Who and why you need a prenuptial agreement

What is a prenuptial agreement

Until 1994 in Russia on the economic liabilities in the event of divorce, little wonder. The Soviet Union got married early, fantastically rich in rare, but the apartments received from the state and the whole family. Market relations have changed everything, and in 1994 a mention of the marriage contract for the first time in modern history appeared in the Civil Code. In 1996, he dedicated a separate chapter in the Family Code.

The marriage contract - a voluntary agreement, entered into between the spouses or those who intend to become them. The document spells out the property rights and responsibilities during marriage and after divorce.

Why everyone needs a prenuptial agreement

According to a survey conducted by the Higher School of Economics in 2015 and 2016 86%82% of Russians marrying for love of respondents believe that the marriage contract is not necessary. There are several reasons. Some people do not want to interfere with feelings and commercialism. Others believe that they still have nothing to share. Even if the couple come into life with a toothbrush and a lot of love, potential risks better than anticipated.

Certainly, from the proposal to conclude a marriage contract may seem mercenary and unethical. Often, however, the marriage contract is a deterrent and does not allow spouses to act recklessly, and sometimes even silly.

Victoria Aptekina, senior lawyer of "European Legal Service"

To prevent manipulation and revenge

peaceful divorceIn which none of the parties would not feel offended, a rarity. Upon divorce, the property becomes a tool of manipulation. The opportunity to stay with the child in exchange for an apartment, urgent rewriting of the property on the parents, selling cars for a pittance - all this is not a note of the life of notorious scoundrels.

Prenuptial agreement eliminates these violent games. In it, not only prescribe who gets what. The document can be assigned duties. So, the couple may decide at the beginning of the marriage, one of them provides a family, the other (often - the other) is responsible for the comfort and parenting. Treaty on divorce will recall that it was negotiated in advance, and not one of the partners worked hard, and the other - a parasite. Terms and conditions may be different before and after birth.

To secure the property purchased before marriage

With the help of legally enshrined agreements can be avoided, and other conflicts. For example, one of the spouses before marriage was flat. This property is not to be divided in a divorce. But the apartments are sold and bought a house. Perhaps even without surcharges. Now the property automatically belongs to both spouses in equal shares. A prenuptial agreement would help secure the whole house or most of it (in proportion to the investment) of the former owner of the apartment.

To determine responsibility

As the lawyer Alexander Golovin, the contract can be provided protection of the rights of both parties, to determine:

1. The duty of one spouse on the content of the other after the divorce.
2. Scheme of participation of each spouse to the family expenses.
3. The procedure for opening bank accounts for children's education and how much money will be made to them every year, month.
4. Responsibility on credit obligations following a divorce.

Documented and can be attached to the partner responsible in the case of adultery. However, implementation of this provision will depend entirely on the skill of the lawyer representing the interests of the injured party in the court. In this regard, it is important to know when to stop: it is impossible for infidelity to require all family welcome. Courts recognize such contracts null and void because they violate the rights of one of the spouses.

There is only one rule - the rights and duties of the spouses should be equal, infringement of the rights of one of them in favor of another in the marriage contract is prohibited.

Alexander Gulko, chief trial attorney, the owner of "Judicial Bureau Gulko"

To save the family savings, if one spouse owes to someone

According to Alexander Gulko, a marriage contract can help to not be left without a livelihood. The case of his practice: a spouse, entrepreneur took a loan in foreign currency. Leap year has increased this amount by several times. The lender filed a lawsuit and demanded a debtor's share of the family property.

Spouse provided the marriage contract, according to which all real property owned by it and for the debts of her husband, she should not be responsible. Therefore, only the lender can claim the car and some bank deposits men. Three apartments and a country house with land stayed in the family.

As the marriage contract

If you believe the American films, any agreement, even if it was signed by the bar on the napkin, it can be used as a complete document. The main thing - to protect it from moisture and at the right moment to present in court. But not everywhere, this number will be held. According to Article 41 of the Family Code, a marriage contract notarized.

The contract must conform to a certain form and not contradict the legislation. The sample can be downloaded this link. Check the document for compliance with the rules must be the notary. To place an obligation on property relations, you need to provide:

• agreement in three copies - two spouses, one for the notary;
• passports;
• documents of movable and immovable property, which is entered in the contract;
• marriage certificate, if it is already concluded;
• child's birth certificate, if any.

Adding to the notary mark on the contract in the registration book will cost 500 rubles. Assistance in the preparation of documents is evaluated by a specialist. In the certification contract both spouses have to attend in person.

When a pre-nuptial agreement

The law provides several options to enter into a marriage contract. You can decorate it before the wedding. In this case, the document will come into force at the moment of registration of marriage in the registry office. If the partners change their minds to marry, the contract will automatically be canceled.

Sign the relevant papers can be at any time of marriage. In this case, the contract takes effect after notarized.

default contract ceases to exist after a divorce, if it is not otherwise specified. The document can be provided and the financial liabilities of the spouses after the divorce.

If one spouse dies, the contract shall be deemed null and void. Exception - if part of the property, according to the paper, is the personal property of the deceased partner. In this case, the contract remains in force, and assets are divided between the heirs at law, or by will.

Why did the marriage contract is not a panacea

The legislation on the marriage contract contains a number of nuances. The document does not regulate non-property relations between spouses may not determine rights and obligations in respect of children. And, most importantly, if one spouse thinks himself uschemlonnym, he can challenge the marriage contract. And when that happens often divorce. In this case, clarification of the relationship between husband and wife yesterday moved to court, where the battle turns into lawyers.

For example, in 2013 in Nizhny Novgorod, the court invalidated the contract between the spouses. Under the contract, the affiliate receives a property which they are registered. Wife after the divorce went home and flower business, because all of this was written on it. Husband said he signed papers drunk. This fact was confirmed by witnesses. As a result, the property is strictly divided in half.

Therefore, the marriage contract does not provide absolute protection.

As the property is divided, if there is no marriage contract

If a spouse in a divorce could save face and a sense of justice, to divide the property according to the principle "it's yours, and this is mine" is possible without a marriage contract. When it comes to the court, all the good family distributed strictly in half. There are exceptions when the property is not subject to division. Personal and indivisible remains what it was:

• acquired prior to the marriage;
• bought after the divorce;
• obtained as a gift (in the presence of relevant documents and witnesses);
• one spouse inherited;
• necessary for the professional activity (car - to a taxi driver, a musical instrument - for the artist).

Protected from encroachment and things of personal use and children's property. Under the last category includes not only coloring books and soft toys, but also accounts opened in the name of the child.

The rest will be divided in equal shares. The court has any questions to suddenly sold shortly before the divorce car, to remove from the deposit money. The one who imprudently ordered the common property may be required to compensate the wife half of the real cost of the machine or the money spent. Therefore, if something was acquired by back-breaking labor of only one of the spouses, it is best to consider it in the marriage contract.