A marriage contract is an agreement reached by the spouses regarding property rights and responsibilities, both in the process of family life and after divorce. Despite the fact that in the Russian Federation its compilation has not yet gained such popularity as in the West, many people are beginning to show keen interest in it.
Necessary
- - pen,
- - paper,
- - the passport,
- - money to pay the state duty.
Instructions
Step 1
First, discuss with your other half all the positive aspects of concluding a marriage contract. By the way, not only future newlyweds can conclude an agreement, but also couples who have been legally married for many years.
Step 2
Make a list of especially valuable property (apartment, car, cottage, etc.) and agree on what exactly will be common property and what will be personal. Here you need to discuss the belonging of things that will be acquired in the future.
Step 3
If necessary, agree on the conditions for keeping one of the spouses after the divorce. It is better if the amount of the benefit is indicated in the minimum wage.
Step 4
When drafting a contract, try to avoid exact amounts and numbers. Better to operate with shares and percentages.
Step 5
A clause on children may also be included in the marriage contract. But you must remember that only the sections concerning their financial content (for example, which parent will pay for the child's education) will have legal force. It is impossible to describe who will be involved in the upbringing and treatment of children and with whom they will stay after the divorce. The contract cannot contain obligations on the birth of a specific number of children, but on the other hand, it is possible to introduce into it the conditions for keeping the wife when each next child is born.
Step 6
If one of the spouses is a citizen (citizen) of another country, then the clauses of the marriage agreement should not contradict the legislation of the homeland of your other half.
Step 7
Elements of a will cannot be included in the contract, that is, it cannot contain provisions on the disposal of property in the event of the death of one of the spouses.
Step 8
The drawn up agreement must be certified by a notary, but the parties must first pay a state fee. When signing a marriage contract, the personal presence of each of the spouses is required. The agreement is drawn up in three copies: one is kept by the notary, and two - by each of the spouses. By the way, according to the law, the notary is obliged to keep the secret of the marriage contract.
Step 9
In the process of family life, the contract can be changed. The spouses have the right to remove from it provisions that will eventually seem outdated to them, or introduce new clauses. To do this, they must draw up an additional agreement and re-register it with a notary office.
Step 10
A marriage contract can be invalidated if its terms conflict with family law or put one of the parties in an extremely disadvantageous position.
