Marriage contract - what is it? Why draw up a marriage contract and how to do it? The cost of a marriage contract: Prices

The marriage contract is very useful, especially if the spouses are afraid to lose their property or do not want to divide it in the event of a divorce. In our article you will learn what is a marriage contract, how and where it is.

Content

The marriage contract today causes more and more interests and pairs of different ages often resort to its conclusion. It is enough to recall “star” marriages that definitely cannot do without this document. Many can say that this is a useless document, because when people love each other, then there can be no business. But this is a wrong opinion, many despite everything, I would not want to share personal property during a divorce. In addition, this helps to avoid fraud when marriage is specifically to gain benefit.

What is a marriage contract?

So far, marriage contracts are not so widely used in Russia, but every year more and more attention is paid to them. This document is intended to determine property rights and money. According to our legislation, everything that was acquired in Barka, including debts and deposits, are common and are equally divided between spouses. But this is provided that there is no marriage contract.

As a rule, spouses agree with each other in advance to conclude such a contract. Basically, if everyone is going to launch a business. So, if one tolerates bankruptcy, it will be calculated on debts on its own. The same applies to various loans.

Why do you need a marriage contract - what does it give?

The marriage contract is concluded for various reasons, but most often the following are found:

Manipulation and revenge

Very rarely, the divorce passes peacefully if one spouse feels offended. And just the property becomes the subject of revenge. That is, husbands can manipulate the situation and threaten to pick up the child if the wife does not give the apartment, and wives can simply quickly rewrite all the property to relatives.

If there is a marriage contract, then this will not work out, because it prescribes everything that every spouse has and even possible property that will share. In addition, spouses can immediately determine who will be responsible for raising children, and who - for their maintenance. Moreover, during a divorce, nothing can be presented, that allegedly one worked, and the second house was sitting.

Safety of property acquired before marriage

With the help of an official document, you can protect yourself from such problems. For example, the spouse had an apartment before marriage. Yes, it cannot be divided during a divorce. But only it was sold and in return a house was bought without surcharge. Then, real estate is already considered common. If you draw up a contract, you can determine the shares of each spouse, and in its absence, she will share in half.

Determination of responsibility

The marriage contract may determine the responsibility of each spouses. This applies to the following points:

The maintenance of one spouse to another after a divorce
How both spouses participate in expenses
Opening bank accounts for children and the amount that is planned to be paid monthly or annually

Loans responsibility after divorce

You can also register in the documents what will happen if one of the partners changes. But only here everything is not so simple, because by law it is impossible to limit the rights and freedoms of man. So, if you decide to register such a item, then you will need a very experienced lawyer who can protect interests.

Save the accumulation

The marriage contract can protect from the loss of family funds. So, if one spouse takes a loan, and the lender asks to allocate a share from the property, then this will not be done if all the property belongs to the second spouse, since he cannot respond to the debts of the second.

How a marriage contract is drawn up and drawn up: order

The registration of a marriage contract is carried out in several stages.

Stage 1. Consent regarding the subject of the contract

This is the most initial stage, which is decisive. Spouses must agree among themselves and discuss each item, and then fix all this in writing. Sometimes you have to resort to the help of a lawyer in order to decide how to do better, what and how to share, and so on.

It is important to understand that only issues related to debts, savings and property can be solved in this way. If you want to secure marital fidelity, housekeeping or the number of children in points, then nothing will come of it, because according to the law, the rights of others should not be infringed.

Stage 2. Drawing up a marriage contract

Since the marriage contract is a serious document, it cannot be concluded orally. In addition, he needs notarization. To compose good text, you can contact a lawyer, write it yourself or immediately go to a notary. The latter is also dealing with similar issues.

Stage 3. To appear personally to the notary

Certification of the contract at the notary

So, when your text is ready and printed, you need to contact a notary to approve the “deal”. You need to take the passports of the spouses with you, and also a marriage certificate if any.

In addition, documents are provided without fail that confirm that the property belongs to one or another spouse. For example, if this is a loan, then an agreement with the bank is taken, if the apartment is a certificate of ownership. Documents may differ depending on the situation and therefore it is better to clarify their list with a notary.

Stage 4. Payment of duties for certification of the contract

The fee for the certification of the contract costs 500 rubles. It is united for everyone, but it will have to be paid for the work of the notary.

Typically, in pricens, this service is called “legal and technical work” and its price is in the range of 5-10 thousand rubles. The fact is that the notary must check the contract for compliance with all norms, and also make sure that the property really belongs to spouses.

It is worth noting that it is better to do everything through a notary from the very beginning, because compilation of text and certification is even cheaper. After all, after yourself a notary will not have to be checked.

Stage 5. Receiving a finished contract

The marriage contract is always created in triplicate, so you will not have to remove copies. One copy is stored at the notary, and the other two are given to each spouse.

When can you conclude a marriage contract?

Many are interested in the question - at what specifically the marriage contract should be concluded? In fact, you can compose it and settle all questions in the status of the bride and groom. So it will be even easier, because there is no joint property yet and does not need to additionally describe it. Although, after registration, this can be done. But, if joint property has appeared, then immediately it is necessary to indicate in the contract who will get it or as it shares.

It is important to understand when the contract begins to operate. In general, of course, he begins the action from the moment of marriage, that is, from the date of its registration. If it is compiled directly in marriage, then after signing and assurances, he will enter into force.

Some are still afraid that if the marriage does not take place, then the contract will still act. But this is just speculation. In fact, it will be canceled.

Where is the marriage contract concluded and drawn up?

The marriage contract must be certified at the notary. Thus, the place of conclusion is a notary. At the same time, a lawyer can be drawn up with a contract, but, as we have already said, it is not necessary to go to him, you can immediately go to the notary.

- form of a marriage contract - written or oral?

The marriage contract is a strict document that cannot be made orally. It must be written and comply with laws, otherwise any court recognizes it invalid.

First of all, it is important to take the form of a document seriously. We have already said that it should be written and certified at the notary. In addition, it must comply with the law.

If spouses believe that they themselves can agree and express it all on paper, then they have the right to do so. It is important that only property relations are regulated by the contract, he complies with the rights of each party and does not contradict other laws.

When the document is drawn up, it remains only to go to the notary and assure it.

Is it possible to conclude a marriage contract through a representative?

Conclusion of the contract through the representative

The law does not have a direct ban that would not allow such a deal through a third party, that is, a representative. It is only in accordance with the Civil Code that it is forbidden to conclude any personal transactions through others. And the marriage contract is just such.

So, notaries will never agree to certify the contract in the personal absence of one of the spouses.

What documents are required to draw up a marriage contract?

To draw up and complete the marriage contract at the notary, a certain package of documents will be required:

The cost of concluding a marriage contract: Price

The cost of a marriage contract, as a rule, costs a large amount. It is usually concluded by those who have something to share.

The price of the draft contract depends on what prices are set in a law firm or notary office. So, drawing up a contract can cost within 3-20 thousand rubles. It all depends on complexity. The specific price will be called a lawyer, since each has its own prices.

It is also required to pay notarial services. First of all, there is a fee for the contract and it is 500 rubles. This is a fixed amount and it does not change depending on the region or notary. This amount is paid only for registration of the contract, as well as the notary note on the document.

But that's not all. The notary will additionally need to check the contract for compliance with the legislation, which also costs a lot. And besides, you can order a project right away from him for a fee.

Is it possible to draw up a marriage contract before marriage?

Yes, of course, it is allowed to draw up a contract and discuss all its conditions until the marriage is registered. But his action will begin from the moment the relationship becomes legal. If the newlyweds change their minds to register the marriage regardless of the reason, then the contract will remain paper.

Within the framework of the marriage contract, the fate of the property, which was acquired by each before marriage, is not determined. It will remain with the owner and will not share during a divorce. If someone wants to transfer property to another, then a gift agreement is drawn up for this. It is best not to display this deal in the marriage contract. In addition, it is also determined how the common property will be divided during divorce, which the spouses will gain together.

How to draw up a marriage contract in marriage?

When the couple legalized their relationship, she can always conclude a contract among herself at any time. Up to this point, except for personal, common property may already appear. Therefore, it is also added to the contract. The owner is also indicated. Moreover, the conditions of division of property, which have not yet been acquired, are determined.

The law determines that all property is considered joint property. But this does not include gifts, inheritance, personal use and intellectual property. By the way, debt obligations are also common. In order not to remain in a difficult situation without his savings and property, the contract can be determined that each spouse will independently extinguish his debts and remain with his property.

Of course, both options have their own advantages and disadvantages. For example, if one of the spouses is an entrepreneur, then, depending on the type of activity, the second spouse can get a lot, and it may lose everything. For example, you agreed on how you will divide the property and the business belongs to your husband. Of course, he can refuse to share it during a divorce. So, while everything goes fine, no questions arise, but it is worth a business to burn out and her husband will begin big problems.

He will have to repay all debts on his own, and according to the marriage contract, the property of the wife is considered her personal and she is not obliged to extinguish debts. It turns out that for the husband-businessman, such an agreement can become destructive, although the wife will not receive anything in the event of a divorce under normal circumstances.

Is it possible to conclude a marriage contract after a divorce?

The marriage contract is therefore called that two people can compile it while being married. Accordingly, the spouses can’t do anything in the divorce. Although, you can draw up another document and it is called - an agreement on the division of property.