What is a prenuptial agreement?
A marriage contract is a deal between a man and a woman who are going to legalize relations or have already married, which regulates the ownership of property acquired in the union and its distribution in the event of a divorce.
It is unlikely that many people think about divorce and the problems associated with it when they plan a happy family life. But one cannot exclude the possibility that love will break on the rocks of everyday life, and people who once loved each other will find themselves on opposite sides of the barricades in the struggle for personal interests.
One of the most embarrassing moments when breaking up a relationship is the division of property.
By law, the jointly acquired property divided: bank deposits, real estate, movable property, securities, jewelry, etc. But is this always fair? With these kinds of problems lawyers in Armenia will help you.
What clauses include in a prenuptial agreement?
A prenuptial agreement is needed in cases where the division of property according to the law does not suit future or already established spouses, for example, it seems unfair to them. It is better to agree in advance who and what material benefits will go to in the event of break-in relations, in order to avoid unnecessary worries, time, and financial costs in the future.
As a rule, more material values are acquired during the marriage. The more fierce the struggle during a divorce can be, especially if yesterday’s lovers have accumulated a lot of grievances and claims against each other.
A prenuptial agreement is a convenient way to settle relations not only between wealthy partners but also between representatives of the middle class since the agreement solves many problems:
- separation of premarital property of each of the spouses;
- division of rights to new property acquired during the marriage;
- protection of personal assets from claims of creditors to the spouse in the event of financial difficulties;
- planning for the transfer of property as a gift or inheritance.
As you know, according to the law, what belonged to people before marriage remains with them after a divorce. But almost every rule has exceptions.
The document cannot include items related to determining the place of residence of children after the dissolution of the marriage. It is possible to settle in advance the issues of paying alimony for their maintenance. Sharing additional expenses for the treatment and education of children. As well as the obligation of one of the spouses to support the other. Important: the amount of alimony for minor children, established by agreement of the parties, cannot be lower than the amount of alimony determined by law.
There are no exhaustive conditions that are supposed to be included in a marriage contract in the current legislation. The parties are free to determine their terms independently by mutual agreement.
Types of marriage contracts.
There are three main types of marriage contracts.
- The next type of marriage contract provides for the joint ownership of only those objects that were acquired during the marriage. Perhaps this is the simplest and least controversial option.
- There is also a type of contract, according to which a separate form.