How to make a marriage contract

Undoubtedly, when people lovers get married, in their thoughts only happy and long lived life. However, the percentage of termination of marriages is so great that it will be worth thinking about the preparation of a marriage contract. It is when the divorce will help to avoid volokate with the section of the property, will exclude scandals and legal proceedings. All those who have planned the wedding, this article on how to make a marriage treaty will be useful or established families.

We will not deepen into the ethical side of the question and understand what is a marriage contract - distrust of a partner or a practical adaptation to market realities. Everyone will decide for themselves. Nevertheless, the marriage agreement is a written document, one can say the "deal", which is concluded among themselves the spouses or people planning the wedding, in addition, it has a legal entity. Namely - the action of such a contract is regulated art. 40 RF IC, and the phenomenon of "contract" is found on pages Civil Code (chapter 27). The purpose of the contract is to eliminate the material losses by both parties. This legal phenomenon appeared in 1996, after the entry into force of the new Family Code.

We will deal with the types of marriage contracts for further compilation. They are:

Between spouses consisting at the time of signing in legal marriage.
Between persons gathering to register marriage.
Designed for the separation of property, it is married.
Inappropriate when all assets belong to one spouse.
Designed for people initially planning a fictitious marriage.

In the first paragraph, the Contract begins to act since its notarial assurance, and in the second one from the date of marriage. The deadlines for state registration of relations in the marriage agreement are not established. However, up to this point it will not have legal force.

Default according to art. 256 GK of Russia Spouses in marriage have equivalent rights to all the property acquired in the legitimate union and only on the basis of a marriage contract it is possible to determine the regime of the property of the family in a different way. This applies to the regulation of the rights of the property nature not only in the broken-water process, but also property relations with joint residence. For example, consolidate the duties of a husband or wife for paying utilities or learning children in educational institutions. It is important to understand that this kind of contracts regulate only the property side of the issue and do not apply to other relations between spouses, and the more impossible to determine the position of children when divorced on its basis. All these are myths who have moved to our life from films.

There are also restrictions on the preparation of wedding contracts. Its subjects cannot be incapable in full, people and those who are recognized as incapable in court. However, there are two possibilities to bypass these obstacles. First, minors after 16 years can be recognized as capable if they work on the basis of an employment contract or entrepreneurial activities to resolve parents ( art. 27 gk). Secondly, if citizens who have not reached the 18th anniversary of law on legal basis marry, from that moment they are considered fully capable and have the right to act in the subjects of the marriage contract. Reduce the marriage age by applying through the site State services.

Application form for a decline in marriage here.

Sample of the filled statement for the decline in marriage here.

According to Art. 41 SC. The form of a marriage contract is determined - only written and certified notarized. Otherwise, he recognizes insignificant. At the time of its conclusion, the subjects of the marriage agreement must be present in person, it is impossible to conclusion through representatives. To compile such a contract, contact a lawyer to develop its sample. The document will include property wishes, responsibilities for marital content, options for which the contract is possible, and other similar items. By the way, in the agreement, you can register a validity period for each part. Next, with a compiled agreement, refer to the notarial office to assign and obtain one of the three instances. The latter remains in the archive of the notary. All that is not taken into account in the contract is determined by the current legislation. It is possible to make changes to the existing agreement, but only in a notarial manner.

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If you decide to draw up a marriage contract, first of all - do the search for a competent and qualified lawyer. After all, an experienced lawyer will not be much difficulty recognizing the contract invalid if errors will be made in its text or with the preparation procedure itself.