As is known, property relations arise with marriage, which often cause conflict between spouses. That is why lawyers advise entering into a marriage contract, which will help to distribute areas of responsibility in advance and prevent mistakes in the possible division of property. In the event of a divorce, a family law attorney will help conduct the division of marital property as civilly and correctly as possible. Professional assistance guarantees the absence of material claims and in many cases helps to maintain civilized relations.<\/p>
Unfortunately, not always can married couples be satisfied with the letter of the law when considering their conflict situations. Naturally, you cannot please everyone. In most cases, the contract is signed by both spouses on the day of the wedding. But sometimes, by agreement of the parties, it is possible to sign a marriage contract after several years of living together in marriage. In such a case, the spouse (initiator of signing the contract) wishes to introduce conditions into the relationship – of a material or personal nature. The contract is concluded between the spouses, and only with their mutual consent – there must be good will of the couple to enter into the agreement.<\/p>
The marriage contract stipulates the most important aspects of family life. In the contract, one can stipulate the actions of the parties after divorce – what can be done and what cannot be done.<\/p>
A marriage contract is valid only when it is signed by the parties before a state notary. There is no single rule according to which the contract is drawn up; the parties themselves approve it, and the notary's role is to certify the fact of signing the document. From the moment of notarization and the marriage, the contract acquires the force of a document. The spouses receive one copy each of the contract, the third copy remains with the notary. There is an important condition when signing a marriage contract – it takes effect only after the wedding; in case of engagement termination, the contract loses force.<\/p>
Based on the laws of our country, spouses can only stipulate financial and property aspects of their lives. In the contract, one can provide conditions under which liability arises for violation of the contract clauses, conditions when part of the property is not subject to division in divorce – for example, property acquired before marriage, gifted, or inheritance from one side.<\/p>
The contract is concluded when one of the spouses is richer than the other, and upon divorce and subsequent division of property there is a risk of unequal division. Often, a marriage contract is signed as a precaution to avoid losing all property in a divorce. In this case, there should be no injured party – even the one who receives a smaller share is under state protection and is guaranteed a sufficient share of property to continue a secure life.<\/p>
The law regulates the relations of spouses and the presence of children – the interests of children must not suffer as a result of the contract. In addition, a marriage contract cannot be terminated unilaterally; the consent of the other party is required.<\/p>