For many modern couples the marriage contract — is absolutely obscene document, because as you can discuss what and who would get in case of divorce, when you are mad about each other and everything is just beginning? But as you know, love comes and goes, even the strongest unions sometimes break apart with a Bang, so why not take care of themselves in advance. It will save you money, time and nerves — says the lawyer Yulia Nikiforova. How to write a marriage contract on favorable terms, she told Aify.
Russia is not America
Natalia Kozhina, Aiphe: Julia, what areas of life it regulates the marriage contract in Russia?
Whether in a civil marriage and get a prenup?
Julia Nikiforova: Exclusively property relations. In a divorce, this document helps to share apartments, cars, villas, plots and many more. You can enter into a prenuptial agreement, all property, down to the towels. But this document does not regulate relationships with children and internal relations between spouses. Because it comes from the time of the divorce, when you get a certificate.
— As far as I know, in America the marriage contract covers a variety of aspects of family life, you can even prescribe how many times a week the wife should fulfill their marital duty. Is it really so?
— Yes, but in Russia these clauses are legally unenforceable. The scheme is not worked out. For example, if you write that the wife keeps the house in case of her husband’s infidelity, the court will face those that will not be able to prove the actual adultery. In addition, the notary will not assure you have a prenuptial agreement, which is based on personal relationships. The document can be reflected all that relates to property issues: the house in Spain is the wife, the apartment in Moscow — spouse, etc
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But why the US can prescribe some personal things, and we do not?
— In America has come to this much earlier, they have a similar practice has been used for about 40 years. And in Russia it appeared just 10 years ago. Still for many Russians, the invitation to create a marriage contract is somehow an insult. Spouses are afraid to talk about it. While there is nothing wrong with this contract no. Yes, each of us wants to make a great marriage, but let’s be honest, this is not always possible. In the United States increased emphasis on the rights of the family than we do. Let’s see how they are divorce and issues with children. In Russia, whatever the mother, the court, as a rule, she is keeping the baby. Though the dad in this case can be no worse. It all echoes the once-prevailing practices. We see a similar situation with the marriage contract.
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— How many pairs decided to conclude an agreement?
— Last year, this document was only 20-30% of couples. By the way, most of them does it before the wedding, and have lived in marriage for some time. Some dare to take this step when they feel that their family relationships are going to divorce.
— Is it a difficult procedure?
— Absolutely simple. A tripartite agreement is drawn up by a notary, i.e., each participant of this meeting is its own instance. You sign up for a certain time, misleading you in advance which documents you need to bring to immovable and movable property, also you should have all the registration numbers and evidence, supporting documentation for purchases. Usually takes only a few hours. Importantly, the couple themselves knew at the time of writing the contract how it will look, who gets what in case of divorce.
The standard cost of document — 10 500 rubles. Rarely there are cases when large volumes of property the notary takes an additional charge in the amount of 2500 rubles for each additional page. Overall, this is an inexpensive pleasure.
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— History, when tear-stained wives tell that they slipped the marriage contract, violating their rights is not uncommon. The ambiguous points can be spelled out in the document, what to pay attention?
— As you are Contracting in the presence of a notary, he will not allow any ambiguities. You all will read, moreover, will be asked to read paragraphs out loud. Your task is to take seriously this moment. Inattention is a frequent phenomenon in the preparation of the marriage contract, so I recommend to sign only one document that you know from before. Give an example of a standard contract item: stocks and shares in the business belong to the spouse in whose name they were issued before marriage or in marriage. Practice shows that this point is often no one reads. And then the question arises: cars and apartments we shared, and the business belongs to whom?
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I want to assure you that today you are unlikely to encounter misrepresentation. You don’t write what would be contrary to the law or act against you in the future.
— If the notary is a good friend of my husband, he can prescribe some ambiguous points?
— I think no one wants to lose their positions even for a good friend. Violations always there, and they can serve as a pretext to apply to the notary chamber and eventually to deprive the notary of his status. Similar cases have taken place 10-15 years ago when it was just beginning. A prenuptial agreement is not a will, when a person is no longer alive, no one to ask and not to prove what state the decedent wrote the document.
Nerves and money
— Can you challenge a prenup?
Yeah, but then you have to prove that one of the spouses at the time of signing of the contract was insane. And if he was in a bad state, why the notary assured the document? He had no right to do it. For this reason, prenuptial agreements are very heavily contested. Statistics of 1-2%.
— How many points is optimal?
— There are standard items for any contract (6-7 pieces), the rest you add, depending on the volume of your property. There are contracts for ten sheets or more: described house, gold taps and crystal vases in it. Someone describes fur coats, jewelry. The number of points you no limit, the maximum can be any. Occasionally you can even pan, but you must have a check, which will confirm that you bought them.
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Is it possible to amend the contract?
— Yes, with the consent of both parties. Also, you may sign a new contract if necessary, then the old will automatically expire.
— If people do not constitute a marriage contract, what happens to the property that they owned before the marriage and jointly acquired property?
All marital property is divided between spouses in half, it’s undeniable. If the family has 2-3 children and women do nothing, then sometimes leave it 2/3, but it is proved in court.
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With regard to property acquired before marriage, nothing happens. All a gift from my parents, got you by will not share with anyone. Figuratively speaking, I today bought an apartment and this weekend I have a wedding, then to this apartment my husband never any claims will not have.
— In which case it is necessary to draw up a contract?
Seeing how the number of divorces occur among couples I would in any case amounted to a marriage contract. It will save you strength, nerves and even money. We have so tightened the judicial system, sometimes the claim is accepted and assigned for consideration for 1.5–2 months! Usually when people divide their assets, they have this procedure takes no less than a year. 10 500 rubles — a ridiculous amount, so why not invest it in the right thing. People should not be afraid of dialogue about the prenup. I repeat that this is not an insult to the husband or wife, this is a civilized approach. I’m always all friends suggest to not hesitate to discuss this question with your other half. Why not? This simplifies life. Unfortunately, the ones who tells me that never in my life would not sign a prenup, as she and her husband are so fond of each other, in the end, come and say: “Help to divide property”. Sometimes people are so exhausted by the relations that they have no strength in litigation, so better to register the disputed property issues.