Marriage contract is a serious document. So that he was legitimate and was an effective tool in the financial and property spheres of the family, it is necessary to compile it in accordance with certain conditions.
Conditions of the validity of the marriage contract
The main legitimate provisions on the marriage contract are established by Articles 40-46 of the Family Code of the Russian Federation. Based on these legal norms, the following conditions for the conclusion of a marriage contract can be transferred:
- Parties of the marriage contract. The marriage contract can be concluded between her husband and wife, staying in a legitimate registered marriage, or between a man and a woman intending to enter into a legitimate marriage.
- The moment of the conclusion and entry into force of the marriage contract. The contract can be enclosed either before marriage or during marriage. But not after the divorce! The marriage contract comes into force at the time of signing and notarizing the contract, if marriage is. If the contract is to marriage, it will enter into force at the time of marriage registration.
- Form of the marriage contract.Be sure to write a written form and notarization of the document.
- The content of the marriage contract.The marriage contract can be settled exclusively property legal relations of spouses (future spouses). Some family and personal legal relations are not subject to regulating the marriage contract! Violation of this condition entails the invalidity of the document.
- Rules for changing or terminating the marriage contract. The conclusion of the marriage contract is based on mutual consent. Therefore, it can be changed or terminated only by mutual agreement. One-way refusal to fulfill the terms of the contract is not allowed.
The above provisions are the main conditions, subject to whose marriage contract can be concluded and valid. Failure to comply with any of the conditions listed above entails recognition of a marriage contract invalid.
What major conditions can be included in the marriage contract?
Above was discussed to conclude a marriage contract. That is, the requirements that laws for the subject of the subject, the terms of the conclusion and entry into force of the contract for legal force, to the form and content of the contract.
And now we will discuss what the conditions of the marriage contract can be identified by spouses to regulate their financial and property relations.
Theoretical aspect
From the point of view of the theory of conclusion of civil legal contracts, there are two types of conditions:
- assignment;
- excuses.
If the spouses have determined that rights and obligations arise depending on a certain circumstance, the contract is concluded under a depositing condition. For example, if one of the spouses will be purchased by real estate on credit (undencing condition), the second spouse is obliged to participate in the payment of loan and has the right to own the property in a proportionally paid part of the loan (the emergence of rights and obligations).
If the rights and obligations of spouses are terminated depending on a certain circumstance, the contract is concluded under the replacement condition. For example, if the spouse loses the right to own real estate and is not responsible to make regular credit payments, if due to objective causes (disease, relocation, lack of work) cannot participate in the loan payment.
In addition to the circumstances, the emergence of rights and obligations may be associated with the onset of a certain date, the expiration of the term.
The main conditions of the marriage contract are provided for in paragraph 1 of Article 42 of the Family Code. It:
- Definition of the ownership of spouses (overall joint, separate, share);
- The property that is the subject of a marriage contract (both available and the future);
- Participation of spouses in the income and expenses of the family;
- Rights and obligations on the mutual content of spouses;
- Section of property during divorce.
In addition to the above conditions, other conditions can be identified with spouses, if they regulate property legal relations, do not contradict the law and do not violate the rights and freedoms of the spouses. For example, shopping planning, including on credit.
The marriage treaty, as one of the types of civil law contracts, may contain traditional conditions for all documents such, for example, the term of the contract, the rules of termination and amendment, responsibility for failure to comply with the terms of the contract.
Consider each other from the conditions of the marriage contract.
Property regime
The law determines the joint regime of ownership, the spouses in marriage. But in fact, the marriage contract is to independently determine the property regime (total joint, equity, separate). Moreover, a certain mode can be applied both to the entire property available and each separately taken part. For example…
- the joint ownership regime of the Spouse decided to apply only to property that was acquired before the conclusion of a marriage contract (for example, presented by the parents to the wedding of the apartment);
- the share ownership regime applied to property, the acquisition of which is made on credit, since each of the spouses carries a certain share of the loan obligation (for example, a wife pays for a loan, and the husband bears the rest ⅔);
- the regime of separate ownership of the Spouse applied to all of the property, which will be purchased in the future. It will belong to the spouse, at whose funds will be purchased and on whose name is registered.
Property
According to paragraph 1 of Article 42 of the RF IC, the marriage contract is concluded in relation to the property, which is already available from spouses or to property, which will presumably appear in the future.
The property of spouses, which is the subject of a marriage contract, belongs:
- the income of each spouse (income from labor, business, intellectual activity, pension and social benefit, other non-target cash payments);
- spouses (movable and real estate, cash deposits, securities, shares in the capital of enterprises and organizations);
It is important that the marriage contract contains a detailed list of the entire property with distinctive characteristics (name, brand and model, registration number, cadastral number) and details of the priviless documents.
Order of property
Spouses may provide for the rules of disposal (sales, exchange, donation, deposit under the security) of common property. For example, any transactions can be carried out only by agreement of the second spouse.
Rights and obligations on mutual content
Family legislation regulates grounds for the right to the content and rules for its provision. However, spouses can specify the other or additional basis for the occurrence of the right, specify other duties and provide more rights. For example, it is possible to indicate that the husband is obliged to provide his wife a content in the amount of 10,000 rubles every month until the age of majority.
Family income and expenses
If sources of income in each family are approximately the same (salary, income from entrepreneurial activity, pension or benefit, scholarship), then expenses in different families can differ significantly.
Basically, spouses carry such expenses as rental housing, payment of utilities, communication services, buying food, clothing and shoes, payment for the treatment and purchase of drugs, pay for training, recreation and entertainment.
In the marriage contract, you can determine the participation of each spouse in the family spending, for example ...
- equally;
- in equal or different (proportional income) shares;
- separately (each spouse carries a certain type of expenses)
Contract time
You can conclude a marriage agreement both for a certain period and indefinitely. The end of the contract validity period can be determined by a specific date or onset of circumstances (for example, a marriage termination). Some conditions of the marriage contract retain their reality and after the deadline for its action.
Notification of creditors about the conclusion, making changes, termination of the marriage contract
If the spouses have lenders (for example, a bank), and therefore obligations to creditors, spouses are obliged to notify them about the conclusion, making changes, terminate the marriage contract if its conditions affect the interests of the creditor.
For example, if, according to the terms of the marriage contract, property is becoming the subject of a loan agreement (for example, a mortgage apartment) to the ownership of one of the spouses (for example, a mortgage apartment). Otherwise, the spouse will fulfill its obligations to the lender regardless of the conditions of the marriage contract.
The procedure for making changes to the contract, termination of the contract
There is nothing eternal and unchanged. Spouses who have recently reached consent and concluded an agreement under certain conditions, a certain time may be aware of the need to change these conditions. No problems! To make changes to the contract or even terminate the contract they can at any time, giving this agreement in writing and assuring notarially.
But the refusal to fulfill the contract is unilaterally impossible. If the spouse has good reasons in order not to adhere to the terms of the contract, do not enjoy the rights and not fulfill the duties stipulated in the contract, will have to go to court. If the court deems the causes of respectful, arguments - convincing, the grounds - legal, he can recognize the contract invalid, oblige spouses to make changes to the contract or terminate it.