Writing and registration of marriage contract
A marriage contract is an agreement concluded by spouses or brides. Its purpose is to regulate everyone's property rights in the event of a divorce. The contracting procedure was introduced more than 20 years ago. But due to peculiarities of the mentality and incorrect interpretation of the principles of the agreement, it was not popular. The reason for this was the confidence of the bride and groom that the conclusion of a marriage contract is an act of distrust. But in fact, the document is a logical and expedient decision before marriage. It helps predict all the nuances and obligations of spouses in the event of termination of family relations.
Who and when should conclude a marriage contract in Ukraine
It should be understood that the marriage contract is concluded to prevent possible events. And available wealth does not matter. The amount of capital can change at any time. That is, a marriage contract is needed both by wealthy bridegrooms and those who do not have particularly large funds or property at the time of marriage.
Contrary to common myth, a contract is not a sign of mercantilism or a desire to profit from a divorce. On the contrary, it helps to nullify all possible disputes about property and show that the marriage is concluded without unnecessary calculations.
It is expedient to conclude a marriage contract in Ukraine for everyone. After all, no one can predict the twists and turns of fate. The document is especially useful for those who own a business, wealth or valuable property.
The legal side of the issue
A marriage contract can be concluded both before marriage and during marriage. The agreement can be concluded immediately after submitting an application to the State Register of Statistics, or even after 30 years of married life. The only exception is civil marriage. That is, couples who actually live together and run a joint household, but at the same time have not registered their relationship with the civil registry office, cannot conclude a contract.
Even underage brides between the ages of 14 and 18 can enter into a contract. Provided that they have permission to marry, or are emancipated persons who have acquired official independence through a court.
Conditions for conclusion of the contract are as follows:
● full legal capacity;
● marriage age;
● personal presence.
Help! Partially competent persons can enter into a marriage contract under the condition of notarized permission from parents or guardians.
The document can also be drawn up with a citizen of another country. But it is important to understand on which territory it is formed, and based on this to prescribe conditions. For example, if the document states that children born in marriage must practice a separate religion, such a condition will not be valid on the territory of Ukraine.
How is a marriage contract concluded, how long is it valid and can it be terminated
The procedure for concluding a marriage contract involves personal visits by a notary public. It can be a public or private specialist. Before starting the procedure, you should determine the most significant conditions for yourself and consult with a lawyer. As a rule, the notary offers a standard template option, which may not meet the individual needs of the spouses. Therefore, it is worth applying to companies that provide comprehensive services.
All financial and property issues can be included in the terms of the marriage contract. But there are certain limitations. You can't use a document:
● oblige spouses to be faithful, love, respect or in any way regulate mutual relations;
● prohibit to work, hold a certain position, or otherwise limit legal capacity and legal capacity;
● regulate the relationship with the child.
It is also forbidden to suppress rights. For example, to indicate that after a divorce, all property goes to one of the spouses, and the other is left with nothing.
The document is made in three copies. The term of validity of the marriage contract is unlimited, unless otherwise specified. But it can be terminated or changed with the consent of the partners.
The first step: negotiations
The most difficult step in concluding, changing or terminating a marriage contract is negotiating with a partner. Before concluding a marriage contract, psychologists recommend first finding out the relationship of the partner to the document as a whole, and then calmly explaining the advantages. It is impossible to conclude, change or terminate the agreement without the consent of the other party.
Property Rights Check
Specialists advise on the conclusion the marriage contract, contact companies that provide comprehensive services. Unlike a regular notary, they provide assistance at all stages.
As a rule, experienced specialists help to negotiate with the partner and discuss all the details of the agreement. Equally important is the property rights verification service. The lawyer examines the veracity of all documents, including those that confirm ownership of the property.
Advantages of concluding a marriage contract:
● no property disputes;
● the possibility to adjust the provisions for your own convenience (within the limits of the legislation);
● saving money for divorce proceedings.
What does the cost of concluding a marriage contract depend on
The price of a marriage contract is the sum of the cost of the work of various specialists. Experienced lawyers, a notary, and a clerk work for you. And many more specialists who provide an individual approach to your problem and full legal compliance of the document. Therefore, turning to the company for a comprehensive service is always profitable and expedient. This is how you can prevent the costs of legal proceedings in the future.
Advantages of a comprehensive service:
● understandable and justified price;
● absolute legal compliance of the document;
● saving time for checking and processing documents;
● preventing errors;
● support at all stages of the agreement;
● consultative support around the clock.