In the family law of Russia, a relatively new institution has appeared - this is a marriage contract. In other countries, it is widespread and is not considered something special. Before concluding, you need to carefully study the conditions of the marriage contract and the nuances of conducting this process.
The concept of a marriage contract
The marriage contract is drawn up before the official registration of marriage or after it. In the first situation, the contract begins to operate only after the registration of the marriage, and in the second - with its execution by a notary. The conclusion of the contract is possible only with the consent of both spouses.
Such an agreement is allowed to determine the following points:
- Property that will be in the sole or common ownership of the parties.
- Rights and obligations for mutual content.
- Ways to share income.
- The procedure for the distribution of expenses for the maintenance of the family.
The duration of the marriage contract is not limited by anything. It exists until the dissolution of the marriage, until the death of the spouse, or until the moment when one party refuses to comply with the conditions. In the latter situation, the issue is resolved in court.
Essential terms of the marriage contract
The essential terms of the contract are those conditions without which it cannot be concluded. It should contain information about the subjects, the subject, the content itself and the form of the agreement.
Subjects
The parties to the marriage contract include those persons who have officially entered into marriage or are preparing to legalize their relationship. A family can only be created by a woman with a man by mutual consent.
Marriage cannot be registered between:
- citizens, if one of them is already a family person;
- adoptive parents and adopted children;
- persons, if one of them is recognized as incompetent;
- next of kin.
In the marriage contract, you must specify the data of the parties: full name and, if desired, date of birth, place of residence, passport data, telephone number.
The essential conditions of the marriage contract include its content, which is the property legal relations of the subjects. Spouses have the right to use the opportunity:
- change the mode of your property;
- establish a regime of common, shared or separate ownership of the entire property mass as a whole or in part thereof;
- allocate family expenses;
- determine responsibilities for mutual content;
- state who and what kind of property will get during the divorce;
- other provisions.
It is worth emphasizing that the contract may contain conditions on the property that exists now and acquired in the future.
The rights and obligations described in the contract may be limited in time or directly depend on the occurrence of specific situations.
At the conclusion of some, the question arises, what conditions should not contain a marriage contract. Among them can be listed:
- any restriction in the legal and legal capacity of the spouse;
- regulation of various personal non-property relations of the parties (for example, the choice of employment, religion, etc.);
- infringement of the duties and rights of spouses regarding common children;
- refusal to support a spouse recognized as incapacitated.
In the marriage contract, only those relations that are exclusively property in nature can be indicated.
Non-property relations do not apply to the main conditions. For example, a spouse cannot be required to be faithful or not to drink alcohol. All this can be done on a voluntary basis, and not under the coercion of a contract.
The form
The conditions for concluding a marriage contract require a written form. The contract is considered valid only after its certification by a notary.
The parties to the transaction have the right to use the services of a public or private notary. He is obliged to explain all the legal consequences that occur after the execution of the contract. This should take place even when the spouses themselves have prepared a draft marriage contract. The document is read aloud in the presence of the parties and signed only in front of a notary.
When concluding a contract, you must have these documents:
- spouses' passports;
- marriage certificate;
- documents that confirm the ownership of specific types of property, etc.
The marriage contract is drawn up in 3 copies: one is given to each of the spouses, and the third will be kept in the notary's archive.
The contract takes effect after the registration of the marriage. If the parties decide not to legitimize the relationship, then the contract is considered invalid. If the agreement was formalized during marriage, then it becomes effective after signing by the parties.
Subject
The subject of the marriage contract is the property relations between the parties. The law does not establish a complete list of property that falls under the contract. Spouses determine it themselves. Usually it includes:
- assets held in bank accounts;
- securities;
- real estate;
- land allotments;
- vehicles;
- expenses arising from credit and other obligations, etc.
Also, the contract should indicate what kind of property is the subject of the contract: acquired during the marriage or before its conclusion.
Parties, form, object, content - these are the very conditions for the validity of a marriage contract. Failure to include one of them in the agreement means its further invalidity.
Change, termination and invalidation of the marriage contract
Unilateral refusal to fulfill obligations is not possible. Changes to the content of the contract can only be made with the consent of the other spouse. If he disagrees, you can file a lawsuit. The circumstances for this must be compelling. Changes must be made in writing and also notarized.
Termination of the marriage contract is done by the consent of both spouses (you must submit an appropriate application to the notary) or with the onset of a specific event (divorce, death).
The contract can be challenged. The party whose rights have been violated by this document has the right to apply to the court. A marriage contract is declared invalid if:
- it is against the law;
- one of the parties was incompetent at the time of signing;
- it was concluded against the will of one spouse;
- its content violates the rights of the disabled party, minor children.
The conclusion of a marriage contract, on the one hand, gives a good guarantee of the observance of one's legal rights, but, on the other hand, it personifies uncertainty in one's spouse. Before concluding, it is necessary to study in detail all the terms of the contract and consult with a competent lawyer.