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THE MARRIAGE CONTRACT: WHIM OR NECESSITY?
The brideSo, you have chosen to yourselves of the partner in life. Day of wedding is already appointed and all necessary preparations for wedding are made. Race on shops, wedding salons, the invitation of visitors to a solemn supper are finished. You in ecstasy anticipate shouts "bitterly!", the first marriage night, wedding travel, and further - happiness of home life near to the favourite person. You believe, what exactly your life will be cloudless. And like everything, as to home life, is already provided and considered. Conditions are created, pluses and minuses are weighed...
 
All it is fine, but stop for a minute... Whether you Heard sometime about the rights defined by the law and duties of spouses? Whether know about existence of the code of laws under the name "Family code"?
 
"Faugh, as it is boring", - other will tell романтически the adjusted bride, having forgotten thus, that at all times marriage was first of all the union made on an economic basis: thanks to a successful marriage or a marriage capitals merged, links were strengthened and thin politics tricks were conducted.
 
The last century has proclaimed the defining beginning in marriage ardent feeling which should test to each other newly married. But, alas, love not the strongest basis for a matrimony. Whether many of us can guarantee in all honesty, what throughout all life of spouses never will show claims, including the material? And if it will be a question of divorce, whether you are assured on all of 100 percent, what no problems at property section will arise?
 
WeddingIn the Russian legislation, both modern, and Soviet (however, pre-revolutionary too), everything, that concerned property relations of spouses, was defined by the law is uncontested. Was considered, that it is reliable to protect the rights of each of spouses it is possible, only having defined their rigid frameworks of the law. And if in the West and in Europe the marriage contract conclude about five hundred years (to recollect a fine cloth Yana Stena enough, dated the middle of XVII century) the Russian society has recollected it rather recently. Only in 1996, with acceptance of the Family code of the Russian Federation, each Russian pair has acquired the right to the conclusion of the marriage contract, that is "the agreement allowing spouses or persons, gathering to marry, define mutual property rights and duties for marriage, and also in case of its cancellation".
 
What for the marriage contract and what advantages is necessary have steams which have concluded it? These and other questions are answered with lawyer Ilja of Nightingales.
- Who and when can conclude the marriage contract?
- The conclusion of the marriage contract is supposed both before marriage, and at any moment of a condition in marriage relations. However if the marriage contract consists before marriage registration it operates only from the moment of registration. Thus, it is impossible to settle in the marriage contract, for example, questions of execution of expenses on wedding celebrating.
 
- The contract form any or exists any certain standard?
- I believe, in any notary's office there will be a sample of the similar contract. It consists in writing and should be assured the notary. If subsequently changes are made to the marriage contract or additions they should be made in the same form - written, with the notarial certificate.
 
The marriage contract- Probably, the most important question, interesting readers: what relations of spouses are regulated by means of the marriage contract?
- The marriage contract can regulate only property relations. Its any conditions, concerning non-property relations of spouses, are void. It is impossible to define, say, who will walk a dog and who to wash ware in the house. Or, for example, as spouses will often fulfil matrimonial duties. The law forbids to mention somehow in the marriage contract of the right of children. It is impossible to establish the contract with whom the general child after divorce (will live this question can dare or spouses after divorce, or in a judicial order). It is impossible to define, how children will be brought up, what part of the aggregate profit will go on their maintenance and so forth. It is not supposed to limit the right of spouses to a reference to the court. Differently, the conditions of the marriage contract defining, for example, that section of property are void will be carried out only according to treaty provisions, and the reference behind section in court is inadmissible. However if the marriage contract is concluded and contains conditions about section of property in case of divorce, the court will be guided first of all by them.
 
- So, actually, in what then advantage of the marriage contract?
- He allows to establish, what kind of the property will be used in marriage concerning all property or its part - joint, share or separate. I will explain, in what here distinctions. The joint property: all property arrives in the general property of spouses without definition of shares. Such mode is applied, if the marriage contract does not establish other. The share property: at a similar variant of a share of spouses are defined initially. For alienation (sale, donation, мены, wills) the property which is in the share property, the consent of the second spouse is necessary. If the property joint, such consent, as a rule, is not required. There are also other specific differences, but here I first of all would advise to address directly to the lawyer. Also spouses can establish and a mode of the separate property on all or on separate kinds of property. The marriage contract probably to establish the sizes of the means received during the period (and after cancellation) marriage by spouses from each other, with one exception: it is impossible to limit the rights of the invalid, requiring spouse - it will receive the alimony in the limits established by the law, without dependence from positions of the marriage contract.
 
The husband and the wife- This all differences or are still something what it is necessary to mention?
- Convenience of the marriage contract consists and that the law (item 1 of item 42 СК) allows to extend its action as to the property already got by the moment of the conclusion of the contract (including before marriage), and on the property got further throughout existence of marriage. Besides, it is supposed to limit conditions of the marriage contract to terms: for example, it is possible to define, that within 15 years from the moment of a marriage the property belonging to each of spouses before marriage, continues to be in the separate property, and again got arrives in the share property. After the expiration of 15 years by the contract all property got both to, and after a marriage can be defined, that, arrives in the joint property.
 
- How the rights and duties in the marriage contract are defined?
- The rights and duties can arise, not arise or stop depending on that, come or there do not come certain conditions: for example, a birth of children, matrimonial change, etc. It is admissible, it is possible to establish a special mode of property relations for pregnancy and on the subsequent some years. As a rule at this time the spouse for the objective reasons is deprived possibility to earn independently or its income essentially decreases. Thus, for protection of the rights of the woman in a similar situation it is possible to provide corresponding point of the marriage contract, guaranteeing to the spouse in pregnancy reception from the husband of the monetary maintenance at a rate of a certain share of aggregate profits, for example half or two thirds. Besides, the marriage contract can protect interests of a family from collectings on debts of one of its members. For example, if the spouse is engaged in enterprise activity the marriage contract it is reasonable to establish, that all expensive property (the real estate, securities and so forth) is in the separate property and belongs to the spouse. In that case collecting on a share in this property will be impossible.
 
The bride- Whether it is possible to settle housing questions by means of the marriage contract? After all presently it is one of the most serious problems, especially in the big cities.
- According to the current legislation in the absence of the marriage contract of spouses, having installed in the premises belonging before marriage to other spouse, according to item 127 (in case of habitation privatisation) and item 53 (if it is a question of not privatised habitation) Housing code of RSFSR gets the right of use of this premise. This right remains for the spouse and after divorce. To prevent it it is possible also the marriage contract, having taken advantage of the restriction stipulated in the Housing code of RSFSR: in item 127 it is specified, that the right to residing remains in case of the termination of family relations, "if other has not been stipulated at installation". Thus, in the marriage contract it is possible to define, that the spouse installed in apartment, belonging to other spouse, keeps the residing right only for a condition in marriage, and at cancellation of the last it is obliged to be moved immediately.
 
- The marriage contract is a termless document or it is possible to define terms of its action?
- First of all it is necessary to mean, that the marriage contract stops the action at divorce - except for those its positions which define the rights and duties of the former spouses on послебрачный the period. Also the marriage contract can be nullified in full or in part in a judicial order. It is supposed as on the bases provided by operating civil legislation (item 168-179 of the Civil code of the Russian Federation.) among such bases: discrepancy of the marriage contract to legislation requirements, the conclusion of the marriage contract the incapacitated person, притворность or ostensibility of the contract, the conclusion of the contract under the influence of essential error, a deceit, violence, violence threat, as a result of confluence of heavy circumstances and so on. Also the case when conditions of the marriage contract put one of the parties which have concluded it in very unprofitable position Here concerns.
 
RingsFrom all aforesaid follows, that the question legal side regulates basically послебрачные relations and forms of property relations of spouses, but it does not mean, that the marriage contract does not mention also moral aspect of mutual relations between spouses. Actually it is powerful enough and flexible tool frequently protecting marriage from excessive shocks. Present, what you or your second half will be absolutely assured, what at the divorce caused by matrimonial incorrectness, it (it) loses the rights to all property, in addition (it is admissible, it is written down in the marriage contract) should pay indemnification for mental cruelty? In my opinion, the person thirty times will think, before will dare at so precipitate act. Or, for example, whether you begin to hand in the statement for divorce if on conditions of the marriage contract the initiator of divorce receives only one third of general property and only divorce in consent divides property on two equal shares? (In the presence of children the property most part, as a rule, passes to the spouse with whom there are children.)
 
Whether and you are assured, that the future spouse will not have a habit to stand with скалкой at doors in day of the salary and to select all money, giving out every day a fifty-kopeck piece and lovely smiling: "the Darling in what to itself do not refuse!". And after all in the marriage contract it is possible to specify, what part of your incomes should pass in the family budget and what to remain in your personal property.
Also it is not necessary to be afraid, that similar "prose" can break charm of the first, romantic period of your relations. On the contrary, in advance having placed all points over "I", you strengthen your marriage and will create certain guarantees of its stability and longevity.
 
WeddingFor the conclusion of the marriage agreement it is necessary:
First, to secure with the consent of the future spouse (spouse), subsequently to avoid a discomfiture. Secondly, in advance by means of the lawyer (it is better if on reception to the lawyer you come together) to make the list of the basic both minor arrangements and the text of the contract. Do not forget to define in it a kind of the property during marriage, and also in case of its termination. Do not hesitate and be not afraid to reflect on it. Do not forget, that the ardent love has bad property to come to an end, and on its place habits and so forth come respect. Suddenly happens so, what you for any reasons want to leave second half? Do not define in the contract the concrete sums of the maintenance. They can be beyond the power for you or your spouse. It is better to specify shares or a percentage parity from the income.
It is not necessary to define obligatory quantity of children in the contract. You can appear is difficult to execute this point, for example, on a state of health. It is better to define property carrying over mother in connection with a birth of the first, second or third child, that is the caused event. Define the housing rights (especially if is what to divide). If you or your future spouse (spouse) is the citizen of other country, find out, whether this contract will be valid in its territory and whether any points of the contract will run counter to the laws established there.
 
Darya ВЭЙРО talked
 
2.04.05