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Marriage contract - all the pros and cons
27.05.2024 16:09
Love is love, but you always want to eat. Of course, when people get married, they expect it to be forever.
But, unfortunately, statistics say the opposite. And in order to avoid “killing each other” when dividing property in the event of a divorce, it is better to “agree on everything on the shore” and sign a marriage contract.
But can all issues be resolved with a prenuptial agreement? Let's figure it out, says Elena Valentseva .
The following points can be considered as clear advantages of a marriage contract:
1. A marriage contract allows you to establish a property regime (shared or separate) in relation to both already purchased property and property acquired in the future. For example, you can specify that cars purchased during the marriage will be the personal property of the husband.
2. It is possible to determine the order of payment of various obligations, for example, payment of utility bills is the wife’s responsibility, and payment of a consumer loan is the husband’s responsibility.
3. Establish a legal regime for the business – for example, income from the activities of an individual entrepreneur opened in the husband’s name is divided in the following ratio: 70% - joint for the family, 30% - his personal funds.
The disadvantages include the following:
1. It is not possible to regulate personal non-property relations of spouses by a marriage contract, for example, to prescribe household responsibilities - who cooks dinner and who cleans the apartment, as well as clauses on marital fidelity.
2. It is impossible to prescribe the procedure for communication with children or to stipulate with which parent the children will live in the event of a divorce.
It is important to know that a marriage contract cannot stipulate that in the event of a divorce, property will go only to one spouse, and nothing to the other.
Since unequal distribution of jointly acquired property entails infringement of the rights of the spouse, and this is the basis for recognizing such a marriage contract as invalid. Therefore, before concluding a marriage contract, contact a lawyer to determine all its terms.
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