Do I need a marriage contract?

A marriage contract is such a thing that it is never late to conclude (at least before the wedding, at least after), so you should not start a conversation a day or two before the wedding. A compromise option can always be found, because the contract is between people who love each other. If a person loves you sincerely and wholeheartedly, he is unlikely to be against the protection of your interests in a lawful manner. And he has the right to count on the same attitude towards himself. The mission of the marriage contract is to bring stability to our unstable life and regulate the legal rights of spouses in marriage. He is able to save the family from a lot of trouble, both in marriage and in its termination.

In any notary office there is a sample marriage contract. If amendments are made to it, respectively, the form of additions is also written with notarization.

Now let's try to clarify. This document is prepared at the place (registration) of the residence of one of the spouses. A marriage contract cannot restrict the rights of any of the spouses that are given to him / her by applicable law. He can not regulate the personal relationship of the spouses among themselves, between them and the children.

The contract, certified by a notary before the wedding, comes into force from the date of registration of marriage; the contract drawn up by the spouses starts from the day of notarization. The contract may specify its duration, as well as the duration of its individual annexes. However, some of its provisions (or the contract itself) may also apply after the dissolution of the marriage.

After the conclusion, the document can be changed, it can be waived, it can be terminated or can be declared invalid (if the court considers the financial situation of one of the spouses is very disadvantageous, or considers the terms of the contract contrary to the moral foundations of society).

Now in examples. In the absence of a marriage contract, all jointly acquired property during a divorce will be considered common, without taking into account the means and methods of its acquisition. In the marriage contract, you can clarify this point: specify who owns what or set the size of shares in the ownership of property acquired during the marriage. You can specify the procedure for repayment of debts, the participation of spouses in each other's income.

Each spouse can make a clause on reciprocal maintenance, regardless of the ability to work and the need for material resources, clauses on the place of residence of each of them after a divorce, on the residence of children, on compensation for using the premises. You can establish a procedure for collecting alimony, different from the law (but the contract may not contain the waiver of one of the spouses of the right to collect alimony).

The thing is very good, but, like a stick, it has two ends. If you do not understand anything in jurisprudence, it is better to resort to the services of a lawyer. And, despite the love fever, this issue, if a joint decision is made to conclude a marriage contract, should be approached with all seriousness and responsibility. After all, you protect your interests.

Watch the video: Lawyer FAQ: Why Do I need a Marriage Contract? (December 2019).


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