Is it necessary to conclude a marriage contract? Or is it better to do without it? Will the agreement spoil the relationship between the spouses? The procedure for registering a marriage contract and Required documents. What terms should be included in the contract?

Legal relations regulating the contractual regime of spouses' property arose in our country not so long ago and are currently enshrined in the Law of the Republic of Kazakhstan "On Marriage and Family", adopted on December 17, 1998. For the first time, the right to conclude a marriage contract arose in our country only in 1993 with amendments to the Code on Marriage and Family of the Kazakh SSR, which was in force at that time.

Who needs a prenuptial agreement?

Before the new Law “On Marriage and Family” came into force, the percentage of newlyweds or already married people who entered into a marriage contract was negligibly small. Today, it is noticeable that a much larger number of newlyweds and already married couples enter into it, although there are no official statistics. There are several reasons that motivate you to formalize property relations:

• one of the parties fears that the other half does not love enough, but takes advantage of her feelings for monetary reasons;
• A family of businessmen is trying to protect themselves in case of an unwanted collision with law enforcement agencies and competitors. In such cases, the property is registered in the name of the spouse, and the person financially responsible for the business is the spouse. In this case, the property cannot be described; everything acquired over many years cannot be counted as a debt;
• spouses just don't want to unnecessary problems during a divorce, which can already become a serious psychological trauma. As a rule, younger couples do this;
• when the social status of the family changes, when welfare increases sharply and the spouses cannot overcome the ever-increasing sense of ownership;
• Based on mutual respect, a marriage contract is drawn up by spouses preparing for divorce.

Why is a marriage contract not widespread enough among us?

When it comes to divorce, the divorce itself does not mean the end of the troubles, but only the very beginning, because the problem of division of property arises. In our country, thinking in advance about what exactly and who will get it is considered cynical and mercantile. Such thoughts can cause censure from family and friends. Many immediately deny this solution, since they sincerely believe that the agreement once and for all determines how the spouses should live.

In fact, a prenuptial agreement only stipulates what property will belong to one or both spouses in a marriage and what will go to whom after the divorce. And if spouses know that when dividing property, everyone will lose something significant for themselves, they may be careful not to provoke a situation of divorce.

Until now, marriage contracts are not particularly common in Kazakhstan for many reasons, including the following:

1. The legislation already regulates in detail the relations of spouses in marriage.
2. The law contains conditions according to which a marriage contract cannot worsen the position of either spouse, even if he violates the terms of the contract.
3. There are no long-standing traditions of drawing up a marriage contract and arbitrage practice in the area of ​​disputes arising from this agreement.
4. The provisions of the law take precedence over the provisions of the contract.
5. A marriage contract is an expression of the complete equality of spouses. In our society, despite the declared equality between men and women, in fact, women occupy a subordinate position.
6. Concluding a marriage contract makes sense only when the people getting married already have their own property (apartment, car, jewelry) and capital (bank account, share in a limited liability partnership, securities).
7. Often, the proposal of one of the young people to draw up an agreement causes unpleasant emotions and thoughts of mistrust in the other, giving rise to doubts about the correct choice of a life partner.
8. Psychological rejection of the marriage contract by the parents of the newlyweds. People of the older generation believe that if they have lived their whole lives without such agreements, then this will not give a young family anything except quarrels and conflicts.
9. Kazakhstan is a multi-religious country with stable religious traditions. Both Islam, Christianity, and other religions widespread in the republic do not welcome resolving the issue of relationships between spouses (even property ones) according to laws other than those given from above.

However, for all these reasons, prenuptial agreements are still becoming a common practice. It turns out that a prenuptial agreement does not provoke divorce, but in most cases prevents it. A prenuptial agreement makes you think more than once about the fact that upon divorce, each spouse may lose a certain part of the common property. It helps reduce the number of “quick divorces”, when they can reconcile already having a divorce certificate. With a properly drafted prenuptial agreement, neither spouse is interested in creating a conflict situation leading to divorce. And if you still decide to divorce, then at least the divorce will be calmer.

Marriage contract and its conclusion

A marriage contract is an agreement of persons entering into marriage, or an agreement of spouses, defining the property rights and obligations of spouses in marriage and (or) in the event of its dissolution (Article 38 of the Law “On Marriage and Family”). In practice, another name for this agreement is sometimes used - " marriage contract". This concept was also used in the no longer valid Code on Marriage and Family of the Kazakh SSR. However, the current Law “On Marriage and Family” uses precisely the concept of “marriage contract.”

A marriage contract can be concluded both before the state registration of marriage and at any time during the marriage. However, an agreement concluded before the state registration of marriage comes into force from the date of registration of marriage.

The marriage contract is concluded in writing and must be certified by a notary. Thus, the marriage contract is one of the few transactions today that are subject to mandatory notarization.

To certify the marriage contract you will need:

• appearance of both parties at the notary office;
• Marriage certificate;
• identity cards (passports) of the parties;
• title documents for property, if the agreement is concluded in relation to existing property, as well as other documents necessary to formalize a transaction with such property, for example, certificates from the justice authority about registered rights - for an agreement affecting the fate of the apartment.

If a marriage contract contains provisions regarding the spouses' ownership of property that requires registration (for example, real estate), such a contract is subject to state registration (judicial authorities).

The marriage contract can be changed or terminated at any time by agreement of the spouses. An agreement to amend or terminate a marriage contract is also concluded by a notary.

At the request of one of the spouses, the marriage contract may be changed or terminated by a court decision on general grounds and in the manner established by the legislation of the Republic of Kazakhstan for changing and terminating the contract.

The validity of the marriage contract terminates from the moment of termination of the marriage, with the exception of those obligations that are provided for by it for the period after the termination of the marriage.

A marriage contract may be declared invalid by the court in whole or in part on the grounds provided for by the Civil Code of the Republic of Kazakhstan for the invalidity of transactions. This is a number of grounds, including the conclusion of an agreement under the influence of deception, violence, threat, delusion, as well as the enslaving nature, sham or pretense of the transaction.

The court may also invalidate a prenuptial agreement in whole or in part at the request of one of the spouses if the terms of the agreement place that spouse in an extremely unfavorable position. The terms of a marriage contract that violate the legal requirements for its content are declared invalid.

Subject of the marriage contract

The subject of any agreement is the rights and obligations of the parties entering into it.

The subject of a marriage contract can only be the property rights and obligations of the spouses. This means that it is not allowed to include in the contract such conditions as:

• restriction of the legal capacity or capacity of spouses, their right to go to court to protect their rights;
• regulation of personal non-property relations between spouses, rights and obligations of spouses in relation to children;
• establishing moral standards of behavior in the family;
• family planning issues;
• provisions limiting the right of a disabled needy spouse to receive maintenance;
• other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of marriage and family legislation.

Such a marriage contract may be declared invalid in court upon the claim of the spouse whose rights have been violated. The law does not define “severe disadvantage”. This is determined in practice in relation to the terms of a particular contract.

Thus, the contract cannot define personal family relationships:

• responsibilities for maintaining household;
• intimate life of spouses;
• the procedure for communicating with children in the event of a divorce and other relationships for which responsibility for their violations is not established (for example, who puts the children to bed or the obligation to wake up in the morning with a smile).

The agreement regulates only property relations. But a lot can be discussed in this area.

When concluding an agreement, the parties pay special attention to how property will be divided in the event of a divorce. At the same time, not all those entering into an agreement use all the opportunities provided by Article 40 of the Law “On Marriage and Family”. And it states that by means of a marriage contract, spouses have the right to change the regime of common joint property established by law, to establish a regime of joint, shared or separate ownership of all the property of the spouses, of its individual types or of the property of each of the spouses. A marriage contract can be concluded both in relation to the existing and in relation to the future property of the spouses. In the contract, spouses have the right to determine their rights and obligations for mutual maintenance, ways of participating in each other’s income, and the procedure for each of them to bear family expenses; define the property that will be transferred to each spouse in the event of divorce, and also include any other provisions relating to the property relations of the spouses.

Spouses have the right to establish for their property a regime of common joint, shared or separate property or to combine them in relation to certain types of property. Property not mentioned in the contract is subject to the generally established legal regime.

The rights and obligations provided for in a marriage contract may be limited to certain periods or made dependent on the occurrence or non-occurrence of certain conditions. For example, depending on which spouse will receive more wages, he will pay the costs of maintaining the housing.

The subject of a marriage contract may be the obligations of the spouses, including their debts. It can be stipulated that both spouses are responsible for the debts of each spouse, or, conversely, each person is responsible only for himself. Similar conditions of a marriage contract can be used as an option to avoid debts (in particular, loan debts). The marriage contract stipulates, for example, that most of the property is the separate property of the wife, and the husband is liable for debts at the expense of the property belonging only to him. This does not prevent the creditors of such a spouse from demanding that the court declare the agreement fully or partially invalid, which in practice is not always feasible.

When the obligations for mutual maintenance are included in the marriage contract, we are talking specifically about the property and material relations of the spouses during the marriage. Based on this clause, the wife can demand from her husband the necessary amount for her annual maintenance. Here the amount that the husband must allocate to his wife for the purchase of perfumes, for going on vacation abroad, etc. can be agreed upon. One of the spouses may also require participation in the income of the other. That is, by a marriage contract, a wife can oblige her husband to pay her, for example, 30% or 50% of his salary.

The marriage contract can also stipulate who pays for what in the family: who buys food, who pays for children’s education and housing maintenance, etc. and to what extent.

The validity of a marriage contract can be extended to property acquired in the future. In this case, when purchasing such property, it must be presented to a notary (when registering a transaction), to the justice authority (when registering it), etc.

To conclude or not to conclude a prenuptial agreement?

In any case, the spouses should resolve this issue.

There is nothing cynical in this very approach to family relationships. After all, marriage itself initially primarily regulates property relations, and then social and intimate ones. But legislation cannot provide for all the difficult situations of today's life. And the marriage contract is presented the best remedy protecting the interests of spouses equally. But in any case, it is necessary to consult with lawyers and discuss with your spouse the terms of the marriage contract, if a decision has been made to conclude one. In practice, there are cases when one of the future spouses, having read the terms of the marriage contract proposed by the other spouse, refuses to get married.

admin

A reverent attitude and boundless mutual understanding, unbridled passion and common interests are powerful arguments for a man who decides to propose to a woman to legitimize a love union. Pleasant wedding worries and exciting anticipation can unite newlyweds who are on the verge of a fateful event. However, in some cases, problems in the family begin already at this stage. The results of misunderstandings that have arisen between the bride and groom based on material values ​​are widespread – quarrels over expenses and income, disputes about the earnings of one of the parties and the need to purchase an expensive product.

In the current situation, there is no need to talk about the long-term nature of family relationships - divorce is an invariable consequence. To prevent the emergence of conflicts between household members, a marriage contract becomes an alternative to mutual understanding. Residents Russian Federation such a word is associated with negative terminology that does not promise anything good. How profitable is such a procedure? How does such documentation affect love relationships? Is it worth making a prenuptial agreement? What sequence of actions should I follow?

Initially, pragmatic spouses need to discard the spiritual and moral components of their personal image at the time of negotiations, and minimize nobility, guided by the realities of life and their own benefit in the process of drawing up a marriage contract. Having agreed with each other, the bride and groom identify the main points that the official documentation should contain. The next step is to find a professional lawyer who is not interested in one of the parties. It is important for partners to discuss with the lawyer the specifics of the contract, which he can correctly draw up without making mistakes. Having drawn up the document in writing, you need to go to a notary, who will check the paper for correctness and absence of violations in accordance with the laws of the Russian Federation. After certification of the marriage contract by the responsible person, the documentation is considered valid. In order not to think about it, you need to take care of drawing up a marriage contract in time - the most effective way problem warnings.

Functional purpose of a marriage contract

The newlyweds who decided to conclude such an agreement are convinced of the following thesis statement - “like a business project.” The correctness of this formulation can be checked by understanding the features of the material agreement between the spouses. The functional purpose of the marriage contract lies in the following aspects:

Rational division of jointly acquired property after official dissolution.
Designation of everyday, social, intimate rights and obligations inherent in spouses in a union.
Distribution of family income and expenses provided for by the partners at the time of concluding the marriage contract.
Advance legalization of rights to property acquired by spouses in the process cohabitation.
Children's rights to the property of their parents, including adopted and illegitimate offspring.
Involvement of partners in the formation of income.
Individual suggestions and wishes of spouses who want to protect themselves in case of misunderstandings in the relationship.

Based on the functions listed above, we can generalize marriage unions into three large-scale categories, where spouses coexist under certain conditions:

Separate property (rights to own property are transferred to one of the parties).
Joint material assets (things that appeared during the process of living together are divided between spouses in equal quantities).
Shared ownership (property rights are negotiated by partners in advance, so each party has personal material benefits).

The main advantage of an official contract, which is always concluded before lovers enter into a legal marriage, is the ability to determine in advance the model of material relationships between spouses.

Features of a marriage contract: who benefits from it?

A marriage contract is a specialized service designed for wealthy and financially secure people. It is not recommended to neglect the preparation of such a document:

successful businessmen and large entrepreneurs who, in the event of a breakdown in a love relationship, do not want to lose an impressive part of their property;
participants in a marriage, a feature of which becomes noticeable between the spouses;
the side that doubts the sincerity of feelings, thinking about the commercialism of the partner’s intentions;
financially secure spouses who may have problems with the law;
pragmatic and prudent partners who do not want to experience unnecessary problems in the event of a divorce;
a family whose income level has sharply increased;
parties who decide to take care in advance of the well-being of joint children;
spouses who have children from previous marriages.

When drawing up an official document regulating the material relations of spouses, it is important to consider the following factors:

the validity period of official documentation, which comes into force after the appearance of a new cell in society;
features of love relationships, which consist in the interaction of spouses in everyday life (everyday life, children, communication, expenses and income);
financial guarantees that provide material security to both parties or one of the partners after the dissolution of the marriage;
peculiarities of behavior of husband and wife in case of force majeure;
pre-agreed options for resolving disputes and conflict situations, arising in the everyday routine of the day on the basis of material values.

Keep in mind that drawing up a marriage contract is a labor-intensive process, because all the wishes and preferences of the spouses must be clearly formulated in the paper. Inaccuracy in the drafting of the contract may cause the documentation to be invalid.

Advantages and disadvantages of a prenuptial agreement

To determine the relevance of compilation, it is important to rationally approach identifying the pros and cons of such documentation. After weighing the arguments below, the newlyweds have the opportunity to come to a common decision. The main advantages of official paper include the following aspects:

Spouses have a clear understanding of the future in the event of divorce. The husband and wife understand what material goods they will have to part with.
Partners reserve the right to independently dispose of property acquired before the conclusion of the marriage contract. In families where one of the parties has achieved a status position in society before the start of the relationship, this practice turns out to be irreplaceable.
Spouses can discuss in advance options for the development of events in force majeure situations. Marriage contracts often describe the conditions for the division of jointly acquired property if one of the parties changes or violates other clauses specified in the official documentation.
Partners will retain personal property if they have problems with law enforcement. When one of the spouses has debts, other family members may not worry about their financial security.

A marriage contract has a number of characteristic advantages listed above, but such documentation is not without its disadvantages, which it is important to familiarize yourself with in advance:

Stereotypes accepted by the social system of society make it shameful to draw up such a contract. For others, it testifies to the insincerity of feelings between a man and a woman, becoming characteristic feature commercialism, self-interest and greed. It is not customary for newlyweds to raise such a question at family council.
The financial income of the partners determines the irrelevance of the marriage contract. The couple does not need such documentation, because the material value of jointly acquired property does not require judicial intervention.
In an official document, the requirements, rights and obligations of the spouses must be clearly formulated, eliminating the risk of incorrectness of the contract. To avoid possible troubles in the contract, it is recommended to contact a professional lawyer. The services of such an employee are not a priori cheap, so partners should be aware in advance of the need for additional financial investments. Neglecting the help of a lawyer is an inappropriate decision, because the validity of an incorrect paper can be successfully challenged in court.
Newlyweds avoid talking about such documentation so as not to spoil the love relationship. Some people invariably associate marriage contracts with divorce, so only a few decide to tempt fate.

For spouses who decide to secure the future with such documentation, it is important to remember that the court may invalidate the official document. If both parties violated the rules spelled out in advance in the agreement, then the force of such a postulate is instantly canceled. In some cases, the relevance of the contract is reduced to zero due to the deprivation of the partner’s rights to property in the state order - the participants of the union have nothing to share. Situations related to the termination or amendment of marriage contracts are dealt with in court, because the paper is certified by a notary. The above factors have no weight if the spouses have amicably agreed on the division of property after a divorce (without relying on the codes present in the official paper).

The relevance of concluding a marriage contract is determined at a family council, where spouses must adequately weigh the pros and cons. Lovers are not advised to follow generally accepted standards in Russia, where premature division of property becomes the epitome of divorce. Do not forget that with the help of such a document, you will secure and streamline the material side of the union, eliminating on this basis.

20 February 2014, 16:04

From the article you will learn: what a marriage contract is, the pros and cons, the requirements for its preparation and the main purpose of this legal document for a married couple.

Few people know that the right of newlyweds to regulate property rights and obligations by drawing up a marriage agreement was enshrined in the Family Code and guaranteed by its articles more than 20 years ago. Russian newlyweds, as well as those already married, began to use this right relatively recently, which cannot be said about citizens of Eastern European countries and Americans. For them, fixing the basic conditions for the use, ownership and disposal of common joint property, both during the marriage and in the event of its dissolution, is no longer a new thing, so the proposal to conclude a marriage contract does not cause any negative emotions or, let alone, resentment.

What is a marriage contract? What conditions of drafting must be met for the document to be valid and have legal force? What exactly can be guaranteed by the agreement? You can find answers to these, as well as other questions regarding the conditions for concluding a transaction of this kind, in the material presented. The information contained in the article is relevant and fully complies with the requirements of current legislation.

What is a marriage contract, requirements for the document

In accordance with current family law, a marriage agreement is a civil contract, the parties to which are newlyweds planning to register their relationship with the registry office, or spouses who are already married.

The main purpose of the document is to regulate relations between the parties to the contract, and only those rights and obligations that relate to the property of future or existing spouses are subject to regulation. Thus, the contract may provide for the right of the husband and wife to receive half of all property in the event of divorce, regardless of the presence of children and their age. In addition, the contract can contain a list of types of property that will not be subject to the regime of common joint property, that is, property that will not be subject to division even in the event of a divorce.

For the agreement to be legally binding, it must comply with legal requirements. These include:

1. The clauses of the agreement must not contradict the law. Thus, the agreement cannot contain a clause that completely deprives minor children of the right to maintenance in the event of divorce between their parents, who are also parties to the contract;
2. Mandatory details of the document are the signatures of the parties, the date of its preparation;
3. the marriage contract is drawn up only in writing;
4. The completed agreement is subject to notarization. Before the parties sign the contract, the notary is obliged to explain to the newlyweds the consequences of concluding this transaction, and, if necessary, dwell on the details of individual clauses of the contract.

Note! If you do not plan to include special clauses in the contract that significantly distinguish it from similar contracts, you can write the text of the document yourself. Otherwise, it is better to seek help from a lawyer or negotiate the terms of this service with a notary, who will certify the agreement.

It should be noted that the contents of the marriage contract can be amended if the parties (one party) wish. If both spouses agree with changes to the text of the document, there are no legal restrictions regarding the implementation of this action. If the husband or wife is against changing the agreement, the issue is resolved in court.

The main purpose of the marriage contract, its content

As mentioned earlier, the main purpose of concluding a transaction, the consequence of which is the signing of a marriage contract, is to vest the spouses with property rights and establish their responsibilities.

It should be noted that in addition to property relations, a contract can regulate the relationship between parents and children. For example, according to the terms of the agreement, the spouse who initiates the divorce procedure may lose not only property rights to real estate or a car, but also the right to communicate with children. Before deciding to divorce, the potential offender will think a hundred times: is it worth making such sacrifices or can everyone try to save the family? In view of the above, we can conclude that the marriage contract is intended not only to fix the main points of property relations between spouses, but also to strengthen family ties.

• establishing the share of each party to the contract in the event of divorce. According to family law, in the event of a divorce, common joint property is subject to division between spouses in equal shares. In the contract, the size of the share of the husband and wife can be changed; moreover, the party that violated the terms of the agreement can be deprived of the property right to an apartment or a car purchased during marriage in general. As for private property, that is, property purchased by a husband or wife before marriage, the contract can stipulate the conditions for the use of such property. Some couples stipulate in the marriage contract the possibility of transferring private property into joint property. The period after which a change of regime is allowed is preliminarily agreed upon by the newlyweds and then specified in the contract. Usually, this period ranges from 15 to 20 years. If, over time, the spouses wish to reduce this period, they can amend the content of the agreement. If the parties agree, this is quite possible;
• obligations of husband and wife during marriage. Thus, the contract can indicate the husband/wife’s obligation to support the parents of the second spouse. At the same time, in the event of divorce, one of the parties who allocated money for maintenance has the right to demand compensation for the funds spent from the common joint property. Residents of Eastern European countries are more advanced in this matter; they stipulate almost everything: responsibilities for cooking, caring for children. Intimate relationships are not left unattended either. As for Russians, at this stage of development of the sub-institution of marriage relations, the main attention when drawing up a marriage contract is paid to property rights, and not to resolving issues of secondary importance;
• grounds for termination of marital relations. The most common reason for divorce, and the one most often written into a prenuptial agreement, is adultery;
• providing funds for the maintenance of a wife or husband. The agreement may contain a list of circumstances, the occurrence of which is the basis for the provision of maintenance funds. Thus, the obligation of a spouse to provide for his other half may arise as a result of her loss of ability to work, as well as in the event of divorce. The amount and timing of payments are also stipulated by the parties to the contract and are fixed in its contents;
• conditions for managing joint property. For example, if the spouses are the owners of a large company, then the contract can stipulate their responsibilities for managing it. At the same time, as a rule, liability is established for failure to fulfill one’s duties.

Important! The provisions of the marriage contract cannot place the husband or wife in an extremely disadvantageous financial position, nor violate the rights of children to parental support and other types of assistance until the latter reaches adulthood. If the terms of the agreement contradict the law, it can subsequently be challenged in court.

Advantages and disadvantages of a prenuptial agreement

Although at first glance a prenuptial agreement evokes not romantic, but somewhat mercantile feelings, it still has many more advantages than disadvantages. The biggest advantage of the agreement is that this document is sometimes a deterrent that forces the husband or wife to change their decision and save the family. That is, in essence, the contract does not allow spouses to act thoughtlessly, and sometimes even stupidly.

In addition, a prenuptial agreement has a number of other advantages:

1. the property rights of the spouses in the event of divorce have already been determined, so there will be no additional “division”;
2. the ability to change the ownership regime (from private to joint), make changes and amendments to the content of the document;
3. in the absence of a clause in the contract providing for the transfer of property from private property to common property, real estate and vehicles acquired before marriage remain the property of their original owner.

As for the disadvantages of the agreement, it has no obvious shortcomings as such. Perhaps the possibility of losing everything in case of violation of the terms of the contract, but this is no longer a minus, but a reminder of the responsibility that may arise if one of the parties to the contract evades fulfilling its obligations.

In view of the above, we can conclude that a marriage contract, so to speak, disciplines the spouses and brings more clarity to their family relationships, and this, in some cases, is much better than irresponsibility and understatement, due to the presence of which many married couples decide to divorce. As a result, not only ex-spouses suffer, but also their children.

In this article, I will tell you, man, how not to be left without pants in case of divorce 😀

A farting topic, of course, for many females)).

In order not to be left without “pants” during official marriage, in addition to the main contract, it is necessary to conclude another additional contract => a marriage contract. Otherwise, the main agreement applies ( general rules), which takes into account only the interests of women.

This is logical because marriage was created to protect the interests of women, not men. Without a marriage contract = general rules in marriage apply, which only apply to the female side.

Simply put, without concluding a marriage contract - in the event of a divorce, the general rules in marriage apply, which fully protect the female side (the woman has all the rights). Understand? All material advantages without a marriage contract will be on the woman’s side, not on the man’s.

Therefore, in order not to be left without “pants”, you absolutely always need to include an additional agreement, a MARRIAGE CONTRACT. Absolutely always, there simply can be no exceptions. Dot.

Why do I say “additional” agreement?

Because the marriage contract = is additional (to the main one). It is not required.

The main one is required = it is the one that is signed by everyone and always, upon official marriage.

But the marriage contract = optional. But, not required. Do you understand?

But! As you may now understand, for you (man) = he is obligatory. There are no exceptions!

For those who don't know...

What is an official marriage (marriage) / what is a marriage contract = are civil contracts (WHAT IS AN AGREEMENT, WHAT IS THIS AGREEMENT), which, after formalization (signing), have legal force.

What I mean is that for the vast majority of females = official marriage (stamp in the passport) = this is not a contract))) (although it is true, official marriage = this is a civil law contract, which also regulates property relations ) = but most women don’t admit it, and yes, from the outside it’s just unrealistic, but in the end these are women, what can you take from them =)

But a marriage contract = for women this is really a contract (the very best contract there is) = which is not needed, which does not need to be laid down, towards which there is an extremely negative attitude, etc.

Isn't it funny? =) Don't you think so? Well, okay, I won’t focus on this...

When a man mentions a prenuptial agreement, most often, manipulations, emotions, snot, etc. begin in the style of: Don’t you love me? Why do we need these agreements?))) No need. Come on without these contracts)), everything should be for love, money and love don’t need to get in the way, are you a redneck, and so on blah blah blah...

A lot of men have paid for their legal illiteracy, don’t be one of them. This is perhaps the most important part of today's article that you need to learn as an Lord's Prayer.

Marriage contract = for a man = mandatory. It is absolutely necessary to install it. All. Dot.

Why is it necessary to draw up a prenuptial agreement?

Because a marriage contract allows you to take into account men’s interests in marriage (transaction).

Do you see (look) what a selfish, unfair sadness))

The main agreement = it fully protects the interests of the female half of humanity. And all women know this very well. But a marriage contract = can help protect men’s interests in the transaction.

But, no, under no circumstances, my God, you can’t, DON’T YOU LOVE ME? =) what a marriage contract. No))

If your woman wants to get married, there can be no talk of official marriage without a prenuptial agreement.

If a woman does not want to enter into an additional marriage contract (in addition to the main one) = this is her right = but in this case, there can be no talk of formal marriage. All. Dot. IMHO!

Just think about it, if your woman wants = for you to sign a contract (the main one) = which completely protects her side (for her there are only advantages), and not a bit of your interests (for you there are only disadvantages), and if you (the man) say hey = so that and she also signed an agreement that will also take into account your interests (besides hers) = then no? No, no, but then you don’t have to sign anything. This is true. So, do you need a young lady who thinks only about herself and her interests. Think about it.

I want to give an explanation. Important clarification.

The vast majority do not understand what a marriage contract is at all.

Prenuptial agreement = it does not allow you to cheat one of the partners in the transaction. In no case.

Yes, if you haven’t realized it yet, marriage is a legal transaction. That's all.

A marriage contract only allows you to TAKE INTO ACCOUNT the INTERESTS of both MEN and WOMEN (in the transaction).

A marriage contract regulates the property rights and obligations of the spouses. Simply put, a prenuptial agreement deals with the division of property and provision for the wife and children during/after marriage. Understand?

This is what allows a man to avoid being left without “pants.”

Now let's talk about it...

If a man is worthy, strong, high-ranking (there are only a few of them, but still) = he has a lot of things. Businesses, real estate, enterprises and other properties that he wants to lose in a divorce.

Yes, for those who do not know, during a divorce, all jointly acquired property in a marriage is divided 50/50. That is, a woman, in fact, only gains a lot of everything, and a man only loses his blood.

So, a marriage contract is needed in order to protect yourself from this.

The marriage contract = states that all property, businesses, apartments, enterprises, etc. = remain with the man. Everything is complete. And they are not half of the ex-wife's property.

This is why a marriage contract is important for a man. That's why you need a prenuptial agreement. That is why it must always be laid. And there can be absolutely no exception, otherwise there will be a lot of risks.

Only legally unsavvy men draft the main contract (without an additional marriage contract) and then, due to their legal illiteracy, lose a lot of everything. Draw conclusions..

As for the second component of the marriage contract - providing for the wife and children during/after marriage, there are advantages for the woman as well. That is, a marriage contract allows you to take into account not only men's interests, but also women's. Do you understand? That is, it can be concluded that after a divorce, all children under such and such an age (usually up to 18 years old) are provided for by a man, in such and such a monthly equivalent.

That is, a woman will not think about where to get money to feed these, for example, 5 back-eaters. She will know for sure that the money for all the children will be from the man, stably, monthly, in such and such an amount, and that everything will be fine for all the children and no one will need anything (including women).

This topic is completely alien to me. I don’t know how you can abandon your offspring to the mercy of fate.

For a worthy man = a prenuptial agreement is important because it allows you to completely preserve your property, businesses, real estate, enterprises, etc. that’s all. (this is why a marriage contract is important)

And for providing for children (for a worthy man) = no questions.

Because worthy men will provide for their offspring (their children) without any legal obligations (without any contracts (agreements)). Understand?

However, this needs to be written down, who knows who is there in front of you, what kind of man.

Maybe there’s not a worthy man there, I don’t know, yeah, that’s why a marriage contract is important.

It allows you to take into account the interests of both men and women. Do you understand?

It is important for a man to keep all his property (and not give 50% of his blood to his ex-wife, for nothing, losing a lot of everything), and for a woman it is important to be sure that all the children will not need anything at all, that Everything will be fine for everyone, the man will provide.

Another thing is that in our world, there are so many, let’s say, dishonest young ladies who are cunning as hell and want to take away as much of a man’s property as possible, which is why they have an extremely negative attitude towards a marriage contract (which prevents them from realizing this)… others young ladies, not even knowing what this marriage contract is, but still have a negative attitude towards it, well, in short, women)) I also recommend reading: There is a lot of useful information there.

P.s. I’ll answer right away that I’ve never been married, no one divorced me, didn’t offend me, etc. blah blah blah)), I treat everything with understanding, I love women, I don’t take anyone’s side, I try to give recommendations to both husbands and wives, but I still foresee srach and negativity, nevertheless, thank you for your attention.

Congratulations, administrator.

By concluding an agreement, you can prevent conflicts on “housing” grounds during a divorce.

Intending to buy or already owning real estate upon marriage, future spouses think about concluding a prenuptial agreement. Will it really protect a couple from conflicts based on property relations in the event of a divorce?

Managing Director of the Real Estate Investment Department of Becar Asset Management Group Katerina Soboleva claims that every year the number of prenuptial agreements is definitely increasing, as people have become more pragmatic. At the same time, there are far fewer problematic divorces in which real estate disputes arise.

1. How is property divided without a marriage contract?

According to the law - equally. Any jointly acquired property, that is, acquired during the entire period of marriage, in the absence of a marriage contract, according to the legislation of our country, is divided between the spouses. “By default,” a halved division is provided (the court may decide to divide unequally in the interests of the spouse with whom the children remain). But Katerina Soboleva draws attention to two exceptions: real estate is not considered jointly acquired if it passed to one of the family members by inheritance or if one of the spouses received a deed of gift for it. When a marriage contract is drawn up, all possible options are usually spelled out in the conditions.

2. When can a marriage contract be concluded?

Before or after marriage. Senior lawyer at Advex Corporation. Real estate" Tatyana Rzhevskaya notes that a prenuptial agreement can be concluded either before marriage or during marriage, but not after a divorce. “A marriage contract comes into force at the moment of signing and notarization of the contract, if it is concluded in marriage. If the agreement is concluded before marriage, it will enter into legal force at the time of registration of the marriage,” says Ms. Rzhevskaya.

“In our practice, we often encounter situations where a prenuptial agreement is concluded before a major transaction,” adds Katerina Soboleva.

3. What can be stated in the contract?

Almost anything the couple deems necessary. According to Tatyana Rzhevskaya, the legislation does not contain an exhaustive list of conditions that must be included in a marriage contract. The parties determine them at their own discretion.

A marriage contract allows for a change in the ownership regime of both the entire property of the spouses and certain types of property or the property of each of the spouses. Thus, the expert notes that a marriage contract can establish: a regime of joint ownership (for example, indicate that only real estate will be considered joint property); shared ownership regime (indicate that the spouse will own, for example, only 1/3 of the purchased property); separate property regime (for example, when property acquired by spouses during marriage will be the property of the spouse who acquired or registered it). You can also determine the property that will be transferred to each spouse in the event of divorce.

Tatyana Rzhevskaya adds that spouses can define other conditions if they regulate property legal relations, do not contradict the law and do not violate the rights and freedoms of the spouses. For example, planning purchases, including on credit.

A marriage contract, as one of the types of civil law contracts, may contain conditions traditional for all documents of this kind, for example, the duration of the contract, rules for termination and amendment, liability for failure to fulfill the terms of the contract.

4. Is it possible to divide property purchased before marriage?

Yes, a prenuptial agreement may concern more than just jointly acquired property. According to Tatyana Rzhevskaya, a marriage contract can also change the regime of personal property of spouses - in terms of property that they acquired before marriage. For example, one of the parties can list his partner as an equal owner of real estate acquired before marriage or write down part of the cost of the purchased property to him. The shares of the spouses may be equal or unequal - this is stipulated in the document.

Katerina Soboleva is sure that everything must be included in the contract if everyone plans to preserve their assets. “To think that some points may be unnecessary is quite reckless, because you will have in your hands a legal document that has a certain force,” says an expert at Becar Asset Management Group.

5. Are there any prohibited techniques?

Yes. An agreement may be invalidated if it is drawn up solely in the interests of one party. Lawyer of the Lawyer-Real Estate company Sergei Slobodyanyuk explains that the Family Code (clause 2 of Article 44) provides a special basis for invalidating, in whole or in part, a marriage contract at the request of one of the spouses, if the terms of the contract put this spouse in an extremely unfavorable position .

The main principle of family law, according to Sergei Slobodyanyuk, is the equality of spouses, in which the rights of any of them are not infringed. Thus, it is impossible to stipulate that all real estate, money, etc., acquired during marriage, in the event of a divorce, goes only to one of the spouses. There must be some kind of compensation.

In addition, paragraph 3 of Art. 42 Family Code expressly prohibits the inclusion in a marriage contract of conditions that place one of the spouses in an extremely unfavorable property position. In other words, a prenuptial agreement should not be an enslaving transaction. For example, the following clause may be considered enslaving: “In the event of a serious illness of relatives, the spouse provides them with financial assistance, after which all property becomes the property of this spouse.” Sergei Slobodyanyuk argues that in order to recognize a transaction as enslaving, not only an extremely unfavorable position of one of the parties is required, but also a confluence of difficult circumstances for it, under the influence of which the transaction was concluded.

6. How to protect the interests of children?

This can be done as part of a prenuptial agreement. As Tatyana Rzhevskaya says, the legislator gives citizens the opportunity to plan for protecting the interests of children during a divorce. A marriage contract allows you to secure their interests and clearly delineate the responsibilities of parents to their children. The document can provide for the rights and obligations of spouses for the mutual maintenance of each other and minor children both during the marriage and after its dissolution, for example: “The husband is obliged to provide his wife with monthly maintenance in the amount of 50 thousand rubles per month until the children reach the age of 18 , or the spouse whose dependent children remain, the real estate and the vehicle are transferred.”

Tatyana Rzhevskaya believes that it is especially important to provide for this condition in the marriage contract in cases where one of the spouses is engaged in housekeeping and raising children, as well as in the event of incapacity for work of one of the spouses. It should be borne in mind that a marriage contract cannot limit the right to receive maintenance of a disabled, needy spouse, a wife during pregnancy and for three years from the date of birth of a common child, regardless of her need and ability to work, a needy (but not necessarily disabled) spouse, caring for a common disabled child until the child reaches the age of 18 or for a common disabled child from childhood of group I.

In relation to children, only property obligations can be included in a marriage contract. For example: “In the event of the birth of a child, the parents transfer 1/3 of the property to the child,” “When the child reaches 18 years of age, the husband transfers the property to the child.”

7. How to avoid mistakes in a contract?

With the help of a qualified lawyer and notary. Currently, a marriage contract is concluded only in notarial form, and an experienced notary will never miss a contract containing clauses that do not comply with the law. “It is important for persons wishing to conclude a marriage contract to find a competent and experienced lawyer who can explain the rights and obligations of spouses when concluding a contract, and most importantly, contact a notary who has experience in drawing up marriage contracts, including complex ones,” Sergey is sure Slobodyanyuk.

He also emphasizes that the marriage contract can only be changed by concluding a new marriage contract or an agreement to terminate it.