Marrying, many people often do not think about the adverse legal consequences that would come in the case of divorce proceedings. This is especially true in the division of property. To protect themselves and their property during the divorce process will help advance the marriage contract drawn up.
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The marriage contract shall have the right to make people in marriage, or already living in marriage. Before the marriage agreement is null and void. Required written form of the contract and its notarization. The document includes the following provisions with regards to property relations:
the legal status of property: Joint / separate;
who will be the owner of the property, and after the divorce;
responsibilities for family expenses;
the duty to maintain in the event of disability of spouse;
distribution of income and other items are not contrary to law.
2
Change this contract spouses can mutually at any time by a notary. Upon divorce, the agreement between the spouses cease to have effect. Obligations arising therefrom, the implementation of which begins after the divorce procedure, remain in force.
Acquired before the marriage the property is personal property of each spouse. When the divorce procedure, it does not appear to object section. Donated and inherited wealth, including the period of marriage is also considered personal property. In the case of confirmation of the gifts is to have a contract of donation. This rule does not apply to jewelry. They will be jointly owned, if the ability to save them in one of the spouses is not provided in the marriage agreement.
4
Well-position paid in the period of married life is considered to be a joint owner of her husband with his wife. It is subject to an equal partition. The marriage agreement allows you to change the legal status of the overall joint ownership of the marital pair and allocate separate property. So, in the case of real estate available or purchased in the future, in the contract you determine whose property will remain after the divorce. However, if in the case of a divorce on a marriage agreement, the only housing of spouses becomes the property to one of them, then the right to use the housing by another spouse should be enshrined. So the law protects citizens from an unfavorable situation. If your apartment is privatized during the period of marital life, then by law it will be considered joint, provided that both spouses are registered in it. A marriage treaty will help you to change the situation.
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The right to dispose of the existing or purchased property in the future, you can also provide for a marriage agreement. For example, establish its consent to real estate transactions. So you will protect yourself from the mercenary intentions of your spouse and remind your rights. In case you have taken a mortgage at housing, in a marriage agreement, it is nothered to register who from the marital couple makes payments, in whose property it will go and the procedure for payments for housing after the divorce procedure. If you or your spouse open a loan, the duties on repayment should also be prescribed in this contract. The same applies to contributions and interest on them.
The marriage contract enshrines the legal status of a married couple in relation to property and avoids additional difficulties in divorce. Trust or make a marriage contract to solve you.
The marriage contract - form on our website.
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