The marriage contract - subject of the contract and features of drawing up

The marriage contract - subject of the contract and features of drawing up

Began to use the marriage contract more than 20 years ago, and now it became very widespread, especially in the European countries and America. It is directed to fixing of terms of use of property, both during marriage, and after its cancellation.

For what the marriage contract is necessary?

Let's begin with terminology, so, understand the agreement fixing and regulating the aspects having communication with the property relations as the marriage contract. His concept and features are stated in the Family code. Many reflect over whether the marriage contract is necessary or not, and so, lawyers will advise to conclude the similar agreement to be honest in the intentions with the spouse/spouse. Use it quickly to resolve the issues connected with property at a divorce. The reasons for which it is necessary to sign the marriage contract:

  1. Protection of property. Many couples after the divorce face a problem of the section of the available property. In such situation the marriage contract is a certain guarantor of own rights.
  2. Without judicial proceedings. Accurately registers in the agreement that from property will depart to each of spouses. Having the official agreement, it is possible to avoid lawsuits.
  3. Stability in the relations. Polls show that couples which signed the contract feel more quietly and more steadily, without expecting any dirty trick.

When the marriage contract is signed?

According to the legal framework couples which already issued marriage can sign such contract or only plan a wedding. He will act after notarial assurance or after official registration of the relations. The marriage contract after marriage can be signed at any time, even several years later after the wedding. Besides, it can be terminated or changed. If couple signed the contract, but does not plan to register the relations, then it will not have validity any more.

How to issue the marriage contract?

There are certain stages which need to be passed correctly to sign the contract:

  1. At first spouses have to agree independently, having stipulated all highlights which will be specified in documents. The main goal is to reach a consensus.
  2. Very few people understand how to make the marriage contract therefore it is better to address the good lawyer who will help to make it without any mistakes.
  3. The document in an obligatory form is processed in writing. When it is made, it is necessary to address the notary who will check correctness and legality of the document. It will be necessary to provide passports, the information on property of the man and the woman, and documents on the property right.

The marriage contract – children

As this agreement can regulate only the rights and duties connected with property, entering into it of any provisions of non-property character, for example, connected with education of children is inadmissible. Otherwise the document will be considered as invalid. Cannot include the marriage contract of children therefore the size and a way of payment of alimony should not be stated in it. The only thing that can be specified – expenses on training, improvement and treatment.

The marriage contract can include the suspensive conditions related to children, that is it is possible to specify in it that at the birth of the general child the apartment of spouses will be transferred to it. Besides, the birth of the kid can be a condition for cancellation of the marriage contract. For example, the condition can be included in the document that at the child's birth the contract automatic stops the existence or some changes begin to work.

Marriage contract for the apartment

During drawing up the contract all possible disputable situations which can concern the real estate have to be by all means in detail described, so, in attention children, relatives, standing of health of spouses, financial position and so on undertake. According to the law the marriage contract for the apartment cannot include any conditions violating the rights of one of spouses. If they are and it is proved in court, then the contract is nullified. In the document the order of refusal of the apartment of one of spouses and an order of its introduction in the right has to be described.

The marriage contract - bankruptcy

The similar document can be one of ways of protection of all property at the announcement of bankruptcy. It is for this purpose important that the contract was issued a minimum in three years prior to estimated bankruptcy. If term is less, then in court it will be possible to challenge the marriage contract, having considered it deliberate concealment of property. That the marriage contract at a divorce helped to keep a part of property, it is necessary to pay special attention to the property mode at its conclusion. At the announcement of bankruptcy the divorce with the section of property will help to keep a part of the available property.

The marriage contract at a mortgage

In the modern world the mortgage loan allowing young families to get the housing is widespread. Conditions of the marriage contract allow the conclusion it as before capture of the credit, and after that. Statistics shows that existence of such contract positively affects image of the borrower, that is chances of receiving a mortgage increase. Before going to bank, it is recommended to settle such questions:

  1. Procedure of payments for a mortgage and size of shares of payments. Thanks to it it will be possible to exclude disputes in case of unforeseen situations.
  2. Rules of clearing of the credit in case of a divorce.

The marriage contract – debts

If spouses plan to take the credit, then it is recommended to sign the marriage contract which will help to keep property of family. Execution of the marriage contract allows definition in it such nuances:

  1. Shares of property and possibility of compensation at repayment of debt.
  2. The mode of repayment of the credit, for example, who will pay, term and so on.
  3. Whose means will be used for compensation of debts.
  4. Who will have property at a divorce and who will pay the debt rest.

The bank without fail negotiates all conditions which are included in the marriage contract. Difficulties arise when the marriage contract is signed after capture of the credit, that is when the family already has a total debt. The borrower has to notify bank on signing of the contract as it will lead to change of the credit agreement that for the financial organizations is absolutely undesirable therefore they seldom go on it without fail. Otherwise the contract will be considered as invalid.

Marriage contract to death

It is impossible to state conditions which concern receiving property in inheritance, after the death of the husband or the wife in the contract. If a certain order of the order by property is registered in it, then execution of the marriage contract will be considered as invalid (in whole or in part). For distribution of inheritance other documents are used: will or agreement on the section of property.

At the same time it is impossible to deny completely that the marriage contract has no impact on inheritance. It will be indirect, that is in the contract other mode of property of spouses, that is separate can be set. In that case inheritance will be is subject by only that part which belonged to the died spouse, and the rest – will be kept for other person and nobody will be able to encroach on it.

The marriage contract – cancellation

As well as many civil contracts, such agreement can be changed and terminated. It is stated in the Family code. Recognition of the marriage contract invalid or its changes can happen unilaterally or by agreement of the parties. Depending on circumstances it can be made in two ways:

  1. In court for what a claim will be submitted. It occurs when desire to terminate the agreement arose only at one of spouses.
  2. Thanks to signing of the additional document, that is the new contract will be issued or an additional agreement is signed.

Such reasons will be the bases for cancellation or change of the marriage contract: desire and the agreement of the parties, violations of the existing conditions, other cases stated in laws, and still sign of invalidity of the transaction (restriction of the rights and capacity, differentiation of duties concerning minor children and other violations of the family or civil code).


Author: «MirrorInfo» Dream Team