In the last decade ignite serious debate on the drafting of the marriage contract.Some argue that this is a panacea for the possible showdown in the event of divorce, which allows in any case to maintain friendly relations.Others are convinced that the design of the marriage contract before marriage is contrary to the basic principles of marriage, which should be out of love, but not with cold calculation.Whatever it was, more often married couples in our country signed the treaty on the eve of registration or soon after it.
What is this document?The marriage contract - a contract regulating the distribution of the existing joint property after divorce.He can not regulate personal rights and duties of the spouses, for example, regulate the order of the day, or as some wags like to tell the duration of sexual intercourse.
fact that the failure of such conditions is rather difficult to prove and even more difficult to enforce mandatory for execution.He also can not restrict the spouses in capacity, that is impossible, for example, to include a clause stating that in case of divorce, the wife can not apply for her husband to court to protect their rights.Making a marriage contract does not provide for a section of pre-marital property or the resulting donation.Terminate it at any time, but only with the consent of both parties.
Who benefits from registration of the marriage contract?First of all - one of the spouses is entering the so-called unequal marriage.Simply put, when a husband or wife is considerably richer than its halves: a higher income and considers its contribution to the total budget of more significant.The most common option - a husband, a businessman and a housewife.However, there are men and the medium well, offering to enter into a marriage contract for fear of self-interest on the part of their wives.It happens that at equal revenue contribution of one of the spouses in the property greatly exceeds the contribution of the other.For example, due to premarital savings or inheritance received.Apartment obtained after the death of his parents, will be deemed the property of only the spouse who is the heir, and will not be joint property.But if you decide to sell it and use the money to expand the living space (for example, to buy a house) with a small surcharge or no extra cost, then the property will be considered jointly acquired, even if the other side has invested 3 rubles.In this case, comes to help design a marriage contract in which you can specify that in the event of divorce, housing will get only the party that has invested money in it, or will be divided in any proportions (at least 1/20 and 19/20).Otherwise everything in the divorce will be divided in half.
How is the registration of the marriage contract?Interested parties are turning to a lawyer who helps them reach an agreement.Dispose can not only available at the time of signing, but also the future of the property, for example, indicate which parts it will be divided in a divorce.Execution of the contract takes place in the presence of a notary, but because it comes only from the date of registration.If the couple signed the marriage contract, and sign the registry office and did not, and after a while decided to disperse the young, division of joint property will be on the principle of "to each his own" (as in a normal civil marriage).
In general, at the signing of the marriage contract, spouses may register their interest in the joint property, to allocate a particular property, which will go to everyone in the event of divorce (eg flat - his wife, the car to the garage - the husband), to determine the contribution of each in the general budgetand the income of each other.
