Today, spouses are increasingly discussing the terms of the marriage contract. This Western tradition has taken root in Russia, and people entering into a family union do not consider it shameful to conclude a document that will protect their property from the encroachment of a spouse.
Essential terms of the marriage contract
The agreement can be concluded before and after marriage registration. The financial side of the issue is quite important when joining a union, that is, at any time the parties can conclude a marriage contract. If the signing takes place before the registration of the marriage, then it comes into force from the moment it enters into it. The contract concluded by the real spouses comes into force from the moment of signing. This is how Russian legislation defines it. An important point in drawing up a contract is the consent of both parties. Otherwise, its existence is impossible, since the document must be based on the principles of voluntariness.
The marriage contract has an integrated approach, as it determines what property obligations one spouse bears in relation to the other. Examples of drawing up are easy to find in every notary office
The issue of the volume of such a document as a marriage contract, the number of clauses in it is individual, is decided together with the notary. The contract may consist of only one clause, it will be determined there that in case of divorce, the property of the spouses is divided in certain shares. This will be the main condition for its entry into force. Examples of such documents are quite common. It is interesting that, if desired, the spouses can discuss various subtleties of living together.
An important argument for the court when terminating the contract is a change in circumstances when it is impossible to fulfill the conditions set, and also if one of the parties admitted non-compliance with these very conditions, which entailed damage to the other party.
Features of the entry into force of a marriage contract
The agreement can be drawn up on the basis of separate ownership of the property. This is the most stringent regime that allows you to preserve the property of both spouses. After its entry into force, the conditions are not easy to change.
As a rule, marriage contracts, which are typical for Russia, are drawn up for an unlimited period and are valid until the dissolution of the marriage. However, the law allows you to set a specific period for the validity of the document. As a rule, the marriage agreement stipulates the period during which the spouses live together and do not dissolve the marriage. If the conditions are not met, the marriage contract becomes null and void.
Thus, a marriage contract is a document that allows you to protect yourself and your own property.
