Life does not stand still, suddenly everything can turn upside down, before the habitual way of life ceases to be so perfect, beloved wife becomes "in the grass snake" and a faithful spouse - a traitor, and that, at best,.When a conflict is brewing in the family, very much depends on the ability to give each other in difficult situations, especially in the case of the division of property or custody of the child organization.
certificate of the marriage contract before the marriage or in the initial stages, when the family is peace and love, can make life easier for spouses during a divorce.As if all the major property issues resolved marriage contract during the marriage, the court sides can not even overlap.
certificate and termination of the marriage contract is regulated by the family and the Civil Code, and its design is governed by the internal instruction of a notary.
In accordance with the law a marriage contract - one of the types of documents that are subject to mandatory conclusion, modification or termination of the private notary or the notary's office.Notary marriage contract is between both spouses have already taken place, that some time living together, and between young people, only intending to marry.If the contract is concluded by persons planning to tie the marriage, the moment of entry into force will be the date of marriage.
What can be provided in the marriage contract?
marriage contract allows you to depart from the common property and distribute the property in a different way than specified by the Family Code.
It is possible to define:
- consolidation of one of the spouses is already existing property (for example, the apartment will be the exclusive property of spouses);
- consolidation of the assets of one spouse, which can be purchased in the future (for example, apartment under construction will become the property of the spouse);
- transfer of rights to existing property from one spouse to the second;
- non-property relations: child support, payment of training the child's residence, the content of the spouses;order of family income and expenditure, and more.
- termination of the marriage contract and its terms.
documents needed to certify the contract:
- marriage certificate (original);
- documents on the property in respect of which certify the contract.
Dissolution of a marriage contract, or a change occurs by mutual agreement, it concluded.Such an agreement would have to be made in writing and notarized.In unilaterally withdraw from the norms of the marriage contract is prohibited.
but not always after a certain time of life together both sides in awe of them signed the document, however, the desired consensus, they can not come, then they direct road to the courts.
If the termination of the marriage contract is happening in court, it is carried out by the general rules of the Civil Code.
So, if one of the spouses has addressed, the contract may be terminated or changed in the presence of the following grounds:
- If essentially violated the norms of the concluded contract.Violation is considered essential if the other party has suffered extensive damage due to the fault of the first, causing the lost of the property, which is calculated on the contract.
- If the circumstances have changed significantly, which were to sign the agreement.These recognized the circumstances under which the contract of anticipation could not be signed at all or not concluded on other terms.
- Other cases.