Educational program: what guarantees does a marriage contract provide?

What is the essence of a marriage contract and what guarantees does it provide? in the program «Mood» on TVC channel Ekaterina Leksakova, Acting Chairperson of the Federal Notary Chamber Commission on Image, Interaction with the Media and Public Organizations, explains.

The main thing about a marriage contract is that it changes the regime of joint property established by law for everything that the spouses acquired during the marriage. In the absence of a marriage contract, this property is divided in half, and when concluding one, the married couple can determine a separate regime or agree that some property belongs to one of the spouses, and the rest is joint.

For example, you can stipulate that the dacha will belong to one of the spouses, the car will go to the other, and the apartment will remain in joint ownership. Debt obligations can be distributed in the same way — for example, a mortgage or a car loan.

At the same time, a marriage contract regulates only property relations; it cannot stipulate issues of personal relationships, distribution of household responsibilities, or the nuances of raising children.

A marriage contract can be concluded before marriage, in which case it will be valid from the date of marriage registration. It can also be done at any time during the marriage. Then the document will come into force from the moment of its notarization.

In this case, the marriage contract can provide for the right both to future property and to the property that already exists on the date of the contract.

If the spouses wish to change the terms of an already signed marriage contract, they can do so at any time by concluding a corresponding agreement.

The growing popularity of marriage contracts can be explained by the increased financial literacy of Russian citizens, as well as the fact that this instrument has already proven itself to be convenient and effective.

The more clearly everything is discussed, weighed and secured, the fewer questions arise. In some cases, concluding a marriage contract even helps to save the marriage— noted Ekaterina Lexakova.

VIDEO — HERE.

source: Notary Chamber of the City of Sevastopol