Wednesday, October 20, 2010

What is a prenuptial agreement?

In recent years, the conclusion of the marriage contract between spouses is not an extraordinary event. What is a prenuptial agreement?

Prenuptial agreement - an agreement of the persons entering into marriage, or the agreement of the spouses, which defines property rights and obligations of spouses in marriage and in case of divorce.
The marriage contract can be concluded before the marriage, and at any time during the marriage. The marriage contract concluded before the marriage takes effect from the date of registration of marriage.
Marriage contract the spouses are entitled to change the legal regime of joint property (ie property acquired by spouses during marriage), set the mode of joint, shared or separate ownership of all property of spouses, in his individual species or on property of each spouse.

The marriage contract may be concluded in respect of the existing and the future of property between spouses. Spouse is entitled to determine in the marriage contract of their rights and responsibilities, ways of participation in income each other, the order each of their family expenses, determine the property to be transferred to each of the spouses in the event of divorce, and also to include in any contract Other provisions relating to the property relations of spouses.
The rights and obligations provided for a marriage contract may be limited to certain dates or conditional on the occurrence or non-occurrence of certain conditions.
The marriage contract can not restrict the legal capacity or competence of the spouses, their right to petition the court to protect their rights, to regulate personal relations between spouses, rights and responsibilities of spouses with regard to children, include provisions restricting the right of disabled needy spouse to receive maintenance; contain other conditions that put one of the spouses in an extremely unfavorable situation.
The marriage contract may be modified or terminated at any time by agreement of the spouses. At the request of one spouse the marriage contract can be amended or terminated by court order

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