Marriage contract – immoral or wise?

03.11.2017 | Lawyer

Until now in today’s society there is a discussion of morality and expediency of marriage contracts between spouses.

You have probably read similar articles, but we suggest you to plunge into this topic again and weigh all the negative and positive points of this extremely delicate matter.

Chapter 10 of the Family Code of Ukraine stipulates that a marriage contract has the right to conclude coople before marriage, or after the registration of a marriage. A marriage contract must contain a list of property rights and responsibilities of each spouse, determine the procedure for the distribution of property values, determine the property as the individual property of a spouse and the conditions for obtaining this property by another of the spouses, the conditions for using it. A marriage contract does not regulate personal relationships between spouses, as well as between parents and children. In addition, a marriage contract can not affect the scope of rights and legitimate interests of children.

In general, marriage contracts are concluded in order to avoid problems after the dissolution of a marriage. This concerns the resolution of issues regarding the distribution of property, the definition of the place of residence of children and the order of their maintenance, the order of keeping another from the spouse, etc. But some marriage contracts contain a list of conditions for which the marriage will be subject to termination. That is, this agreement serves as an instrument for automatic solution of problems between spouses.

Most believe that marriage contracts are immoral, it is a manifestation of distrust of marriage to each other, because marriages “are laid up in heaven”. People of conservative point of view do not perceive this agreement as an achievement of civilizational development of society, but on the contrary condemn such transactions. However, encountering problems related to marriage and its consequences – they begin to reflect on the importance of such an agreement.

Trial practice of divorce and division of property of spouses is quite voluminous and multifaceted. Many different situations consist of people who decide to break a marriage, but they can not divide the property or determine who and how the child will live, and permanent lawsuits to parents on alimony will create even more problems. Litigation on these issues lasts for years and constantly prevents normal living.

One has to agree that nobody is immune from unforeseen situations, so it will be quite controversial that anyone will say that his marriage will last forever. The practice of participation in cases of divorce and separation of property of the spouses and the practice of alimony recovery cases gives the right to reach such conclusions.

Here is a simple example of life and practice. Quite friendly and, from the point of view, a strong couple was under the influence of circumstances and factors independent of them, which ultimately led to the dissolution of their marriage. Quite peacefully and calmly, the dissolution of the marriage passed, dispersed, somehow they say “in a friendly way.” But when the question of the division of property, the definition of the place of residence of the child became a final reason for the dissolution of their relations, even as between people. In the common property of the spouse there was a house, an apartment, a car and a joint business. In the issue of division of property, it was not possible to reach agreement and through the lengthy litigation, appeal and cassation of the property were divided, but they were divided so that none of the spouses did not bring satisfaction and benefit. In the issue of determining the place of residence of a young child was another series of litigation, in which the mother won a child, and for the father’s court, the court itself determined the time for the visit. An offended father has ceased to give his wife money for child support, and he filed a lawsuit on alimony enforcement, followed by a third series of court sessions, and now the is forced to pay a certain amount of money on a monthly basis for the maintenance of a child. What’s the result:

– absolutely spoiled relations between the spouses (which negatively affects the psyche of the child);
– in the course of litigation, relationships between former relatives on the part of the husband and wife have been severed, which again has a negative impact on the child;
– spent 4 years on litigation and thousands of hryvnias for services of lawyers etc;
– a lot of nerves and health were damaged during the trial;
– half a house, an apartment, a car, which is the result of their sale, is divided into two parts, since it is impossible to use this property together (and technically and due to the broken relationship, incl.);
– business is stopped, because the property of the enterprise is divided between the spouses (both husband and wife lost a stable source of income, and the state was deprived of another tax payer);
– the father is forced to see the child only in the day and time set by the court and must pay a certain amount of maintenance for the child (knowing that these alimony will be received and used by their ex-wife – he will never pay more than the court order requires);
– the wife must receive a small amount of maintenance, which is obliged to hold the child and provide it with all that is necessary.

We believe that any person, having read all the consequences of a simple coincidence of circumstances, will begin to reflect on how these issues could be avoided. One of the answers is a marriage contract. What in this case could be decided marriage contract – we will understand more in detail. The contract could contain the following terms of cohabitation and relations between spouses after the dissolution of a marriage, for example:

– after the dissolution of a marriage, the child has the right to live with his father and mother the equal number of days (months, etc) per year;
– for the maintenance of a child, each parent pays the person whose child lives for a certain period a certain amount of money;
– parents are not forbidden to visit a child at any time and provide it with everything necessary;
– car, apartment, house and business are divided as follows: the husband remains … .., the wife remains ……;
– it is confirmed that the personal property of a man who is not subject to division is ……., his wife – ……;

What is the result of the contract?

– a lot of time, money, health, nerves are saved;
– the child does not suffer from broken relationships between parents and will not be a victim of “separation of the child” between relatives;
– the relations of the ex-spouse and their relatives will be kept at the level of human relations;
– business and property will remain in its unchanged state;
– the child will be provided with everything necessary for its normal growth and development.

It is worth remembering that the conclusion of a marriage contract is NOT a sign that a spouse can or should divorce, this is NOT a sign of mistrust of one’s spouse, it is a wise and civilized decision. It is necessary to eliminate this stereotype from the consciousness of our society, because in any situation it is necessary to remain people. If the love of a husband and wife led them to a marriage, and if it is truly true – their marriage will continue until they want it. But if the fate is such that they will be forced to break the marriage – why complicate life and spoil the relationship, to cross out everything that was before committing to suffer children?

The conclusion of a marriage contract is a guarantee of confidence in the future, the confidence that the mother will not remain with the child without the help of his father, that the child will not be left without attention of both parents and the confidence that nobody can come and take the property or the housing that we get in marriage, because this is the court’s decision. The contract – and the contract that the spouses agree on their own actions in the event of unforeseen circumstances.

In addition, the conclusion of such contracts will reduce the number of fictitious marriages.

Are we waiting for our life or health to wait for an accident to happen to us in order to receive insurance payments?

We are thinking about our own future, but we often fall under the influence of stereotypes in society, and then we are suffering from this. So, 20 years ago, nobody in the post-Soviet society even heard of a marriage contract, and moreover, concluded it. However, time goes by and society is changing, as well as relationships within this society. I agree that not all Ukrainians are ready to conclude such treaties, but wealthy people care about it first, some not only care about their abundance, but also take care of children and relationships between people who always need to be supported.

Consequently, to conclude a marriage contract or not – your business, but wise people always do wisely.

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