The founder of the law firm GAP Irina Gukova told Izvestia about the intricacies of drawing up a marriage contract.
As the expert explained, a prenuptial agreement is a transaction that regulates the procedure for possession, use and disposal of property acquired in marriage, as well as the procedure for its alienation and distribution during a divorce. A prenuptial agreement can only be entered into by married couples planning to marry, as well as by spouses who are already active.
Russian legislation allows spouses to include in the marriage contract any conditions that relate to their property relations, and are also not prohibited by the Family Code of the Russian Federation. Thus, in the marriage contract, it is possible to designate the distribution of family expenses, it is possible to fix the provision of mandatory financial support to each other (both in marriage and after its dissolution), as well as the possibility of determining the property that will go to each of the parties in a divorce, Gukova added.
The marriage contract is terminated in a notary’s office or in court. In a notary’s office, termination occurs if the parties do not have mutual claims on the property issue. In cases where the former spouses have disagreements on the division of property in accordance with the marriage contract, the dispute is resolved in court.
“The court may determine the procedure for the division of jointly acquired property, as well as items of personal property, which are not taken into account by the court. If there are debt obligations formed during cohabitation, they are proportionally distributed between the spouses, ”Gukova concluded.
On February 14, Gukova told Izvestia whether it was possible to return the gift given to her former partner. As the lawyer noted, it will be impossible to return the donated valuable jewelry, antiques and luxury items, since after the donation process all of them will legally belong to the recipient of the gift.
Earlier, on October 27, the Federal Notary Chamber said that a husband and wife can legally demand financial support from each other – during marriage and even after its dissolution. Those who “did not go to the registry office” have no right to alimony. But in this case we are talking about the content of the partner, not the child.
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