Rus Articles Journal

Marriage contract: opportunities and realities of

Most of the people who are going to establish a family do not think of a contraction of marriage. Similar “the western feature“ even causes bewilderment in many and it is considered rather an exotic, than vital need. And still... In recent years and in Russia began to use services of lawyers and to conclude marriage agreements. As initiators the residents of big cities marrying visitors, and also businessmen, who got used to stipulate in advance any risks, as a rule, act.

it makes sense to conclude the Contract em in case each of spouses has something valuable (the apartment, the car, giving, jewelry) if spouses unite the property or the enterprises, become (or are) co-owners of business. In the contract it is possible to stipulate, for example, that in case of divorce the enterprise belonging to the husband does not share as it has to occur automatically under the law, and remains at it. It is possible to establish also in what percentage ratio each of spouses will make the contribution to the family budget. In detail to paint who what pays for, and even to introduce point obliging the husband to allocate regularly to the spouse a certain sum “for pins“. By the way, many women thanks to the contract managed to provide themselves with the constant income...

At them...

the Western marriage contract more governs the relations in the course of marriage while its Russian analog a thicket begins “to work“ at divorce. And if in the West it is possible to issue legally practically any conditions, then our legal system considers that as - nibud will deal with the interpersonal relations of the spouse, and here for settlement of property problems (probably as the most important) can be attracted guarantees of the state.

... And at us

U us the contract is not a guarantee at all that in case of divorce all exactly as there it is written, and will be. Provisions of the contract at desire can be bypassed. For example, the husband writes down the acquired property on relatives, and legally becomes almost poor. And its “white“ (legal) salary can differ radically from “black“ (passing by taxes), therefore, in case of divorce neither the real estate, nor the “black“ income by court at the section of property will be considered. And the millionaire`s wife who providently concluded the marriage contract with him will be left almost with nothing.

of Situation, concerning non-property questions, at us it is possible to include in the contract, but they will have rather advisory nature, and in case of divorce only property rights will be legally protected. Generally, it is possible to register a lot of things, but only for psychological support. However it helps some families.

to Conclude

or not?

If you consider that the similar document would not prevent you before to suggest the husband (groom) to descend to the notary, check his reaction. For example, tell about the girlfriend who concluded the contract with the husband listen that he on it will tell, or show article about the contract (at least this) and ask his opinion.

Most of men with middle-income reacts to idea of the contract unambiguously negatively. And business here at all not in what something is sorry for them for beloveds for. On the one hand, somewhere in subconsciousness of the man that problems, and especially property, he, and with another - our men decides as it is strange, are sometimes more romantic, than women who think not only of the future, but also of the future of the children. Therefore the idea of the contract causes indignation in grooms: “How it is possible, going to the altar, to speak about money?“

to

It is interesting, as women not always willingly decide on the contract: the Russian wives traditionally do not like “to wash the dirty linen in public“, that is to implicate the third party (in this case - the lawyer) in the relations with darling.

About that how marriage contract promotes marriage strengthening, two opposite opinions are. One strongly object against it, claiming that the contract initially as if adjusts spouses on the fact that divorce is inevitable. Others claim that he acts as a limiting factor: if at its absence the husband or the wife can leave at any time in a huff and forever leave, then in the presence of the contract, perhaps, still will think three times, precisely knowing what he (she) sustains losses in case of divorce: if the contract is made correctly, then any of spouses will not be interested divorced.

Karina Krasnova, the lawyer Sankt - the St. Petersburg Bar :

Under the law, the property acquired by spouses in marriage is their joint property, and in case of divorce is halved. If spouses want to change it, then they conclude the marriage contract concerning all property or its part. The contract defines accessory of property of spouses in marriage and in case of its cancellation, and can be signed both concerning already available, and concerning future property. Besides, in the marriage contract it is possible to stipulate the rights and obligations for mutual contents, to register who and how many puts “in the general copper“, to define property which will be transferred to each of them in case of divorce etc.

the Russian marriage contract unlike western, regulates only property questions, and does not may contain points concerning, for example, the rights and duties in relation to children between the husband and the wife, it cannot limit legal capacity and capacity any of spouses etc.

of the Right and a duty, provided by the marriage contract, can be limited to terms, or be put into dependence on certain conditions. The contract can be changed, concluded or terminated at any moment of marriage, but only on condition of a consent of two parties. Besides, it is possible to conclude the marriage contract before marriage, but then it will begin “to work“ only after you leave the REGISTRY OFFICE with the seals in passports.“ To civil spouses“, that is that who conducts joint life has the general economy, but did not get married in the REGISTRY OFFICE, it is possible to sign instead of the marriage contract the contract on joint activity which, as well as the marriage contract, governs the property relations. It makes sense in case civil spouses gradually acquire the general property - the apartment, cars, giving.

the Cost of registration of the marriage contract makes

2 MROTA and if it is necessary to estimate the available property, then the state tax will make 1,5% of the contract sum, proceeding from property cost.

Arina Shakhova, sociologist :

two opposite fundamentals of family policy of the state Exist: familizm and feminism. At a familizm dependence of the wife on the husband is considered normal practice, it is supposed that the husband is head of the family, the getter, the wife is a keeper of a home and so on. The feminism, on the contrary, equalizes the husband and the wife in the rights, proclaims “freedom of women from kitchen slavery“, encourages the woman in aspiration to work and do career and, unlike a familizm, considers primary her needs, but not need of the husband, a family and children. The marriage contract is the phenomenon of feminism which is lawfully confirming property freedom of the wife from the husband.

the contract was concluded by

In pre-revolutionary Russia when for the bride it was necessary to endow, between the father of the bride and the groom`s father, or the groom if it was already aged. Registered in it how many money, property, cattle the bride has to bring in the groom`s family, and in case of “shortage“ his relatives could make a complaint or in general refuse a marriage. Naturally, conditions of the section of property did not register as divorce per se was not. Besides, there could not be also a speech about that spouses had the separate rights for property as the woman was very limited in the rights, and her role was reduced conducting economy and to give birth to children. And such contract was, certainly, attribute of a familizm.

In Soviet period when equality of the man and woman was formally proclaimed, the marriage contract as the legal act in general ceased to exist as there was no private property and there was nothing to divide. The idea of such contract was at that time alien to the culture of a family, and, besides, the Soviet family also gravitated to a familizm: domination of the man in the house was traditional, stains were not encouraged.

After falling of the Iron Curtain the concept of feminism came to Russia, and together with it also the marriage contract which asserts first of all the rights of the woman now, and, both in marriage, and after divorce returned. However mechanisms of control and regulation of institute of the marriage contract not always work well-coordinated. We almost do not know the rights and we are not able to defend them while the marriage contract perfectly “works“ in other countries where society, unlike ours, was under construction on the basis of individualism, but not on the family beginnings. And in the center of attention of the western person first of all - his rights, it is capable to protect them and to stand for itself(himself). For Russia individualism long time was alien, we strengthened unity in a family to resist to external troubles, and it was always supported by the state.

the idea of the marriage contract which existence means that you will not live with the husband all life is alien to

For irrational Russian mentality and you will not die with it in one day, and sooner or later will divorce and will divide property. And when happy people go to the REGISTRY OFFICE, they also do not think that they will sometime divorce. Therefore for modern Russians the marriage contract often happens a tribute to westernized fashion. Seriously it works only in that case when it is valid to woman to have plenty to lose in case of divorce. In the late nineties in Russia there were wealthy women who successfully promoted, having the business, property, real estate. At a marriage they care for that in case of divorce their property rights were not struck. Business taught them to be pragmatic. Therefore as initiators of a contraction of marriage wealthy women often act.

Andrey Konovalov, psychologist, psychotherapist :

the Contraction of marriage exerts

serious impact on the relations in couple. It does not mean that couple will never divorce. Just divorce will take place much more quietly. And the relations in marriage will be thought more over, less spontaneous. If marriage is fated to collapse, then it happens irrespective of existence or lack of the marriage contract. I consider that the contract does not accelerate and does not slow down marriage destruction, but it facilitates divorce proceedings in case it occurs, - both in legal, and in the psychological plan. And the course of the marriage can be corrected slightly, reminding the forgetful partner of his violations, not bringing the relation to scandal. Decent people all - fulfill the obligations, and the marriage contract to it only helps more often. And the love will remain the real basis of marriage all the same.

But at a marriage calculation has to be obligatory. Psychologists distinguish such concepts as love and love. If love really means total absence of any calculation, then love, being already feeling strong and mature, assumes the serious relation to each other, respect for the rights of each other. And if one spouses suggests to conclude the marriage contract, then second, the loving person, will hardly wave away from this offer.

of People, insisting on need of the marriage contract, as a rule, serious and thorough. Most likely, it already has a negative experience of family life therefore he comes to a conclusion that in a new family the marriage contract is necessary for it - to save itself and the spouse too, from excessive disorders. It is not necessary to say to you that uncertainty in itself, in the partner, in gravity of the relations is the cornerstone of a contraction of marriage. Our life is so difficult that often it is simple not to do without the regulating documents. Especially now, when the initiative in the relations most often proceeds from women - whether it be a marriage, or divorce. Such is socially - psychological feature of our time.

the Most famous star contracts
  • One of the most generous marriage contracts was signed by

    between the billionaire Aristotle Onassis and Jacqueline Kennedy, the U.S. President`s widow. Under the terms of the contract, Onassis allocated Jacqueline to 3 billion dollars for personal expenses, and to children of the president put into the account on 1 million dollars. In case of death of the spouse Jacqueline had to receive 200 thousand dollars of a rent annually.

  • Klaudia Schiffer`s
  • on the eve of a wedding with Tim Dzheffi, knowing about his wastefulness, wished to place in the marriage contract point according to which her husband will spend only that money which will be earned by him. Tim who “was quite often lent“ at Claudia accused her of excessive commercialism and terminated engagement.
  • Is known to
  • the fact that in Tom Cruise and Nicole Kidman`s marriage contract the most insignificant were stipulated, apparently, trifles of matrimonial life. In particular, to Tom it was imputed a duty to return into place a toilet bowl seat after use of a toilet.
  • Michael Douglas and Catherine Zeta - Jones concluded the contract according to which Catherine in case of divorce will receive from the husband annually for lived in marriage every year on 1 million dollars (the bride insisted on three, but lawyers of Douglas which already lost later the first divorce of 60 million dollars died in the last ditch). If Michael fools around, he will pay 5 million. As compensation Catherine introduced in the contract point that all wedding gifts which cost makes 12 thousand dollars in case of divorce will remain with the husband.
  • In Hollywood the marriage contract not always strikes at the rights of men. For example, Barbara Streisand and James Brolin signed the contract according to which James after divorce will receive 1 million dollars plus 32 thousand dollars annually. If marriage lasts more than ten years, then “the one-time grant“ will increase up to 10 million dollars.