The Russians got the opportunity to conclude marriage contracts in 1995. But for most married couples, this document remains an attribute of the life of the rich and famous today. The offer to sign a contract is often viewed by the partner as a manifestation of distrust or dislike. Sometimes people oppose a marriage contract without having sufficient knowledge about this norm of family law. Experienced lawyers advise spouses to leave emotions aside and make a decision, weighing all the pros and cons.
The creation of a family is confirmed by an official act - state registration. From this moment, not only dreams and plans for the future, but also finances become common for the spouses. The Family Code suggests that all material assets acquired in marriage should be considered the common (joint) property of the husband and wife. In case of divorce, the partners will share the apartment, car, bank deposits and other savings equally. This form is called “legal regime of spousal property”.
To establish a separate or shared use of material and financial assets, a married couple must switch to a contractual property regime. The beginning of the contractual relationship is the signing of the marriage contract.
The Family Code defines a marriage contract as a written agreement between persons preparing to enter into a legal marriage or already in it, regulating the property relations of spouses during cohabitation and in case of divorce. From this wording it is clear that, firstly, the contract is concluded voluntarily. Secondly, its effect applies only to the financial side of family life and does not control personal relationships.
In the marriage contract, the spouses can describe in detail the way of replenishing and spending the family budget, i.e. how much each of the partners will contribute to the common wallet and how much they can spend on personal and joint needs. You can also fix in writing a list of material assets that a husband or wife will own alone, or determine the private share of spouses in common property, for example, the percentage of shares in a joint business project.
With the help of a marriage contract, you can protect the family from unreasonable spending by adding a clause on the personal financial responsibility of the spouse who uses large borrowed funds (loans) without the consent of the partner. In addition, the document often includes clauses on the mutual maintenance of a husband and wife and the costs of underage children.
The spouses should pay special attention to the execution of agreements on the division of property in case of divorce. Perhaps it is this part of the marriage contract that causes the greatest rejection and becomes the subject of heated debate. But family law experts are confident that a well-thought out procedure for the distribution of property will save a divorcing couple from many problems and worries.
When concluding a marriage contract, it must be remembered that it should not contain conditions that infringe on the personal, physical and spiritual freedom of a person. For example, it would be illegal for a husband to demand that his wife quit her job and devote herself entirely to the household. It is impossible to prescribe in the contract the obligation of the spouses to be faithful to each other or to give up smoking, alcohol, etc. However, for certain facts of unworthy behavior of one partner for another, material compensation for moral damage can be provided.
The decision to conclude a marriage contract can be made by both the bride and groom preparing for the wedding, and by spouses with many years of experience in life together. The document will come into force in the first case after the official registration of the marriage union, in the second - immediately after it is signed and certified in a notary office. The agreement can be terminated at any time by mutual agreement of the spouses.
