Marriage contract of spouses, conditions of conclusion and termination

telwoman | March 22, 2021 | home and family

Recently, the marriage contract between spouses has become very popular. In the article, we talk about its basic conditions, how to compose it. What are the pros and cons of this agreement, we will talk in the article.

What is a prenuptial agreement?

The document is a contract that regulates the rights and obligations of the spouses. This is very important for modern life with its dynamic pace and rapidly changing conditions.

There are couples who consider this document an overkill. In a passionate, romantic period, they have a feeling that it can somehow ruin the relationship, belittle feelings. Many do not agree to enter into such a contract.

However, property disputes are the root cause of most disputes. If you draw up a contract that regulates these issues, the relationship will only become stronger, possible claims simply will not appear.

Basic conditions
Division of ownership into shared, joint ownership.
There should be a clause on division of property in case of divorce.
All available property should be indicated, as well as what will be acquired jointly.
Separate ownership must be indicated.
It should be indicated which of the spouses will support the other, in which case, until what time.
The question of income, expenses, who earns, who, how spends family funds should be indicated.

Additional clauses may be added to the marriage contract. It must indicate the term of the contract, the responsibility of the partners for non-compliance with the terms of the contract, possible reasons for termination.

The conclusion of a marriage contract is necessary for the distribution of property, coordination of the actions of the spouses, the rights and obligations of partners are introduced.

Property types

Future ownership is often defined as shared ownership. Whoever contributed a lot to the acquisition of this or that thing, will subsequently be its owner. To whom the thing is registered will be the owner of the property, while all family members can use this thing.
When a property is purchased on credit, it is often defined as equity. It is strictly stipulated here who will be the owner of the property, who pays the principal according to the share.
Property acquired after marriage is often defined as joint property. Moreover, everyone has the right to dispose of, to use this property.

As a rule, a marriage contract is concluded for a period of 5 years, then it can be renewed again in accordance with the changed living conditions.

What conditions cannot be included in the marriage contract

It is forbidden to include in the contract a clause according to which all the property of the spouses goes into the possession of one person.
It is impossible to limit the legal capacity, legal capacity of the spouse.
There is no way to force a spouse to accept unfavorable conditions for himself
You cannot restrict a person’s right to go to court.
It is forbidden to enter into the contract obligations of a household, personal nature.
One of the spouses should not be prohibited from communicating with the children.

From the moment of divorce, the execution of the marriage contract takes place.

Minuses

Next, we will consider the pros and cons of such a contract between spouses. First, let’s talk about the cons:

You cannot prevent the infidelity of one of the spouses under such a contract.
Many couples are afraid to conclude a marriage contract. Lovers think he can significantly affect the course of the relationship for the worse.
Such a document implies a certain mood for divorce. You discuss in advance what will happen in case of separation. It is obvious that each of the partners strives to incur lesser losses, this does not always look noble.
But at the same time, no one can rule out the likelihood of a divorce, than experiencing tremendous stress, nerves from lawsuits, it is better to discuss property issues in the event of a divorce earlier.
For many couples, the conclusion of a marriage contract is simply unacceptable. People, by virtue of their mentality, consider it unacceptable to negotiate for previously monetary issues. They see in such action self-interest, malicious intent, and not a sign of open, trusting relationships, when each of the partners is ready to discuss and agree with the other about the intricacies of living together.
Such contact depends on the legislation. If the legislation changes, and the marriage contract is not amended, it will simply become invalid. There were cases when, over the years, the agreement lost its validity, the spouses had to divide the property in court.
The marriage contract is concluded with the help of a notary, any changes to the contract, as well as its termination, require notarization. Serious funds will be spent, the cost of these services is not cheap. Time will be wasted
If there is ambiguity in the contract, there may be disputes, lawsuits. As a result, the marriage contract may be invalidated. To draw up a competent, legally reliable contract, you need to spend a considerable amount on competent specialists.
When concluding a marriage contract, manipulations and deception are possible. One of the spouses may be under great pressure, especially if the marriage was contracted under unequal financial conditions.
The process will not necessarily be transparent. Perhaps one of the partners will have to follow the lead of the other.
The prenuptial agreement only defines the issues of property He does not regulate aspects of his personal life. It is impossible to determine with the help of the marriage contract how often the husband should give flowers to his wife, how the wife should look, etc. The document has a strictly defined focus. If it contains prohibited provisions that are not provided for by law, it will be considered invalid.
Over time, you will have to supplement the contract, waste time and money. Life is dynamic. Even the most detailed document cannot cover all aspects. Therefore, from time to time it requires updating, adding new items.

Pros

Despite the presence of the minuses that we wrote about above, there are pluses.

A prenuptial agreement can be drawn up both in the marriage itself and before marriage.
You can avoid the stress of divorce. The marriage contract is concluded during a period of calm, trusting relationship. Spouses take into account each other’s interests, because marriage is a responsibility to each other. A marriage contract is an excellent alternative to an agreement on the division of property, which will inevitably have to be concluded after a divorce. Usually, after parting, the spouses are in a negative state, experience stress, excitement, and have selfish motives. While the marriage contract is drawn up by people who love each other.
Property rights in marriage, prior to marriage, are determined. You can immediately prescribe in the contract that all property acquired before marriage is personal, belongs to one of the spouses. This is very convenient, because in case of divorce, the second spouse will not be able to claim the personal property of the other.
In the marriage contract, you can register who gets the donated property. During divorce, disputes often arise about the fate of gifts. For a wedding, young people are often given expensive household items, cars, apartments. The marriage contract determines the owner of the donated things; in the event of a divorce, disputes and stress can be avoided.
Avoiding judicial division of property in case of divorce. The judicial division of property is a protracted, nervous process. Divorce itself is an ordeal. It not only means the loss of a loved one, it reveals various selfish motives, mutual enmity, possible hatred, irritation. Everyone strives to “pull the blanket over themselves.” Everyone wants to get the most out of a divorce. A marriage contract helps to avoid possible property disputes, heavy court decisions. He protects the rights of partners.
The document defines the obligations of the spouses to pay debts. The issue of loans is quite acute. Often, one of the spouses takes out a loan, and the second has to pay it back. To avoid uncomfortable, unacceptable situations, the marriage contract clearly defines who will cover the debts.
The prenuptial agreement clearly distributes expenses, income: how much of your income you should bring to the family, which you can determine for your own needs. The marriage contract clearly distributes the responsibilities of partners for payments, for paying for food, organizing children’s recreation, paying utility bills.
Your partner will not be able to hide part of his income from you, not pay the bills, waste money down the drain. Thus, control over earnings and payments is exercised.
In the event of a disability, the contract protects the disabled spouse. It identifies situations when one of the spouses is supporting the other. This is the principle of fair partnership, a guarantee of security, confidence in the future, even in rapidly changing circumstances.
The relationship between the spouses is reliably regulated, the distribution of rights and responsibilities takes place. The marriage acquires greater security for each of the partners.

A marriage contract is a relatively new concept for Russian realities. Many couples hesitate to carry out this maneuver. Some believe that the marriage contract can worsen, cool the relationship.

A significant disadvantage of such an agreement is the premature disposition to divorce, because the document certainly determines the status of the property in case of divorce. The conclusion of this contract, as it were, shows that the partners are not sure that they will live together all their lives.

On the other hand, a prenuptial agreement prevents a lot of negative moments that inevitably arise in the event of a divorce. It regulates the property, rights, duties of the spouses. With the help of such a contract, you can avoid significant stress, nervousness during divorce, litigation.