take my word for such dramas and tragedies in dealing with conflict situations in this section of the legislation must not in any legal industry.Some situations in practice, we will consider you in future articles.And now - the marriage contract.
Marriage, according to the Family Code of the Russian Federation, takes place only by mutual and voluntary consent of both spouses.The adoption of applications for marriage and marriage itself is only possible with the personal participation of both future spouses (ie, the absence of any of them is not possible, which would not be objective reasons).The marriage contract is required to enter into force only after the marriage, and no civil marriages or wedding does not fall under the letter of the law, ie,It makes it possible at any time, but it will come into force only after the record of marriage in the registry office.True marriage contract can be formed already during the marriage.
marriage contract shall be in writing and must be recorded by a notary.In it usually spelled property rights and responsibilities of spouses in marriage, as well as in case of divorce.The marriage contract is very complex document and, therefore, often the spouse seek legal help in preparing it to lawyers.The Bar Association of the City of Moscow "Title" will always help in solving the most difficult situations, while maintaining complete confidentiality of the client.
So what can and can not prescribe in the marriage contract?The contract can not be spelled out what would be the restriction of the rights and responsibilities of spouses with regard to children;You can not restrict the rights of spouses to his defense in court and generally can not be put in one of the spouses obviously an extremely unfavorable position, or violate articles of family law.
Spouses can define in the marriage contract of his property relations is not only in the property that is available, but also on the property, which is planned to get married.Just in the marriage contract can be assigned, and the rights and responsibilities by mutual content (as in marriage and after the divorce);You can specify the part of income of each spouse.
And still the marriage contract - this is not a complete solution or insurance in case of divorce.And if a disaster to strike and your family ship had sprung a leak, so much so that there were huge problems with the division of property, and even worse for children, you just need a competent lawyer to help legal right to make a claim and protect your interests in court.Do not be afraid and remember that only the court will decide what you will depart, and that the other spouse, because of the decision depends not only your happiness, but the happiness of your children.
Well, actually, just happiness to you.
