Table of contents:
- Where Dreams May Come?
- By law or "by concept"?
- This is not love?
- Do you have the right to be happy?
- How to conclude an agreement and who can do it?
- And if there is a war?
What is a marriage contract and should you be afraid to conclude it? Lawyer Alexander Selyutin tells about this.
Where Dreams May Come?
You go to school, live with your parents, hang out with friends and dream that one day you will fall in love and get married. As usual, what you dream about tends to come true. And now you are marrying a wonderful person and living happily with him all your life. This is what every woman wants. Unfortunately, in life everything is more prosaic and depends not only on feelings. How to build a relationship from a legal point of view in such a way as to carry happiness and love throughout your life?
By law or "by concept"?
In the Russian Federation, relations that develop between spouses are governed by the norms of family law, which are contained in the family code. It is written here about everything: and who are spouses, is there such a thing as a civil marriage, what spouses can claim and how decisions are made on various issues, including the choice of a first and last name for a child. From here you can find out who the relatives are and what rights grandparents have, how to pay alimony, who will be responsible for debts in the event of a divorce, and much more. There are provisions here about who owns the property acquired during marriage, and how to divide it. After reading the provisions of the Family Code, you can conclude whether you want to legalize your relationship or whether it is better to live a little with your loved one without a stamp in your passport. If you are determined to get married, then it is worth clarifying for yourself which of the modes of property in marriage should be chosen.
This is not love?
There are only two types of property regime of spouses with some variations: either you leave everything as established by law (everything in half) and, in case of division, leave the situation to the discretion of the court and the skill of lawyers, or you negotiate a separate property regime and conclude a marriage contract.
This is where your mental rush begins, which are also of two types.
1. You wring your hands and shout: “I'm not like that! I don't need anything at all. I just love and that's it! I don't care about property! " Etc.
2. You think: “I may and want to conclude an agreement, but, oh my God, how can I tell him? After all, he will think that I do not love him!"
Do you recognize yourself? Then you belong to that good half of Russian women who think that a marriage contract is a universal evil and kills love. In the West, such an agreement has long become commonplace. There, it is believed that the relationship should be regulated by law, since it is calmer for both spouses, and the future is insured against the negative consequences of a break in relations.
Do you have the right to be happy?
According to the other half of Russian women, a prenuptial agreement is still needed. And, as regards, this is the opinion of not only those women who are usually called "ruble wives", but also those who do not live in this prestigious direction. After all, a marriage contract, or a contract, is an agreement on how to be spouses, if it suddenly happens that the relationship deteriorates or ends. And this contract is concluded when people have good relations and they think carefully and judiciously. The marriage contract allows the distribution of property between the spouses in case of divorce, and to do this in such a way that the fate of the objects as a whole will be determined, and not as specified in the law, that is, ½ each. After all, there is no sense in such a division of property, since it is still not possible to fully use it.
The advantages of a marriage contract are that debts that have arisen through the fault of one of the spouses cannot be collected from the other side if the marriage contract provides for a separate regime of property. This, by the way, is a good reason for concluding a contract.
Other controversial situations can also be settled by a marriage contract. For example, parents bought an apartment in the name of one of the spouses. In general, the apartment is considered their joint property. If you conclude a marriage contract, then you can stipulate who exactly will own the property. Thus, when selling an apartment, you do not have to ask the permission of the other spouse. Here's one more plus sign in the piggy bank of happiness.
How to conclude an agreement and who can do it?
A marriage contract can be concluded both before marriage, and after its conclusion. This is done by a notary. Contracts, if the property is not very large, are usually standard. They list the property that the spouses or future spouses already have, determine its regime, as well as the regime of the property that will be acquired in the future. If there is a lot of property, then it is better to seek help from a lawyer who will help to draw up a marriage contract in such a way that it meets the interests of the principal and the law.
And if there is a war?
Unfortunately, life doesn't always look like a fairy tale. Sometimes even seemingly ideal couples break up. And parting is not always friendly.
If you decide to leave, you do not have a prenuptial agreement, and it is no longer possible to agree in an amicable way, you will have to divide the property in court. This is a long and arduous process. On average, the division of property takes about a year and a half. Sometimes more, sometimes less - it all depends on the specific circumstances. By the way, finding a good family lawyer will not be easy for you either, and not cheap either.
What will happen if a marriage contract is concluded? Of course, it happens that one of the parties files a claim to invalidate the contract. But this is quite difficult to do. So, the property remains with you, and, most importantly, in the form of well-defined and tangible objects.
How to build your life and your relationship, you decide. The marriage contract is designed to make things easier, not hurt your relationship. He can help you and your loved one find harmony and confidence in the future. That is why you should not be afraid: legal formalities are not at all a hindrance to your sincere and mutual love.