Everything you need to know about a marriage contract

A marriage contract in our country is often perceived with caution - as a sign of distrust to each other. Indeed, at the wedding, no one thinks about the division of property - everyone celebrates, on the contrary, the unification of hearts, families, destinies and so on. And therefore, many consider the contract the prerogative of the rich, who "have something to share."

In fact, it is not necessary to have a lot of property and millions of money to have a basis for concluding a contract.

Why conclude a marriage contract at all

First of all, this is the protection of the rights of each of the spouses. A marriage contract is always concluded with a notary, without which it cannot be recognized as valid. Such a document "sets the rules" in the property sphere of family life. And if the rules are agreed in advance and clearly spelled out, then this will save the couple from many quarrels, offenses and omissions that occur when one of them, for example, loses his job, goes on maternity leave, hard gets sick, etc.

Yes, and relying on the generally accepted - "after a divorce, everything in half" is actually not worth it, because in family life there are many more difficult situations than one divorce.

A marriage contract can more clearly and in detail prescribe the rules for managing property in a particular crisis situations that are otherwise specified in the legislation and do not satisfy the needs of the spouses.

If you have movable and immovable property, jewelry, some valuable things, or at least a salary, then the contract can already be drawn up. He will also help to clearly determine the status of property that was purchased before the wedding or donated directly at the celebration.

Who can enter into a marriage contract

This can only be done by persons who have already officially registered their marriage, or those who have applied for registration. Accordingly, in the first case, it will be necessary to present a marriage certificate to the notary, in the second - a certificate of filing an application for marriage registration.

Persons living in a civil marriage cannot conclude a marriage contract.

He can be concluded between minors if they have already entered into marriage and have officially become capable from a civil point of view. Before marriage, the conclusion of a contract between minors is possible with the written, notarized, again, the consent of the parents or guardians.

How is the marriage contract concluded

This necessarily happens at the notary's office. The parties must provide a minimum package of documents: passport, TIN, marriage certificate or certificate of filing an application for marriage registration, for minors - parental consent go trustees.

It is important that the notary before signing the contract must clearly explain to each of the spouses his rights and obligations. Otherwise, the contract will be invalidated. In fact, in marriage contracts, a lot of mistakes are often made, which ultimately make it possible to recognize it as invalid. Let's talk about this below.

What can not be prescribed in a marriage contract

In Ukraine, a marriage contract regulates only property relations - and the conditions of personal relationships cannot be entered into it. This applies, for example, to cheating, fulfilling marital or parental duties, the obligation not to get fat, lose weight, stop drinking or buying, etc.

Also, the contract cannot contain conditions that grossly violate the rights of one of the parties, putting it in an extremely disadvantageous position. Otherwise, the contract can also be declared invalid by the court.

The contract does not prescribe the transfer of the entire property to the other party or the car, because this requires re-registration of the property.

What can be prescribed in a marriage contract

• Joint or separate use of this or that property acquired in marriage.
• Use of housing that belonged to one of the spouses before marriage: the procedure for "resettlement" in case of divorce, compensation or lack thereof to the party who is forced to move out, living in the apartment of the relatives of the wife or husband etc.
• Providing maintenance to one of the spouses. It is possible to prescribe both the conditions (illness, decree, loss of work), and simply the procedure for providing material assistance, regardless of the financial condition of the other party. Terms, conditions, amount of payments - all this can be prescribed in the contract.
• The procedure for the distribution of income and the implementation of expenses, who and how much income brings, is it personal or general, what part can the other party claim, what can they spend money on, and what - no.
• The procedure for using property that has not been purchased, but is planned to be purchased.

This list is far from exhaustive. In theory, absolutely everything related to money, income, expenses and property can be prescribed in the contract. However, the conditions must be feasible and not significantly infringe on the rights of one of the parties.

The contract is valid until the end of the marriage, but it may contain conditions that apply after the divorce.

It is important that a prenuptial agreement cannot be drawn up independently. This is a document in which every word must obey the rules of law. Otherwise, it is easy to appeal and invalidate it in court.

You will also be interested to read:

• How a woman can protect herself in marriage - advice from a lawyer
• 5 phrases you shouldn't say to your child's father
• 5 phrases you shouldn't say to your wife if you don't want a divorce