Advantage of the marriage contract


Advantage of the marriage contract

 
The subject of marriage contract covers three large groups of property relations between spouses, which in turn may cover a number of issues:
  •  Property rights and obligations of spouses relating to the acquisition and possession of their property during the marriage.
  •  Financial relations designed object acquired and held by spouses before marriage among their possessions
  • The financial consequences of divorce
 
Property rights and obligations of spouses incurred during the marriage
 
 With the marriage contract the parties are able to determine at will the content of the regime applicable to property rights and obligations arising during the marriage in connection with acquired by one spouse property right or commitment from him pecuniary obligation. Countries have various legal options:
First, the marriage contract can refer to any of the legal regime of community
Second, the marriage contract the parties may agree on ways of managing and disposing of the acquired during the marriage assets, incl. and use of the family home.
Third, the marriage contract may stipulate the obligations of contributions to the costs and obligations borne to meet the needs of the family
Fourth, a marriage contract may stipulate obligations relating to the maintenance of the spouses during the marriage, and this coupled by the legal prerequisites for the emergence of a right to maintenance.
 
Property rights and obligations of spouses in terms of premarital property
 
  In the part devoted to the properties acquired and held by each spouse before marriage, the contract governing the rights and obligations of spouses in respect of property that were acquired alone / in exclusive ownership / or joint ownership between them before marriage, regardless of the reason for the acquisition and regardless of whether the assets are acquired with or without compensation.
 
Property rights and obligations of spouses in divorce
 
  With the marriage contract may be settled property relations of spouses after the termination of marriage.
The contract can not contain stipulations with regard to death. In a number of foreign jurisdictions / German, Swiss, Austrian and others. / Expressly permitted in the marriage contract to be incorporated etc. agreement on succession, under which the parties agreed, among others, and patrimonial situation of each of them in case of death of the other spouse.


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Advantage of the marriage contract Advantage of the marriage contract