The divorce of humorists Yevgeny Petrosyan and Elena Stepanenko leaves no one indifferent. The deputy of the Legislative Assembly of the Leningrad Region, Vladimir Petrov, proposed to legally oblige newlyweds to conclude marriage contracts without leaving the registry offices, where this service will be provided free of charge, so that later they do not go to the courts and do not divide property. "360" talked with experts to understand how necessary this initiative is.
Family law specialist Victoria Dergunova considers this initiative unviable. She noted that young people who are getting married for the first time simply do not need such a prenuptial agreement, since they simply did not have time to acquire any property.
“What can they possibly agree on? They will quarrel and will not reach the registry office, because they will compose various life situations that they may or may not have,”she explained.
Today in Russia there is a law that regulates the institution of joint ownership. According to him, everything that the spouses acquired in marriage is divided equally, if nothing else is provided between them by the marriage contract.
“If we did not have the institution of joint ownership, the law would not regulate this at all, then, of course, we could ask the spouses to come to an agreement before marrying. But, since we have freedom of agreement, now it is not entirely clear why to force them to agree on something,”explained Victoria Dergunova.
She also stressed that if this initiative is approved, there will be no reduction in the burden on the courts. And in some cases, it will simply increase, since they will first try to challenge it in court, and only after that, again through the court, they will start dividing the property.
“They will say that life circumstances have changed, and if they had known earlier, he or she would not have signed this marriage contract at all,” a family law specialist modeled the future situation.
Not before the wedding, but before the divorce
She noted that today a marriage contract is concluded in three cases: in an unequal marriage, in a second and subsequent marriage, when both future spouses have already gone through a divorce and felt the division of property, and the third case when one of the spouses is engaged in business and marriage the contract is concluded to preserve assets in the family and protect it from its own bankruptcy or creditors.
“I had a case of unequal marriage. The bride was the initiator of the conclusion of the marriage contract. The groom signed this document without any hesitation. But in their family, they viewed the marriage contract as a sign of trust: love is love, and money is apart,”shared Victoria Dergunova.
She emphasized that in her practice, most families prefer to conclude a prenuptial agreement not before the wedding, but before the divorce. Since it is easier to divide property, peacefully agreeing, than to give everything to the mercy of the court.
“At the time of divorce, the spouses want to agree on three disagreements they have: alimony obligations to children, this is the procedure for raising children and the division of property by concluding a marriage contract,” she explained. This decision is usually made by adults, mature people.
The document prescribes everything related to property rights, from the right to securities, real estate and transport, to the terms of who will pay off loans and repay debts.
Agree in advance
The country's main matchmaker, host of the Let's Get Married and Meet the Parents programs, Roza Syabitova believes that a marriage contract must be concluded without fail, but everyone cannot be forced to do it.
“These are the same agreements on the shore. But the east is a delicate and voluntary matter. Therefore, it is wrong to oblige and force everyone, but it makes sense to carry out certain activities, especially in the registry office, to popularize the conclusion of marriage contracts,”she said in an interview with“360”.
The TV presenter stressed that if she is going to get married, she will definitely conclude a marriage contract, and she will definitely convince her children and grandchildren to do this.
According to her, this allows many issues to be resolved in advance. But, the main thing is that when proposing to conclude such a contract, none of the parties should be offended, because many perceive this as a lack of trust.
“For comparison, if the bride insists on some expensive dress, then I always say: you will lose the groom. Marry him, and he will buy you later,”she said.
A correctly drawn up contract can only strengthen the marriage, Roza Syabitova is convinced. But, if someone does not agree, is not ready to conclude it, then it is better to listen to someone who understands this, to tell about all the pitfalls.
“Marriage is a union for two. You should always listen to the opinion of your husband or wife. Why argue here? We went to a lawyer and got advice,”explained the country's chief matchmaker.