"I will love you forever": prenuptial agreement

When joining marriage there is not even a thought about any divorce and division of property. Each couple hopes to live together for many years. Children will appear, then grandchildren, and everyone will be happy. But this is not always the case. One of the most effective ways not to be left with anything after a divorce is a prenuptial agreement. What is its essence, what are the pros and cons - we will talk about this in the article.

The essence of the marriage contract

There are many reasons why marriages fail. A marriage contract in case of divorce will help to avoid unpleasant situations. The signing of the agreement does not mean at all that the newlyweds do not trust each other. It is rather a guarantee of a quiet life.

The Family Code of the Russian Federation contains the main provisions that regulate relations between spouses. With the help of the contract, you can change or supplement them. This only applies to divorce, and not to building relationships while living together. Couples who have been married for several years can also conclude a marriage contract. In this case, the contract is notarized.

First, a lawyer explains to a married couple the rights and obligations of each of them, which each receives in the event of a break in family ties. Then the contract is certified by a notary and comes into force. The conclusion of a marriage contract is paid. The cost depends on the wishes of both parties.

The contract can be concluded for a specified period. Personal relationships, as well as issues related to joint children, are not spelled out in the contract. In case of changes in the clauses of the contract, they must be certified by a notary. Cancellation of the contract is made in court and only if there are serious reasons.

Prenuptial agreement: pros and cons

Pros of a marriage contract:

• Clarifies to whom the property that belonged to one of the parties before the marriage will be transferred. For example, one of the spouses had his own business before marriage. During their life together, the second spouse also invested in the development of this business. To avoid misunderstandings later, this issue is immediately stipulated in the marriage contract. As a result, the second spouse has a share in the business or receives monetary compensation.
• Helps to resolve the division of joint ownership. The contract specifies who gets the apartment, who gets the dacha, etc.
• You can also prescribe the provision of assistance in material form in case of disability of one of the divorced.
• The provision of living space to the parents of a husband or wife, as well as children from another marriage, is stipulated. This clause is introduced in the event that parents or children from another marriage will live together with the other half in the event of a divorce. The agreement makes it possible to provide material support in such a situation.
• Section of responsibilities for the payment of loans and debts. It is determined who will bear this financial responsibility.
• With the help of the agreement, the issue of family income and expenses is resolved. Who is responsible for providing for the family, who is responsible for the purchase of food and utility bills.

Cons of a prenuptial agreement:

• The conclusion of the contract is carried out in accordance with the law, but comes into effect after the registration of the marriage in the registry office.
• Some people believe that this kind of transaction indicates material reckoning, greed and self-interest.
• There is no guarantee that when the contract is signed, one of the spouses will not be forced to fulfill this or that item. Even if he voluntarily signs it at a notary.
• It is impossible to foresee everything in advance. As a result, you have to constantly change something, add something. This requires additional costs.
• Changes are periodically made to the legislation. In this regard, some clauses of the contract may lose legal force before the onset of divorce. As a result, the division of property will have to start over.
• If one of the spouses was declared incapacitated before the conclusion of the contract and hid it, then the identification of this fact during a divorce means the annulment of the contract. In fact, it will be invalid.
• Some points may be ambiguous, which may provoke disputes and proceedings in the future.
• From the point of view of psychology, the contract means that the spouses do not trust each other. When they get married, they seem to foresee divorce in advance. But on the other hand, it is better to think in advance about this way of developing relations in order to avoid unnecessary scandals.

How does a prenuptial agreement work in practice

The marriage contract in Russia is not as widespread as in Europe. There are supporters and opponents of this agreement. Despite the advantages of the contract, there is a downside. Based on judicial practice, inaccurately spelled out terms of the contract can cause problems in divorce.

Any agreement can be challenged if evidence of a violation of the terms of this agreement is provided. When parting the relationship between spouses is no longer so smooth. The desire to divide the property as it was written in the contract disappears. People begin to challenge the terms of the agreement, go to court. You have to spend your nerves and money on evidence or refutation of the facts of violation.

If the contract is declared invalid, everything that you agreed on in advance will not make any sense. Therefore, you should think carefully whether this is necessary at all. Perhaps without signing a marriage agreement, your family will be stronger.