In what situations is a marriage contract concluded?
Preparing for marriage, many newlyweds consciously choose an additional option for settling their property relations. A marriage contract allows you to better define the obligations and rights of the parties in case of different situations.
A prenuptial agreement may be typical, but may be individually drawn up at the request of a married couple. It regulates situations for cases:
Divorce of a couple;
The maintenance of the second of the pair in case of deterioration in health or financial situation;
Determination of the common joint and separate property of the spouses;
Determining the property rights of spouses' children, etc.
If you need to draw up an individual marriage contract, we recommend using the legal services "Consultant" to order a document, taking into account your wishes!
Marriage contract: what should be fixed?
In most cases, newlyweds or spouses fix the legal regime of property. For example, you can fix:
Who owns the jointly acquired apartment or other immovable or movable property?
What property after a divorce will not be distributed between the spouses, but will belong to only one of the parties?
In a divorce, will a separate list of property belong to one person who will have to pay 50% of the value of such property to another from the marriage?
Also acute is the issue of the regulation of the rights of the child by such an agreement. The most important thing to remember is that the rights of the child cannot be reduced by a marriage contract, which is what is fixed by law. For example, you can write a clause according to which, upon reaching the age of majority of the child, one of the spouses, or both, will transfer certain property, material values, etc. to the ownership of the child.
A prenuptial agreement cannot be changed unilaterally, and any decisions to amend or terminate such an agreement are made jointly.
The procedure for concluding a marriage contract
The conclusion of a marriage contract is possible when one of two conditions occurs:
The couple filed an application for marriage registration.
After drawing up and signing the contract within a month from the date of filing the application, the marriage contract enters into force from the moment the marriage is registered.
The couple signs a prenuptial agreement after the registration of the marriage.
The contract is concluded in writing in triplicate and notarized. Before certifying the contract, the notary must explain to the parties to the agreement their rights and obligations, as well as the main provisions of this contract.
After signing, notarization and clarification of the rights of the parties, the married couple receives one copy of such an agreement, and one more copy remains with the notary.
If you need to analyze a marriage contract or create an individual contract, we offer you to use the convenient service of legal services Consultant. Our lawyers have convincing experience and will be able to perform their work qualitatively. At the same time, we offer to use the services of our partner notaries in order to speed up the process of concluding an agreement and certifying it.
Prenuptial agreement template to fill out
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Download the mobile application "Consultant";
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