The question regarding why a prenuptial agreement is needed, also called a contract, interests many people. Many have heard of him, but not everyone has an idea of what he means. Or they don’t fully understand what its essence is. So this should be fixed.
Law
If you are interested in why you need a prenuptial agreement, you need to turn to the Family Code of the Russian Federation. And study a brief article number 40 on this issue. There is the following interpretation of the marital contract: “This is a contract of persons entering into a marriage, defining each other's responsibilities in marriage (and in the event of its dissolution), as well as property rights.” In other words, the husband and wife, concluding it, confirm the absence of mutual intentions to claim the property of their spouse.
The situation is very clear. The individual property of a person is everything that belonged to him before marriage. As well as gifts and personal property. However, gifts, in the event of a divorce, are returned to the giver. Consequently, a man, in case of termination of the union, has every right to select, for example, the coat of his ex-wife.
In the contract, you can specify the property and determine in advance the conditions regarding the separation of property, if a divorce occurs. Based on this, it becomes clear why a prenuptial agreement is needed. In order for each spouse to protect their finances and investments and protect what he honestly earned from the section.
What you should know
Before proceeding to the details regarding the direct conclusion of this document, it is worth talking about some nuances. This is important when discussing why a prenuptial agreement is needed.
The signed marital contract is designed to act as a regulator of the maximum number of different unforeseen situations. This is in order not to return to the emerging property issue. Otherwise, the temptation remains to turn the agreement into a method of blackmailing one of the spouses.
With the support of the signed marital contract, the wife has the right to oblige her husband to give her half of the income, discuss the necessary amount of money for purchases, entertainment, and so on. And, for example, it is impossible to determine child support in this case. This document also cannot include probate components. That is, the following formulations are prohibited: "In the case of the death of Ivanov, I. I. all his property will be transferred to the possession of his wife, V. Ivanova."
By the way, in the marital contract, you can even discuss the cyclical nature of love contacts throughout the week. However, in the event of termination of the union, the trial will only consider material relationships.
About the conclusion of the document
The contract can be executed either before marriage, or after it. In the initial case, it begins to act from the moment the man and woman officially join the union. If this does not happen, then the conclusion of the marriage contract is canceled.
If the contract is concluded after the union, it shall enter into force upon certification by a notary. Everyone takes a copy, and the original remains with the legal adviser, who must explain to the parties in advance the significance of this document.
When certifying the contract, tax is paid. If the act describes the property to be valued, the fee increases.
Prevalence
It was believed that marital contracts in the Russian Federation did not take root.In fact, such a tradition did not exist in our country because until the last years the population did not have substantial property that would need to be shared.
But now everything is different. Many people became interested in how to draw up a prenuptial agreement. And its signing does not in fact push for the termination of the union and does not mean the absence of mutual trust of spouses, as certain people believe. On the contrary, the presence of this document often prevents a divorce. If it is executed in accordance with all laws, the spouses are not interested in the termination of the union due to material representations.
Speaking about the essence of the prenuptial agreement, it is worth noting that in large cities people who enter into a marital union with visitors and often do not want to lose their living space or entrepreneurial business when they conclude the union often insist on concluding this agreement. 80% of the initiative comes from the stronger sex. But it must be remembered that a marital contract is an opportunity, not an obligation, that partners must fulfill when registering a relationship.
Civil agreement
It is between the spouses, too. People who are not interested in concluding a marriage contract decide on it. However, a civil agreement is an alternative. But it should certainly be assured by a lawyer. In this act, it is necessary to discuss all probable conditions without exception, which have a chance to affect the division of property and other factors in case of conflict.
What is the difference between the conditions of a prenuptial agreement and this agreement? In fact, the difference is only in the name. It has the same legal force. And the content of the prenuptial agreement and this act is similar. Here are just a civil agreement more often concluded by people who are not members of an officially registered union. Such a document, of course, serves as a full-fledged regulator of property relations in a civil marriage.
Contract clauses
To know how to make a marriage contract, you need to familiarize yourself with the samples. And with clauses that contain classic contracts. This has already been briefly mentioned, but here is a competent structure that meets legal requirements:
- Place of agreement and date (both drafting and signing).
- FULL NAME. Union members, their place and date of birth, passport details, registration.
- Information from the marriage certificate, name of the state agency that issued it, as well as the date of the event.
- The number of the act of registration of the union.
- The list and information on joint property (luxury goods, antiquities and art, real estate, cars, etc.).
- The same thing, only about the individual property of each spouse.
- The order of mutual content.
- Conditions on which a change in a marriage contract or its termination can take place.
- Responsibility for obligations.
- Conditions for incurring expenses.
- The date of entry into force of the act, its validity, the number of copies and signatures.
This is all the information that should be contained in the contract. You can compose it yourself, but it is better to resort to the help of a legal adviser in order to prevent mistakes.
Bans
So, above it was told about the content of the marriage contract, as well as about why it is needed. Now about some prohibitions. The fact is that there are provisions that are prohibited from being included in the terms of the marriage contract. And here is what they relate to:
- Legal restrictions of spouses.
- Establishment of rules regarding personal, non-property relations.
- Restrictions on the legal capacity of the parties to the contract and the right to judicial protection.
- Establishment of rules regarding behavior regarding children.
- The question of with whom the child will live in the event of a divorce.
- Restrictions on the right of one of the spouse to receive content.
- Other conditions contrary to law.
All this cannot be included in a prenuptial agreement.The sample, however, is represented by a legal adviser or notary public, who in any case will have to turn to certify this act.
Judicial nuances
When discussing why a prenuptial agreement is needed, it should also be noted that this agreement can be terminated both at the request of the spouses and by court order. The authority may invalidate the act, either partially or in full. In which case? In that, if it becomes clear that the contract creates one of the spouses unfavorable living conditions. This is prohibited, is considered inhumane and inadmissible. The court may also annul it if it turns out that the contract was concluded in violation of the provisions enshrined in civil law.
Contract advantages
They are also worth mentioning, talking about why a prenuptial agreement is needed. It is enough just to look at this topic under the prism of material relationships. Most of our fellow citizens already own some property before marriage. And it affects them and their families. An unexpected, unidentified change in ownership of property and material status is simply not applicable. And here are the obvious benefits of a prenuptial agreement, a sample of which you can see above:
- maintaining a person’s authority to own various property after the dissolution of the union;
- the likelihood of formally providing any property to the spouse or husband and documenting this;
- the opportunity to save property in case of claims according to the debts of the husband / wife and other material problems.
To summarize, we can state: what is the purpose of a prenuptial agreement worth its conclusion. The pluses are undeniable. And if a person has something to lose, do not neglect the idea of drawing up this normative act that can protect against the loss of valuable property.