How to make a marriage contract

The Family code of the Russian Federation provided two options for the disposition of property and finances in a married couple: legal and contractual. In the first case, the husband and wife have equal rights to marital well-being. Second, the spouses enter into a special agreement that gives each certain material values and money. The legal force of such an agreement, called "prenup," is after both parties have signed in the presence of a notary.

You will need

- original and copy of certificate of marriage (for spouses, registered the marriage) ;
- original and copy of birth certificate of the child;
- original and copy of the certificate of ownership of real estate, land, vehicles and other property of each spouse.

Instruction

Discuss the possibility of concluding a marriage contract with the husband (wife). The agreement is strictly voluntary for both parties. Prepare to have your "second half" will need time to decide. Do not rush the husband (wife) give the opportunity to calmly reflect on. Encountering resistance, do not press on the person. To return to this issue later. The law allows the conclusion of the agreement before the wedding (will enter into force after the official registration) and at any time after receipt of the marriage certificate (acquire legal completeness from the moment of notarial certification).

Make a list of questions you want to reflect in the marriage contract. The content of the agreement between spouses is always individual and depends on the variety of available material assets, income and expenses of each, the presence of minor children, etc.

In a prenuptial agreement, you can include the following issues:- rights and duties of husband and wife by mutual content;- order of participation of each spouse in the total income and expenditure;- the rules for the division of property upon dissolution of marriage;- the right to property, which is only planned to the acquisition;- personal responsibility of the spouses on deals with the use of loan funds;- the share of ownership of each spouse in joint business, etc.

Watch out when preparing the text of the marriage contract over the observance of three major conditions:1. All provisions of the agreement only regulate property issues, without touching on the personal relations of spouses and their duties towards children;2. The contract may not limit the capacity of the spouses and their right to appeal to the court to change the agreement in their favor;3. It is unacceptable to include in the contract the items that are contrary to the principles of the Russian legislation and putting one of the spouses is clearly disadvantaged.

Decide on what term you are entering into a marriage contract. This can be the entire period of the marriage, or a specific time period, for example, before the onset of any significant family events. The contract can be terminated at any time by mutual consent of the spouses.

Visit the legal advice and talk with a specialist in family law. Based on the specific situation, it will tell you what items you need to include in the contract more, and what to remove or change. In the end you will have a draft of the marriage contract, which needs to be notarized.

Contact the notary office for giving your prenup legally binding. In addition to the project contract you are required to present legal documents: certificate of marriage (if applicable) and a copy of the birth certificate of the children and copies of the certificate on the property right on real estate, land plots, transport, etc. and their copies. Having considered the draft Treaty, the notary will approve it subject to all requirements of the law.

Note

A marriage contract may be declared void if its provisions conflict with the Civil code of the Russian Federation or significantly infringe the rights of a spouse.

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