Prenuptial agreement: pros and cons - prenuptial agreement: pros and cons

RAZVODis.RU Divorce Marriage agreement

• Positive sides
• Negative sides
• Instead of a total

Positive sides

• The most important advantage of a prenuptial agreement is the ability to make the relationship between spouses strong and safe. Agree, why divide something or think about something if in a divorce you will lose and gain nothing except freedom. Solid advantages on all sides, right?
• As part of the marriage contract, it is possible to determine the boundaries of the property of the wife and husband. For example, you can list everything you have and write who will own what after the divorce. For example, a house for a wife, a car for a husband, etc. A seemingly ordinary division of property during a divorce can turn into “mind games” when everyone wants to take everything or take revenge by taking what the ex-spouse loves most.
• The contract specifies both property acquired before marriage and during marriage. This will also allow you to quickly separate, without additional evidence that this is yours and not your ex-spouse’s. This is one of the most important advantages of the contract.
• This agreement allows you to protect your property if suddenly claims arise for the debts of the second spouse. This is an important plus in modern realities of life.
• The interests of the children can also be specified in the contract. But it is worth remembering that according to the law, the rights of a child cannot be infringed. Therefore, in the clause about children there may be, for example, mandatory payment for education abroad or the annual provision of money for a trip to the sea. It is clear that alimony is not excluded by this clause, but is only a plus.
• The agreement allows you to distribute the financial issues of the future family. For example, a trip to the sea must be paid for by a spouse, and the purchase of groceries must be paid for by the spouse in half. This will be a real plus in a family idyll. Agree, many quarrels are based on who owes what to whom.
• Another advantage of the contract is that you can prescribe mandatory financial assistance to a spouse who has become incapacitated during marriage. This will allow you not to be afraid of being left alone with your misfortune, which most often happens when one of the spouses becomes disabled. The agreement allows you to close the issue of debts and loans. Thus, according to the law, during a divorce, debts are distributed equally between the ex-spouses. The prenuptial agreement can specify which spouse will assume all existing debt.
• Here you can indicate the rights of your parents. For example, mandatory provision of housing to spouses’ parents if they are raising their minor children. This is a plus, both for parents and for the interests of children.
• The marriage contract is registered and certified by a notary, which guarantees the transparency and reliability of the transaction. In a world where everyone wants to cheat, this is a huge plus for a fair deal.
• This document will allow you to receive financial compensation in the event of a divorce from your spouse due to his infidelity or inadequacy (alcoholism, drug addiction, aggression). It is enough to include these conditions in the agreement.

By agreement of both parties, the document can even indicate the number of intimate contacts between spouses over a certain period of time. But during a divorce, this point will not be considered by the court, since only property issues are within its competence. If your future spouse doesn’t mind, then you can include in the document how many cats he is willing to tolerate in his home.

Negative sides

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• The main disadvantage is that, according to the previous generation, it is indecent and violates the idyll of a couple in love.
• It should be borne in mind that according to statistics, at least 20% of couples do not reach the registry office due to conflicts that arose at the stage of drawing up the marriage contract. Maybe it’s for the better, and this point should be considered one of the advantages of the contract?
• There is always the possibility of an element of “coercion.” Despite the fact that the transaction takes place in front of a notary and both future or existing spouses agree to it, this does not mean that one of them did not use illegal methods to force the other into this transaction. This is a significant disadvantage of the contract
• A state fee must be paid for drawing up and certifying the document. If the contract includes property that requires valuation, the state duty increases.
• The contract comes into force immediately if the couple is already married. If they are just about to enter into a union, then the contract will be valid only after the official receipt of the marriage certificate. This clause is difficult to attribute to the plus or minus of the contract; it is rather on the neutral side. If there are ambiguous wording, the division of property and the divorce itself may be delayed. And in the worst case scenario, the agreement may be declared invalid by the court. This, of course, is a significant disadvantage of the contract. After all, in essence, the couple who signed it is convinced of the inviolability of the document and their security.
• It is impossible to predict all situations that may arise in a marriage or during a divorce. Therefore, it is not an exception that the notary will have to be visited more than once to “redo” the marriage contract, and no one was against its content. And this, unfortunately, is an additional financial expense for the family budget and a minus for the marriage contract.
• Periodic changes in laws. This point is a minus in the “modernity” of the marriage contract.
• The risk that the marriage contract may be declared invalid by law. For example, your ex-husband was incapacitated at the time the contract was concluded, but managed to hide this fact. And unfortunately, it is difficult to argue with this “minus” in court.
• Not everything can be stipulated in the contract and this is a minus. Some terms cannot by law be included in such a document.

The following conditions are not specified in the marriage contract:

• It is forbidden to include in the document items related to personal and non-property relations in marriage. This is due to the fact that they cannot be regulated under existing legislation. It’s a pity, for many this is a significant minus in the contract;
• it is impossible to prescribe the rights and obligations of a husband and wife in relation to their children, since this is all provided for by the Family Code and can only be an addition, but provided that it is not directed against the interests of the child;
• include clauses that would limit the rights or actions of the spouse. Anyone in a marriage can file for a prenuptial agreement to be terminated, modified, or declared invalid. No one can tell a spouse what to do, who to make a will for, or where to receive income, unless it is a criminal activity. For many women, this is a big disadvantage of the contract;
• the document cannot have elements of a will, therefore it does not address such issues as how and to whom the property will remain in the event of the death of one of the spouses.

Instead of a total

We must not forget that a marriage contract is the right of spouses to thus resolve their property issues. No one can force you to sign this document without your desire.

The benefits of a marriage agreement are obvious for people who have their own business or good financial resources with a large age difference between spouses.

Whether to start your marriage with a prenuptial agreement or not is up to you. Do not forget that this document regulates only the financial and property side of your marriage and is not a step towards divorce. On the contrary, a marriage contract is a timely gift to the family in case of an unforeseen divorce, from which no one is insured.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

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The main pros and cons of a prenuptial agreement: weighing the pros and cons

Features of a marriage contract

• With the help of a contract, you can change the regime of joint ownership established by law, change the system of common or shared ownership, and also provide for other situations related to property relations in marriage.
• In addition, the provisions of the document can determine the division of family income and regulate the maintenance of both spouses both during marriage and after it.
• Its main points are:

• Regime of ownership of property acquired during or before family life;
• Rights and obligations of partners for mutual financial support;
• The procedure and timing for changing provisions;
• Conditions for termination of the agreement.

Its main features that characterize its status are the following:

• It cannot regulate non-property relations;
• It requires a written form certified by a notary;
• It can be issued before and after marriage registration;
• It can be terminated by agreement of both parties;
• It is not subject to state registration.

What conditions cannot be included in the contract?

The following provisions may not be included in the agreement:

• Regulating personal relationships between husband and wife;
• Reflecting the obligations of spouses and their rights in relation to joint children;
• Limiting the capacity and legal capacity of each of the parents;
• Prohibiting recourse to judicial authorities for termination, modification of a marriage contract or recognition of it as invalid;
• Restrictions on the rights of the parties to conduct business, draw up wills, register inheritance property, and receive individual income.

Main advantages

An agreement between spouses has many advantages, which include the following circumstances:

1. It can be drawn up before marriage, as well as after its registration on any day. Its presence will protect you from conflict situations and disputes during the division of property in the event of a divorce. In addition, the close relationships that accompany the creation of a married couple will make it possible to provide for the interests and rights of all parties without emotions.
2. The agreement allows you to decide the ownership of property at different periods of the relationship: before the registration of a family union, during and after it. Owned personal property acquired before marriage will remain the individual property of the party to whom it belonged. The agreement can determine the fate of property acquired in family life or establish its share, indicating the size of the parts, or preserve common joint property.
3. He can establish the ownership of things received as a gift. In order to avoid disagreements regarding gifts, it is better to stipulate their further nature and what will be due to whom in the event of separation.
4. By concluding a contract, in the event of a divorce, there will be no disputes regarding the division of property. As a rule, it causes a lot of trouble, and the more acquired during the family union, the more fierce the struggle develops between the ex-husband and wife. And if you still can’t reach an agreement, you have to go to court and go through the unpleasant process of judicial division of your property. A formalized agreement allows you to avoid such torment.

For example, before a man got married, he started a company. During the period of family life, funds were withdrawn from the family budget and invested in the development of entrepreneurship. After the breakup of the marriage, the wife demanded part of the value of the business. In the process of litigation, a lot of money had to be spent on conducting assessments, analyzing documentation, and calculating income over time.

Here are a few more advantages:

1. With the help of a contract, you can determine the financial capabilities of a married couple. For example, estimate cash receipts, determine responsibilities for their expenditure, plan large acquisitions and divide them. The document can specify any points that provide for the real state of the couple’s financial affairs.
2. The agreement helps resolve the issue of debt obligations and loans. They are also subject to separation in the event of divorce. The contract can stipulate which of the parties owes the debts and who must fulfill them.
3. The document may contain the distribution of family income and expenses. It helps organize the family budget and distribute income. This can be done in great detail, even including the purchase of groceries and payment of utilities.
4. A marriage contract may establish the maintenance of a disabled or needy husband/wife in the event of separation. In addition to the legally established grounds for maintaining the second spouse, he can significantly increase the amount of financial assistance received, establish the amount and timing of receiving financial support.

When drawing up a legally correct and complete document, checking the legal capacity of the parties and notarizing a marriage contract, you can count on the transparency of contractual relations and the security of their regulation between the participants of a married couple.

Main disadvantages

In addition to the positive aspects, the document also has negative aspects. These include:

1. Most residents of our country consider it selfish and indecent to discuss material matters on the eve of a wedding. Although signing obligations in relation to a friend indicates honesty and mutual understanding between family members, and not about false concepts of decency.
2. Payment for notary services. Execution of an agreement, its termination or amendments to it requires notarization. Frequent visits to a specialist will entail considerable costs.
3. Changes in regulations. Significant amendments may lead to changes in the drawn up contract or its termination altogether, since it may simply be invalid. There are known situations where, under such conditions, the document lost its relevance, and the separating spouses had to divide property in court.
4. The difficulty of legislative regulation of family relations. When drawing up a contract, it is difficult to provide for all aspects of family life. Well, if you need additions to the marriage regulations, you will have to contact the notary’s office again.
5. Controversial provisions of the contract. Points must be clearly worded to avoid double interpretation. Uncertainty may lead to litigation and disputes, as well as invalidation of the document. To avoid such situations, you should contact specialists who are highly qualified and experienced in resolving such cases to draft a legally competent and detailed text.
6. The agreement regulates only property relations. When it is concluded, it is impossible to introduce provisions regulating other aspects of family life. For example, questions regarding the maintenance of children in the event of a divorce and the procedure for dividing property after the death of one of the parties are prohibited by law.

There is also a ban on describing the personal relationship between husband and wife. If such aspects are discovered, the agreement may be invalidated in whole or in part.

1. Divorce is expected in advance. Psychologically, such a document sets up family members to separate, thereby undermining the power of attorney and destroying mutual understanding between them. When concluding it, each party tries to protect itself in the event of separation. But it is probably not very reasonable to expect that divorce is impossible. And taking care of protecting your interests in advance is much more advisable than living with disappointments and financial losses.
2. Coercion to sign. There are no guarantees of transparency in the contracting process. Sometimes, even with the outward voluntariness of its execution, there is a possibility of manipulation or pressure from one party to the agreement or family members. This often concerns marriages registered by couples with unequal financial status.
3. Acquisition of legal force. When an agreement is concluded before the start of family relations, it comes into legal force only from the moment of their registration.

Who and when can conclude

Sometimes a family that does not plan to formalize their married life wants to draw up a contract. It will not have legal force. Analysis of judicial practice indicates that without official registration, such a document does not establish the regime of ownership and disposal of property.

In what cases is it advisable to conclude

It must be concluded if:

• One of the spouses owns a business and he may suffer when dividing property;
• There is a desire to provide decent support for children born in marriage;
• There is no point in spending huge amounts of money on a qualified lawyer;
• I would like to save my nerves during the divorce process;
• One of the parties is supported financially by their spouse;
• There is no confidence in the adequacy of the behavior of the other half;
• The husband/wife has an excessive craving for financial values.

To summarize, I would like to note that a marriage contract is an effective tool for regulating material relationships in the family.

It will benefit those spouses who want to preserve and increase their property and financial assets, for whom the costs of legal support and notary services are not significant compared to possible property losses due to family conflicts.

This category includes persons conducting entrepreneurial activities or having significant assets in their possession.

Prenuptial agreement: pros and cons

For many couples, especially during periods of passionate love, it seems that concluding a marriage contract is something prosaic, belittling their feelings, and, therefore, bringing divorce closer. However, in fact, a prenuptial agreement even strengthens feelings. After all, it is often property disputes that become a stumbling block for spouses, and if everything is determined in advance, there is no need to quarrel.

Actually, the fear of the term “nuptial agreement” is one of its few disadvantages. The second disadvantage is that the document, of course, will not be able to keep the spouse from infidelity. Everything else is rather a plus. Let's try to figure out what and how can be settled with the help of a marriage contract.

A prenuptial agreement or marriage contract, as most citizens are accustomed to calling it, is an agreement between persons planning to get married or an agreement between spouses.

A prenuptial agreement is aimed at defining the property rights and obligations of each spouse, both during marriage and after its dissolution. The rules and procedure for concluding a marriage contract are regulated by articles of the Family Code of the Russian Federation (Chapter 8).

Since a marriage contract is a bilateral transaction, the completion of which requires the expression of the will of both parties, the rules of Chapter 9 of the Civil Code of the Russian Federation (“Transactions”) apply to it.

A prenuptial agreement can be drawn up both before marriage and during the entire time that the persons are married.

If the marriage contract is concluded before the marriage is registered, it acquires legal force at the time of state registration of the marriage.

If the decision to conclude a marriage contract is made by spouses who are already married, then the moment of concluding such a contract is recognized as the moment of its certification by a notary.

A marriage contract is drawn up in writing; the text of the document must contain all the essential conditions on which the spouses have come to an agreement. Certification of the marriage contract by a notary is mandatory.

If necessary, a notary will not only certify the marriage contract, but also help draw up its draft.

Before certifying a marriage contract, the notary is obliged to explain to the spouses their rights and obligations, the meaning and meaning of the contract they are entering into, and warn them about the legal consequences of its conclusion.

Since a marriage contract regulates property relations between spouses, therefore, the subject of the contract is property, both joint and of each spouse.

This means that you can indicate that, for example, at your dacha you will be able to live in turns in the event of a divorce, the wife will take all the household appliances, and the husband will get the garage. By mutual agreement, when concluding a marriage contract, spouses can change the regime of joint ownership established by the Family Code.

They have the right to establish a regime of separate and shared property relating to all property, certain types and property belonging to each of the spouses.

The law allows spouses to include in the marriage contract any conditions relating to their property relations, including: - the procedure and methods for incurring family expenses; - the procedure for providing financial support to each other (both during marriage and after its dissolution); — determination of the property transferred to each of the spouses upon divorce;

— other conditions that do not contradict the provisions of the Family Code of the Russian Federation and other legislative acts.

A prenuptial agreement can be concluded both in relation to property currently available and in relation to property acquired in the future.

When concluding a marriage contract, it should be taken into account that the following conditions cannot be included in it:

- restriction of the legal capacity of any of the spouses (prohibition on going to court to protect their rights and interests, on conducting business activities, on inheritance, on drawing up a will, on receiving income);

— conditions for regulating personal relations between spouses. That is, it is impossible to write that a wife should not speak in a special tone, and a husband should not look askance at his wife; — determination of the personal rights and responsibilities of spouses in relation to their children; — restriction of the rights of a disabled spouse in need of maintenance; - other conditions that put one of the spouses in an unfavorable position and contradict the norms of family law.

In order to change or terminate a marriage contract, an agreement between the spouses on this issue is required. The agreement is drawn up in the same form as the marriage contract itself. Amendments to the contract or its termination are possible at any time by mutual consent of the spouses. The law does not allow only one of the spouses to refuse to fulfill the contract.

In accordance with the rules established by the Civil Code of the Russian Federation for amending and terminating contracts (Chapter 29), a marriage contract can be terminated in court at the request of one of the spouses. The marriage contract terminates from the moment of divorce.

If the contract provided for the obligations of the spouses after the divorce, such obligations remain in force after the dissolution of the marriage.

an official authorized by the state who has the right to perform notarial acts on behalf of the Russian Federation in the interests of Russian citizens and organizations (legal entities).

union of a man and a woman registered with the civil registry office.

Unregistered de facto marital relations (civil marriage) do not give rise to legal consequences - that is, the rights and obligations of spouses in accordance with the Family Code of the Russian Federation, just like a marriage concluded according to a religious rite. Registration is carried out only in the personal presence of those entering into marriage; representation in this case is not allowed.

This is an agreement of persons entering into marriage, or an agreement of spouses, defining the property rights and obligations of spouses in marriage and (or) in the event of its dissolution. The marriage contract is concluded in writing and is subject to notarization.

an agreement between two or more persons to establish, change or terminate civil rights and obligations.

Pros and cons of a prenuptial agreement

A marriage contract is an agreement between spouses, including future spouses, on the division of property, as well as on mutual property rights and obligations. Before deciding to conclude one, the parties should understand the pros and cons of a prenuptial agreement.

Features of concluding a marriage contract

The contract is drawn up in writing and certified by a notary.

In it, the husband and wife (bride and groom) have the right to include any issues related to material relations in the family, provided they comply with current legislation.

The content requirements are set out in Art. 42 IC RF. A marriage contract can be concluded by all legally capable persons who have a marriage relationship or are planning to enter into one.

Advantages of a prenuptial agreement

Among the advantages of concluding a contract are the following:

• It is possible to conclude a contract at any stage of the marriage relationship. When the marriage has not yet been registered, the contract will come into force from the date of registration. If the parties are already married, the contract is valid from the date of its execution.
• A prenuptial agreement allows you to clearly define what property will belong to whom in the event of a divorce. In this case, the list can include both the property available at the time the contract enters into force and that which the spouses intend to acquire. This helps to avoid possible proceedings in the event of divorce.
• Property can be divided at the discretion of the spouses. In the absence of a contract, everything acquired during marriage is joint property, regardless of whose money it was acquired with. In this case, the type of ownership can be determined for each unit of property separately.
• The agreement helps resolve the issue with the loan. A contract is often concluded if one of the spouses intends to take out a mortgage or take out a large loan for business development, and the other party is against it.
• The contract allows a disabled spouse to receive additional financial support. At the same time, the disabled person will receive the minimum established by current legislation in any case.
• The agreement regulates the contribution of each spouse to common family expenses.
• Notarization of a transaction nullifies the possible invalidation of the contract due to the incapacity of one of the parties. The notary is obliged to verify this before the contract is certified.
• During any period of validity of the contract, any changes that the parties have come to by drawing up an additional agreement can be made to it.
• A prenuptial agreement helps avoid lengthy legal proceedings during a divorce.

A lawyer will tell you about the pros and cons of a prenuptial agreement:

Disadvantages of a prenuptial agreement

Writing agreements between spouses on material issues also has a number of disadvantages:

• The most common question that arises is of an ethical nature. If one of the future spouses initiates the conclusion of a marriage contract, the second may accuse him of mistrust and selfish intentions.
• Certain clauses of the agreement may become invalid as a result of changes to the current legislation, primarily the Family Code. Since a marriage contract is concluded in most cases for an indefinite period, during this period legislative norms may change several times and the parties will be forced to draw up an additional agreement.
• A prenuptial agreement does not cover all aspects of a marriage. It regulates exclusively material issues.
• Concluding a contract requires material costs, as you will need to pay a fee and notary services. In addition, it is better to entrust the drafting of the contract to a lawyer experienced in family matters to avoid ambiguous wording. This, in turn, will avoid litigation, but will require material costs.
• If the spouse can prove his or her incapacity at the time the contract was concluded, it will be declared invalid. In this case, the other party may receive significantly less in a divorce than expected. To avoid such a situation, it is advisable to provide a certificate of legal capacity at the time of concluding the contract, even if the notary does not require it.
• The document cannot include clauses regarding inheritance of property in the event of the death of one of the spouses. If there are, for example, children from an earlier marriage, they can claim the property of the deceased, despite the fact that the owner had other intentions.

Thus, we can conclude that the conclusion of a prenuptial agreement does not guarantee the resolution of all disagreements between spouses during marriage and during divorce, but it can reduce the likelihood of lengthy litigation on property issues.

Prenuptial agreement: pros and cons - prenuptial agreement: pros and cons

A prenuptial agreement in Russia is a relatively new concept. Although provisions on it have been in the legislation for a long time, the practical implementation of legal norms still remains at the primary level. This document has not yet become popular or in demand.

Both supporters and opponents of the marriage contract find arguments for and against. After all, any other concept or phenomenon, a marriage contract, has pros and cons. And those spouses who are thinking about the advisability of its conclusion should familiarize themselves with the positive and negative sides in order to make an informed decision.

1. A marriage contract can be concluded before marriage, as well as at any time in family life.

Moreover, at any moment; at least the day after the wedding, at least the day before filing for divorce.

1. A prenuptial agreement allows you to determine who owns what property – before marriage, during marriage, after divorce.

Each spouse has the right to retain in his personal ownership the property that he acquired before marriage. Thanks to a prenuptial agreement, this property will remain personal after a divorce.

It is equally important to determine the fate of property acquired by spouses during marriage.

Spouses can divide the property “in kind” (for example, specifically indicate that the car belongs to the husband, and all household appliances belong to the wife) or determine shared ownership indicating the size of the spouses’ shares (for example, the husband owns 2/3, the wife only 1/3 ). Or you can maintain the legal regime - common joint property.

1. With the help of a marriage contract, you can stipulate who will own the property presented or received as a gift.

Gifts cause a lot of controversy and disagreement. For weddings, the “young couple” are given apartments and washing machines, the husband gives his wife jewelry, and the wife gives her husband expensive electronic “toys.” Determine the fate of gifts marriage contract

1. Thanks to a prenuptial agreement, in the event of a divorce, the spouses will not have disputes regarding the division of property

Anyone who has had the chance to watch friends or relatives get divorced, or, even worse, go through a divorce themselves, knows that the division of property causes a lot of trouble.

And the more acquired over the years of family life, the more fierce the struggle goes between the ex-husband and wife.

Unable to reach an agreement on their own, they are forced to go to court, which is followed by a long and unpleasant process of judicial division. All this can be avoided with the help of a prenuptial agreement.

For example, before marriage a man owned a trading company. During family life, funds from the family budget were invested in business development. When the marriage broke down, the ex-wife demanded half the value of the business. A lot of time and effort was spent on the legal process of division, on expert assessments, analysis of documents, calculation of expenses and income over the past years.

If a marriage contract had been concluded between the spouses, the issue of ownership of property would not have caused disputes. The document would clearly stipulate what part of the husband’s property the wife can claim in the event of a divorce.

1. With the help of a marriage contract, you can streamline the financial and property affairs of a married couple: estimate income, distribute responsibilities for expenses, plan large purchases, divide acquired property.

A prenuptial agreement is not a formal document. The marriage contract can include absolutely any provisions that correspond to the real state of the property and financial affairs of the married couple.

1. A prenuptial agreement allows you to resolve the issue of debts and loans

Just like property, debts are subject to division between spouses. A marriage contract may stipulate which spouse has debt obligations, who should fulfill them and how.

1. In a marriage contract, you can distribute the income and expenses of the spouses

Which spouse is responsible for supporting the family, and who can afford to spend the income at their own discretion? What part of the salary goes into the “common pot”, and what part remains for “pocket expenses”.

A prenuptial agreement helps organize and plan family income. And of course, distribute the costs.

As detailed as required, down to who buys groceries and who pays utility bills.

1. A prenuptial agreement will “take care” of the maintenance of a needy and disabled spouse after a divorce

The law clearly states in which case a spouse is entitled to maintenance from the second spouse. A marriage contract can significantly increase the number of grounds for receiving financial assistance, as well as stipulate the amount of the amount, the timing of receiving assistance and other conditions.

1. Thanks to the legally correct and complete preparation of the document, verification of the legal capacity of the spouses and notarization of the marriage license, you can count on the transparency of the process of concluding a contract and the reliability of regulating relations between spouses.

A prenuptial agreement has many positive characteristics. But there are still negative ones. The analysis of this document would not be so objective and comprehensive if only the pros were told and kept silent about the cons.

Most of our compatriots consider a marriage contract, borrowed from the “decaying West,” to be something selfish, mercantile, greedy and malicious.

In the understanding of many people, discussing the material side of family life is considered simply indecent.

The conclusion of a marriage contract requires notarization, as well as making changes or terminating this document. Repeated visits to a notary require considerable funds and a lot of time.

If significant changes are made to family or civil legislation, the marriage contract will also have to be changed in accordance with the new legal norms.

Otherwise it will simply be invalid. Judicial practice knows cases when, “over the course of time,” a marriage contract has lost its relevance, and therefore its legality.

And the spouses had to divide the property under the terms of the new legislation.

• The complexity of legal regulation of multifaceted family relationships

Even with a strong desire, it is impossible to provide for absolutely everything in a marriage contract. It may be necessary to add and amend the contract, which will entail additional costs for legal and notary services.

If the text of the contract contains ambiguous language and ambiguities, this will lead to conflicts, disputes and litigation. In the worst case scenario, the prenuptial agreement may be declared invalid.

Drawing up a legally competent, complete, detailed text of an agreement requires highly qualified specialists, a lot of time and, of course, is more expensive.

Spouses may find it advisable to include in the marriage contract not only property, but also other important aspects of family life. For example, the procedure for maintaining children during a divorce, the procedure for dividing property in the event of the death of one of the spouses. The law prohibits this.

It is also prohibited to stipulate in the marriage contract personal aspects of the relationship between husband and wife (for example, who takes out the trash, how often to give flowers and perform marital duties).

A marriage contract in which such provisions are found will be declared invalid - in whole or in part.

From a psychological point of view, a prenuptial agreement orients spouses towards a likely divorce, thereby destroying trust and devotion between husband and wife. One gets the impression that each of the spouses is trying to “lay out straws” and protect themselves in case of failure in family life.

There is no guarantee that the process of concluding a marriage contract is completely transparent. Even if outwardly spouses sign documents voluntarily, there is always the possibility of pressure from one of the spouses or members of his family. This is especially true for so-called “unequal marriages”, which are concluded between spouses with different financial status.

If a marriage contract is concluded long before the start of family life, it will come into force only on the day of marriage registration.

Based on the above, we can draw a conclusion. A marriage contract is an effective tool for regulating the material relations of spouses.

Therefore, it will be useful precisely to those spouses for whom detailed, clear and complete regulation will help protect and increase their property and financial assets.

Spouses for whom the costs of legal support and notary registration are much less significant compared to possible material losses due to family troubles. Such spouses are entrepreneurs or owners of valuable property.

However, spouses with an average level of income can take advantage of the positive aspects of a marriage contract and not worry about its negative aspects. Since many provisions of the marriage contract regulate such “mundane” and real aspects of married life as income and expenses, purchase and sale of property, debts, mutual maintenance.

Sometimes, in situations where divorce due to property or money troubles seems inevitable, spouses can save the family with the help of a prenuptial agreement.

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

Prenuptial agreement pros and cons in 2023: table

Increasingly, citizens of the Russian Federation began to enter into marriage contracts, despite the fact that society has a largely negative attitude towards such documents. However, marital contracts have both disadvantages and significant advantages. Let's look at what a prenuptial agreement is - the pros and cons for spouses.

Basic information

A marriage contract is an agreement between spouses or persons who plan to register their marital union in the near future. This document defines the property rights and obligations of the spouses both during their lives together and after the divorce.

The marriage contract must be signed by both parties to the agreement, and then certified by an employee of a notary agency.

What can be written in the text of a marriage contract? The agreement should include such information.

1. Spouses specify which property is common property and which is private. For example, if the document indicates that the owner of the apartment is a woman, then after the dissolution of the marriage, her ex-husband will not have the right to apply for housing.
2. You can indicate those property objects that the couple only plans to purchase in the future. It will be necessary to register who will be the owner, for example, of a car, and who will need to allocate additional financial resources for its maintenance.
3. It should also be stated under what conditions the able-bodied spouse will provide for the disabled person, including after the dissolution of the marital relationship. You will need to write a specific monetary amount of benefits in the minimum wage.

   Also, spouses have the right to indicate the amount of financial support that one spouse will provide to the other, even if he is able to work and does not need anything.

In addition, current domestic legislation establishes conditions that are prohibited from being included in a marriage contract:

• conditions that limit the rights or capacity of a particular spouse (for example, the wife will be forced to quit her job to become a housewife, or either of the couple will be prohibited from protecting their rights by initiating legal proceedings);
• conditions that are contrary to the Family Law of the Russian Federation put one of the couple in an unfavorable position.

The marriage contract can be changed and supplemented. Each new adjustment requires certification from an employee of a notary agency. It is possible to change the marriage contract either through a peaceful agreement or through going to court.

The same applies to the termination of a marriage contract. If one of the spouses realizes that in order to cancel the document he will need to go to court, then the following steps must be taken:

• draw up a claim;
• prepare a package of necessary documentation;
• pay the state fee (its cost is 300 rubles).

Once the judge has granted the claim, the marriage contract will be dissolved and marital property obligations will be terminated.

Benefits of having a prenuptial agreement

The point of drawing up a marital contract is that the spouses seek to protect themselves from possible property problems in the future if their life together leads to divorce. You should not assume that the husband and wife are preparing in advance for the dissolution of their marriage by drawing up this agreement.

So, the advantages of a marriage contract include the following:

Protecting your own property

If one of the spouses owned residential premises before registering the marriage, then after the divorce the second spouse may try to divide this property in court. The arguments are different: the plaintiff invested significant amounts of money in repairs, was on maternity leave, cared for children together, etc.

When the marriage contract stipulates that the spouse’s property, which was acquired by him before marriage, remains his personal property during a divorce, then there will be no need to divide living quarters during a divorce.

In addition, this reason for drawing up marriage contracts is often voiced by successful entrepreneurs and owners of expensive real estate and movable property.

Establishing financial obligations of spouses towards each other

Current domestic legislation prohibits stipulating conditions in a marriage contract that would limit a disabled spouse’s ability to receive financial support. The document can specify the amount of cash payments that the second spouse will pay to his ex-husband/wife in the event of a divorce.

Establishing financial obligations of spouses towards their children

Spouses can prescribe in advance that in the event of a divorce, the parent who will live separately from the former family undertakes to pay the children a certain amount of money.

If the alimony holder stops fulfilling his financial obligations, he can be held accountable.

In addition, in the marriage contract you can specify with whom the common minor children will live in the event of a divorce of their parents.

Simplified trial procedure

If a divorcing couple has common minor children, as well as disputes due to the division of property acquired during their life together, then the court, in its decision, will rely on the text of the marriage contract. As a result, court proceedings will be carried out according to a simplified procedure, which will save both the time and money of the spouses.

Disadvantages of a prenuptial agreement

These include the following.

1. In Russian society at the current time, the following attitude still exists: the presence of a marriage contract indicates the spouses’ distrust of each other. However, experts note that this attitude towards marriage agreements is controversial.

   By concluding a marriage contract, spouses indicate their property rights and obligations, which gives them confidence in their own security in the event of unfavorable life circumstances.

2. Another disadvantage of a marriage contract is the fact that the spouses will need to regularly adjust the text of the agreement and supplement it, because their financial capabilities and the list of property objects change during their life together.
3. The provisions of the prenuptial agreement will need to be followed even if the spouses are hostile to each other after the divorce. Otherwise, the person who violates the terms of the marriage contract will need to be held accountable for his actions.

Advantages and disadvantages of a marriage contract briefly: table

Briefly, the pros and cons of a marriage contract can be summarized in the following table.

Advantages	Flaws
1. Prevention of controversial situations due to the division of property acquired during the marriage or acquired before registration of marriage, if the spouses decided to divorce	1. There is a strong opinion in society that the presence of a marriage contract indicates a lack of trust between spouses
2. Establishment of financial obligations of spouses in relation to their common children after divorce, to each other (if any of the adults loses their ability to work and needs material support from their ex-husband/wife)	2. Since the list of property owned by the spouses is constantly changing, they will need to regularly adjust the text of the agreement, adding new features and nuances to it
3. The procedure for divorce in court will be significantly shortened and simplified, since the judge, when making his decision, is guided specifically by the text of the marital contract	3. If any of the spouses, during their life together or after a divorce, “changes their mind” about fulfilling the financial obligations specified in the marriage contract, then they face corresponding liability
4. The opportunity to preserve their property for those wealthy people who are owners of expensive apartments, cars, profitable businesses, etc.

Let's sum it up

Thus, the advantages of a marriage contract outweigh the disadvantages. The main advantage of a marital agreement is that it provides spouses with confidence in their secure future, and in the fact that after a divorce their property rights will not be violated by the other party.

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