The most convenient, simple and reliable way to resolve contentious issues in the field of family relationships is family contracts concluded between spouses.
This is an agreement between spouses or future spouses that governs the property rights of spouses in marriage and in the event of a divorce. A marriage contract cannot regulate personal relationships between spouses. It cannot provide liability for unwashed dishes or an uncleaned apartment.
Why conclude such an agreement? The agreement provides an opportunity to immediately agree on a joint property, not only existing, but also what will be acquired in the future. Thus, the settled property relations in advance will provide you with confidence that in case of a divorce you will not be left without property and means of subsistence.
Also, the agreement may provide for the issues of mutual support of spouses, and obligations regarding children, their place of residence and other financial relationships.
The marriage contract is most often concluded before the wedding, but there are cases when it is concluded by the already held spouses. Moreover, you can conclude it at any stage and no matter how many years you have been married.
The marriage contract is notarized and takes effect from the moment of its conclusion or registration of marriage.
If such an agreement is not drawn up or declared invalid, then all disputes are resolved in accordance with applicable law.
In what cases a contract may be declared invalid:
If the terms of the contract substantially infringe the property rights of one of the spouses.
In the event of a divorce, property of the spouses cannot be given only to one of the spouses. Parts of the division of property should be approximately equal or slightly different, as this is contrary to applicable law.
One of the spouses did not quite understand the terms of the contract or their essence.
If one of the parties did not correctly accept the terms of the contract and signed it, then having proved this fact, the contract is recognized as invalid.
If the contract was signed under pressure or by intimidation.
If one of the spouses has signed an agreement due to threats and violence. You will need witnesses to prove this fact.
If the contract is for the purpose of fraud.
Sometimes there are times when such an agreement is concluded so that part of the property is hidden from debtors or creditors.
If the contract was signed in difficult life circumstances.
The influence of some circumstances sometimes force a person to act unreasonably and make the necessary decisions. In this state, a person could sign an agreement, and then regret what he did.
In the sphere of marriage and family relations, there are other agreements.
Agreement on the procedure for the upbringing and maintenance of children.
Such an agreement regulates the relationship regarding common children, their maintenance and upbringing.
Such an agreement may provide for the amount and amount of alimony in the event of a divorce, as well as a schedule for visits and vacations with a child, etc.
The agreement on the voluntary division of the joint property of the spouses.
This agreement makes it possible to amicably divide the joint property and not to divide it in court for a long time. Such an agreement can be concluded while in a “civil marriage”.
Alimony Payment Agreement.
This agreement may resolve disputes regarding child support payments.
In the contract you can write down all the essential points regarding the order, size and terms of payment of alimony
Such contracts are subject to mandatory notarization.
In case of failure to fulfill the terms of the contract, it is possible to recover alimony from the debtor without going to court. It is enough to contact the notary for an executive inscription.
Real Estate Assignment Agreement for Future Alimony
Such an agreement makes it possible to transfer property instead of alimony and save yourself from monthly payments.
A prerequisite of the contract is the consent of the Guardianship Authority, as the child becomes the owner of the property.
Such an agreement is notarized with the subsequent registration of ownership of the child.
The agreement on the termination of the right to support in connection with the receipt of a one-time cash payment.
The legislation provides a mechanism for the payment of alimony in one payment or the transfer of real estate in return for alimony.
The right of ownership passes to the spouse immediately from the moment of registration, and a one-time payment must be paid to the notary in the deposit account until the moment of notarization.
Moreover, such an agreement regulates the payment of alimony not only for the child, but also for the other spouse due to his disability.
After the conclusion of the contract, the spouse is exempted from payments.
The agreement on the division of the common property of the spouses.
Such an agreement makes it possible to amicably divide property without a trial.
The contract is subject to mandatory notarization.
Agreement on the maintenance of one of the spouses.
The contract helps to resolve the relationship in the case when one of the spouses needs maintenance.
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