“I will love you forever”: prenuptial agreement

Upon joining marriage There is not even a thought about any divorce or division of property. Every couple hopes to live together for many years. Children will appear, then grandchildren, and everyone will be happy. But this is not always what happens. One of the most effective ways to avoid being left with nothing 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 break up. A prenuptial agreement during a divorce will help you avoid unpleasant situations. Signing an agreement does not mean 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 relationship between spouses. With the help of an agreement you can change or supplement them. This applies only to divorce, and not to establishing relationships while living together. Couples who have been married for several years can also conclude a marriage contract. In this case, the agreement is certified by a notary.

First, the lawyer explains to the married couple the rights and responsibilities of each of them, what each of them receives in the event of a break in family ties. Then the contract is certified by a notary and comes into force. There is a fee for concluding a marriage contract. The cost depends on the wishes of both parties.

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

Prenuptial agreement: pros and cons

Pros of a prenuptial agreement:

• Specifies to whom the property that belonged to one of the parties before marriage will be transferred. For example, one of the spouses had his own business before marriage. During their marriage, 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 regulate the division of joint property. The contract specifies who will get the apartment, who will get the dacha, etc.
• It is also possible to prescribe financial assistance in the event of the loss of ability to work of one of the divorced persons.
• The provision of living space to the parents of the husband or wife, as well as children from another marriage, is agreed upon. This clause is included if parents or children from another marriage will live together with their significant other during a divorce. The agreement makes it possible to provide material support in such a situation.
• Section of responsibilities for paying 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 purchasing groceries and utility bills.

Disadvantages of a prenuptial agreement:

• The conclusion of the contract is made in accordance with the law, but comes into force after the marriage is registered in the registry office.
• Some people believe that this kind of transaction indicates material calculation, greed and self-interest.
• There is no guarantee that when signing a contract, one of the spouses will not be forced to fulfill one or another clause. 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 and add something. This requires additional costs.
• Legislation is amended periodically. In this regard, some clauses of the contract may lose legal force before the divorce occurs. As a result, the division of property will have to start all over again.
• If one of the spouses was declared incompetent before the conclusion of the contract and concealed this, then the revelation of this fact during a divorce means the annulment of the contract. In fact, it will be invalid.
• Some clauses may be ambiguous, which may provoke disputes and proceedings in the future.
• From a psychological point of view, a contract means that 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?

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

Any agreement can be challenged if evidence of violation of the terms of this agreement is provided. When separation Relations between spouses are no longer so smooth. The desire to divide property as specified in the contract disappears. People begin to challenge the terms of the agreement and go to court. You have to spend nerves and money on proving or refuting the facts of violation.

If the contract is declared invalid, everything you agreed on in advance will have no meaning. Therefore, you should think carefully about whether this is necessary at all. Perhaps your family will be stronger without signing a prenuptial agreement.