Marriage Contract: To Conclude Or Not?

Marriage Contract: To Conclude Or Not?
Marriage Contract: To Conclude Or Not?

Video: Marriage Contract: To Conclude Or Not?

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It just so happened that before the wedding, many future spouses believe that this event has nothing to do with real estate. But, as practice shows, they are all seriously mistaken. After all, you never know how circumstances will unfold, and how the future married life will turn out.


Yes, the life of spouses can turn out in the most sad way and come to a divorce. And this is where property disputes begin, often husband and wife start a real war over real estate. And a marriage contract can not only determine the rights of each of the spouses, but also generally defuse the situation.

However, despite this, marriage contracts are not very popular among the residents of our country. Thus, according to the experts of the BEST-Novostroy company, only 1% of the spouses who buy apartments have a marriage contract in their hands, where everything is written down, which is called "from" and "to", or they conclude it after the purchase of housing.

In turn, lawyer Mikhail Bril notes that a marriage contract between spouses is a completely civilized method of solving all housing issues, regulated by article 40.42 of the Family Code of the Russian Federation.

"I have had clients who at one time did not conclude a marriage contract, and then litigated for property for a long time. Divorces, when a husband and wife, for example, have two or three apartments, are always difficult and contradictory. while living together or before marriage, along the way it is necessary to resolve many issues. And the marriage contract removes all issues and solves all difficulties - after all, you can immediately see who and what belongs to in case of separation. For this reason, I am convinced that a marriage contract must be concluded - so that there were no quarrels, disputes and problems, "the expert says.

The main reason why spouses do not enter into a marriage contract is simple and understandable - people are afraid of offending each other with distrust. And it is not in Russian traditions to draw up papers regarding a possible divorce before the wedding or some time after it.

So what is the main problem that can arise in divorce and property disputes? According to experts, the least pleasant option is a section of an apartment that was purchased during a married life. According to the Family Code of our country, housing must be divided in half, but very few people are satisfied with this option.

So, what does it take to conclude a marriage contract? Everything is very simple here - you only need a notarial form, certified, of course, by a notary. At the same time, experts advise that the notary should be public and not private - in solving such an important issue, it is safer. Another important point is that a prenuptial agreement can be concluded both before marriage and at any stage of family life. Thanks to the marriage contract, it is also possible to determine the mode of use of property and debts.

It is impossible not to notice that in recent years such a phenomenon as a "prenuptial agreement of convenience" has appeared. According to Yulia Dymova, legal counsel of the Est-a-Tet department of secondary real estate, the most common option is when a person who suffers from alcohol addiction or a disabled person marries, which does not imply family relationships.

"In my practice, there was an interesting case when a person with a congenital mental defect married a young woman from the so-called near abroad. Since this person's apartment was not privatized, it was impossible to" take "it right away. It is for this reason that the woman, after joining into marriage, at first she was registered in it. And then the spouse survived from the apartment, proving that the spouse is abnormal and needs a permanent stay in a medical institution, "the expert says.

"A marriage contract of convenience" is a rather harmful and dangerous thing. After all, there is a great risk, chasing the money that is owed for a fictitious marriage and a very real marriage contract, to be left without a roof over your head.

If we return to the normal marriage contract, its importance and necessity is also explained by the fact that you should not expect that part of the property acquired in marriage will definitely get you in the event of a divorce. This is often an erroneous and quite a line. That is why it is better to conclude a marriage contract - this is the only way to avoid many real problems.

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