How to draw up a marriage contract: a sample document and where it can be drawn up
A marriage contract allows spouses to divide jointly acquired property during a divorce, while the division is provided for by them in advance.
Drawing up a marriage contract: rules and features
Before marriage, many people are interested in how to draw up a marriage contract in order to avoid problems associated with the division of property in the event of a divorce. According to the Family Code of the Russian Federation, this contract can regulate property relations between spouses. This means that personal relationships and provisions relating to common children and other aspects of family life cannot be included in this document.
Lawyers name the main points on how to draw up a marriage contract correctly, taking into account all the rules and features of signing a document:
1 The drawn up contract, in which two parties take part – the husband and wife, is subject to mandatory notarization, only in this case the document comes into force.
2 A marriage contract can be entered into by people who are already spouses or by persons who wish to marry.
3 If the contract is concluded before the wedding, the document will enter into force only after the conclusion of the marriage union.
4 The document should not contain any provisions that infringe or restrict spouses in the actions, rights and opportunities to enter into business transactions.
5 The document cannot regulate personal relations between spouses: how much time a married couple spend together and how to behave in a family – this should not be in the contract.
Where and how to draw up a prenuptial agreement, being married, and before the wedding
Using the marriage contract, it is possible to distribute the obligations of the spouses for the payment of loans issued after the wedding, as well as to establish the distribution of family income. Most often, clients turn to a notary with a question about how to draw up a marriage contract in marriage, since usually they come to this decision after the wedding. In principle, the process of concluding a contract before marriage and after the wedding is no different, because the contract comes into force only after the marriage.
You should know that the marriage contract, like many other documents, is created in triplicate, the spouses sign each of them. After that, the notary certifies all three copies, gives the document to each of the spouses and keeps one contract with him.
At the same time, how to draw up a prenuptial agreement after the wedding, many newlyweds are interested in the question of how long the document is valid. The effect of the drawn up contract continues throughout the entire period of family life, but with mutual consent, the spouses can change or terminate it. If one of the spouses does not agree to change the clauses of the contract, the validity of the document cannot be stopped.
The main question of people entering into marriage and deciding to conclude such a contract is where and how to draw up a marriage contract so that it is valid after a while? If the signing of such a document is the desire of one of the spouses, he is obliged to obtain the consent of his wife or husband for such an action. Then you need to draw up a rough plan of the contract, listing all the important points in it, and only after that you can go to the notary to draw up and sign the document.
The notary will provide his clients with a sample of how to draw up a marriage contract, and, focusing on it, the spouses fill out the document. Going to a specialist, you must have a passport, a marriage certificate, if the persons are married, documents of ownership.
When drawing up a contract that provides for the property rights of the spouses, it is important that the essence of the contract is recorded as clearly and accurately as possible. The amounts and dates indicated in the document must have numeric and alphabetic designations. Full name and addresses, as well as the names of state bodies in the document must be indicated in full, without abbreviations.
The document can be drawn up at any stage of family life, it is not necessary to do this immediately after marriage. By mutual agreement, the spouses can amend the contract, often before the next real estate transaction.