The execution of a marriage contract
It is not accepted in Russian Federation to discuss before marriage the conditions for terminating the union, the issues of paying alimony to the spouse, and the procedure for sharing property rights and obligations. At the same time, the country’s divorce rate is more than 60%. Therefore, before forming a union, it is advisable to take a sober look at property relations and conclude a marriage contract.
The conclusion of a marriage contract
A marriage contract is a document that provides for the division of personal and joint property of spouses, the procedure for generating general and personal income, the conditions for the payment of alimony and many other property issues both during the marriage and when it is terminated.
The contract may be concluded during the marriage or before its execution. But it takes effect only from the moment of marriage. During the divorce period, the document becomes invalid. With the exception of clauses provided for in case of termination of the union.
The law prohibits the inclusion in the document of regulation of personal non-property relations. Therefore, the document regulating the apartment cleaning procedure is immediately considered invalid. The law provides for a written notarial form for a document.
The contract execution procedure requires the active participation of a lawyer. Forms that are offered by a notary or credit organizations do not correspond much to the real state of affairs.
The credit institution provides for the protection of its own interests in the document. A notary establishes a fixed cost of services, so he has no interest in a complete and comprehensive analysis of the situation.
Therefore, to prepare a draft contract, it is advisable to connect a qualified lawyer.
Legal services for execution of a marriage contract
A lawyer will help:
- prepare documents;
- conduct a legal analysis of the wishes of the spouses;
- explain to the parties the consequences of the paperwork;
- assess the property of the parties;
- agree on the terms of each of the parties;
- draw up a draft contract;
- send documentation to the notary’s office.
Important! A marriage contract cannot be signed without the personal participation of the parties. When contacting a notary public, a lawyer can only accompany the principal, but cannot sign an agreement in his place.
Assistance from DTK Partners
When concluding a marriage contract, it is advisable to entrust the support process to the DTK Partners legal agency. The company’s specialists have many years of experience in the design of contracts.
We offer:
- Confidentiality. You can be sure of the safety of your family secrets.
- We will help to protect your property interests during the marriage and in the event of its dissolution.