Love is not a hindrance: Everything you wanted to know about marriage contracts
The practice of entering into marriage contracts appeared in Russia most recently, it has long been believed that such a document destroys romance and puts an end to eternal love. In the West, couples argue more pragmatically: to protect their financial status in marriage and especially after it is a habit that does not indicate a lack of feeling at the start.
However, according to Vedomosti, the Russians have recently begun to conclude such agreements much more often (earlier every tenth pair did it, now every third). True, unlike the United States and Europe, where, if desired, literally everything can be stated in the document - from the frequency of sex to the home cleaning schedule - the Russian marriage contract controls only financial and property issues. We understand how to conclude a marriage contract in Russia, what is the difference between the Western and domestic agreements of the spouses, why the document is not able to protect against domestic violence and what extremes can get married couples.
Who needs marriage contracts?
In one of his many books on the road to financial success, "The Art of the Comeback," current US President Donald Trump wrote that you should never marry a woman who refuses a marriage contract. The author of the arrogant remark was faithful to this principle from the very beginning: he made a marriage agreement with all three wives, which, when divorced from the first of them (Ivana), helped the businessman to avoid serious losses. Ivana received quite a lot from the contract - $ 14 million, a 45-room mansion in Greenwich, apartments in the Trump Plaza, and 650 thousand dollars for the maintenance of children. But material well-being did not compensate for family trauma - after the divorce, the former wife accused Trump of rape.
Branding the sexist bravado of the President of the United States, in the world of the rich and famous the contract is really a prerequisite for marriage, and rationality is a natural component of family life, and not at all evidence of a special mercantile spirit and cynicism. Someone's financial disagreements marriage contract exhausts completely. For example, thanks to this document, financially successful (which cannot be said about other aspects) passed Chloe Kardashian's divorce. After parting with basketball player Lamar Odom, she received $ 2 million at a time, $ 25,000 in monthly maintenance, plus $ 5,000 monthly for shopping and self-care, as well as permanent front row seats at the Lakers basketball team.
Sometimes the marriage contract ceases to arrange one of the spouses already on the eve of the divorce. But in such cases, as a rule, the court refuses to change anything. For example, the wife of billionaire Ken Griffin (his fortune is estimated at $ 7 billion), Anna Diaz, according to the marriage contract, was to receive a modest $ 35 million. She tried to raise the amount of payment through the court, but was refused. In the same way, the former spouse of Russian businessman Arkady Rotenberg (her fortune is about 2.6 billion dollars) Natalia: she tried to rewrite the contract in her favor, but the Tushino court did not go to meet her. The details of the contract were not disclosed, but it is known that Natalya and her children live in a private house in London on the income from renting Moscow real estate inherited from a spouse.
Even more difficult are couples who have not entered into a marriage contract. Most recently, the high-profile divorce proceedings of Johnny Depp and Amber Heard died down, and it's not just that Depp was accused of domestic violence. Former spouses did not enter into a marriage contract, so the actor for six months refused to pay $ 6.8 million in compensation awarded by the court. Moreover, the state of Depp is estimated at 400 million dollars.
Sir Paul McCartney’s divorce and model Heather Mills also dragged out due to a lack of marriage. Although, according to Heather, before the wedding, she offered the musician a contract. In court, the former spouses called different amounts. Paul McCartney offered 15.8 million pounds sterling, Heather requested 125 million pounds sterling, simultaneously reporting on assault on the part of her ex-husband. The court, in turn, ordered McCartney to pay his former wife 50 million pounds.
How does it work in Russia?
In contrast to Western countries, in Russia marriage contracts only regulate property relations. Under normal circumstances, during a divorce, the property acquired during a marriage is divided between the husband and wife in half. The marriage contract allows spouses to determine the owners of the property at their discretion. The content of the contract may be spelled out in general terms in the spirit of "all property acquired during marriage remains for its owner", and may contain an impressive amount of items identifying owners of indoor flowers or expensive clothes. Also in the contract, you can fix the distribution of business income, the procedure for paying loans and even distribute family expenses.
In the contract, you can specify the conditions of ownership not only the already existing property or business, but also those that will appear in the future. “Absolutely any conditions regarding the property, its maintenance costs, shares in it in case of divorce and everything that imagination is capable of and what circumstances are pushing can be included in the marriage contract,” lawyer Dmitry Shevchenko, partner of the law bureau, says Zamoskvorechye ". The contract provides for three types of property: joint (without determining shares), equity (works the same way as joint, only with certain shares) and separate (each remains with its). “And often people think that only real estate can be the subject of a contract, but if a service is expensive for you and a kitchen table for your partner, you can determine their owner in the contract,” lawyer Alice Obraztsova notes.
Contrary to stereotypes, the marriage contract is shown not only to owners of large assets and numerous real estate. Quite ordinary Russians worry about their property. "I entered into a marriage contract in 2008 with my ex-husband (I am now married to another person). At that time we lived together for three years, and during that time I managed to buy an apartment in the near Moscow region, but there were problems with property registration right on the eve of the wedding. My ex-husband, being a man of exceptional honesty, himself offered to conclude a marriage contract, so that my relatives and I did not worry about the fact that during a divorce he could potentially qualify for this property ", says Elena (the name is changed to the request of the heroine).
The couple signed a template version of the marriage contract, where it was stated that all property acquired in a marriage remains for its buyer. After the divorce, they did not have any financial claims to each other, although the psychological separation was difficult for them. Over time, the former spouses began to communicate again and even became friends. According to Elena, the reason for a successful divorce is precisely in a conscious approach to marriage: “People are afraid to discuss important things and destroy the feeling of happiness — at that moment it is scary to stumble upon complete incomprehension and rebuff. But the initial ease results in the fact that a long-term marriage with children and mortgage becomes very painful.It is very important to discuss not only the issues of property and finance, but views on personal space, comfort and time.The marriage contract does not kill romance, but only helps to dot the i, to identify the interests and the needs of both sides. "
In an unexpected way, the marriage contract helps to solve completely unobvious problems - for example, to reduce tax payments. Alexandra (the name was changed at the request of the heroine) entered into a marriage contract a few years after the wedding. "We bought a new apartment, and the realtor advised to conclude a contract so as not to pay extra taxes. On the eve we sold the apartment and were under the threat of a tax deduction - after all, the tax could consider that we profited from selling real estate. In the marriage contract, we indicated unequal ownership shares home, and thus it became obvious that all the money from the transaction went to a new apartment. " Alexandra and her spouse, concluding the marriage contract, proceeded only from practical considerations.
How to conclude a marriage contract?
The contract can be concluded long or on the eve of the wedding - it will enter into force only after the registration of the relationship. To do this, simply contact the notary. The document can be drawn up and living in a marriage, for example, after buying an apartment or starting your own business. "Often, marriage contracts are signed before a divorce in order to divide property in a civilized manner,” says Alisa Obraztsova, “which generally indicates that people even in difficult situations can find the strength to negotiate peacefully.”
There have been cases when the marriage contract was used as the last attempt to save the family. For example, golfer Tiger Woods agreed to revise the terms of the marriage contract with his ex-wife Elin Nordegren in 2009 (then it became known about the athlete’s many betrayals). Tiger offered his wife immediate payment of two million dollars and fifty-five million more for an additional two years in marriage. But it did not work, and the model filed for divorce, and without it, having received one hundred million dollars in compensation. In Russia, the content of the marriage contract can be changed at any time, only mutual agreement is necessary. So after unplanned major purchases (you can specify in advance), it makes sense to additionally contact the notary. "Property not listed in the document in the event of a divorce will be divided between the spouses in half," says Obraztsova.
If we are talking about specific things (for example, antiques), it is better to protect yourself and enter their description and characteristics into the contract - a lawyer can help with this. "A good marriage contract is always individual, so using the template, if the ownership of something more expensive than a nickel silver table set is redistributed, from my point of view, is inappropriate," Obraztsova advises. The cost of the contract also depends on its complexity. For example, if we are talking about the rights to a single apartment, a sample contract and a simple trip to a notary will be enough - in Moscow it will cost around ten thousand rubles. “But if we are talking about a more detailed document, it is necessary to consult with a lawyer,” said Obraztsova. In this case, the price of the marriage contract begins with thirty thousand rubles and above. Notaries, in turn, usually do not give specific advice, but only fix the conditions prepared with a lawyer on paper.
When a marriage contract is made before a divorce, the participation of a lawyer is especially important. In the interests of the spouses to reflect in the documents all the property that may be the subject of dispute. "The most striking cases of registration of a marriage contract occur just not at the marriage, but at its termination. People list everything - cats and dogs, and even something that was long forgotten. The property is divided according to such inventory lists, which even during no marriage was made, "says Dmitry Shevchenko.
What else does the marriage contract solve?
And still more often marriage contracts are drawn up by businessmen. "Losing your business is a tool for earning money - or suddenly, getting a completely unreliable partner for people is much worse than dividing cars," says Alisa Obraztsova. It is possible to state in the document how income will be distributed through participation in shares or shares of a particular company. “Theoretically,” says Dmitry Shevchenko, “you can do the same with debts — for example, to oblige only one spouse to pay a debt if he has the status of an individual entrepreneur.” Responsibility for the payment of loans can also be specified in the marriage contract. Napoleon took advantage of this opportunity. In 2014, his pre-wedding agreement with Josephine Beaugarna was sold at an auction for 437 thousand dollars. The document was written that the spouses will not have common ownership, and hence the responsibility for each other's debts.
The marriage contract, by the way, regulates property relations only between a husband and wife. Many issues related to children are not related to the marriage contract. The size and frequency of alimony payments determines a separate agreement that can be signed while being married. Despite the fact that the marriage contract cannot determine with whom the child will live after the divorce or upbringing, the spouses can indicate which of the parents and in what form they plan to support the children. “For example, the cost of food, treatment, purchase of clothes, other goods and items is paid for by the mother, and the father is paid to study at the university,” says lawyer Vladimir Postanuk.
Brad Pitt and Angelina Jolie painlessly divided four hundred million dollars and twelve houses thanks to a 101-page marriage contract, but the disputes over who the spouses will live with the children, do not subside until now. The divorce of another iconic Hollywood couple, Tom Cruise and Katie Holmes, was also financially peaceful. In 2012, the actress received a total of eighteen million dollars and a mansion worth thirty-five million dollars. Doubts arose only about the payments for the maintenance of the child - thirty-three thousand dollars a month seemed like an unjustifiably small amount to the tabloids.
The contract may also help in the advance resolution of fairly unobvious questions. For example, if a man marries again, having children as potential heirs from another marriage, he can help relatives avoid conflict after his death. "To do this, you must conclude a marriage contract with a new spouse, determining its share of ownership, and draw up a will for other heirs. Then the children from their first marriage will not be able to claim a share of the inheritance of the new wife," Obraztsova explains.
What could be the difficulty?
It is rather difficult to challenge the conditions of a marriage contract, but such cases are often considered in court. “As a rule, the cause of the injustice of the document becomes,” said Obraztsova. For example, during family life, a woman was engaged in children, and her husband built a career, and in the contract it is written that she cannot claim any property acquired in marriage. Such conditions may be considered unfavorable for one of the spouses and cause the termination of the contract.
One of the most striking examples of such a claim can be considered the divorce of Alexei Mordashov and Elena Novitskaya in 1996. Severstal’s general director, Alexey Mordashov, signed a contract with his wife, under which, in case of divorce, he pledged to pay his son three hundred euros a month and another six thousand euros annually, and also had to give his wife a three-room apartment in Cherepovets (about ten thousand dollars) and a VAZ -2109. Five years later, Elena Novitskaya challenged the document in court, demanding 32.5% of Severstal’s shares (the company’s value was estimated at $ 1 billion), a quarter of Mordashov’s monthly income as alimony and another 563.2 million rubles as underpaid alimony. Novitskaya lost in court, and Mordashov’s lawyer charged the state duty to the former wife of the client at 1.5% of the value of the subject of the dispute (Severstal). As a result, Novitskaya owed the state 213 million rubles and in 2010 appealed to the European Court of Human Rights demanding that Russia be obliged to pay 500 million dollars in compensation. Over time, the spouses agreed among themselves, and the case was not developed.
“But the second spouse doesn’t always act as a plaintiff in such cases,” lawyer Vladimir Postanyuk explains. “Often third parties are suing the court, for example, creditors. Sometimes people with large debts enter into a marriage contract in which they write everything to their spouse to protect their property from collectors. And some go away from paying debts on alimony through a marriage contract. For example, a former spouse does not pay alimony for a long time and, wanting to protect property acquired during marriage from bailiffs, rewrites everything to a new spouse. "
“Well, of course, there are cases when one of the spouses is a victim of deception,” says Vladimir Posanyuk. “For example, when making a mortgage, the husband convinces his wife that it is easier to indicate the owner of his apartment and promises that the marriage contract will be terminated Then they close the loan, the wife offers to change the terms of the contract and, having received an unexpected refusal, goes to court. "
What are the extremes?
“In the West, worrying about your property when entering into marriage is not considered something shameful, which is why it is customary to separate relationships and the material component,” says Alisa Obraztsova. “Moreover, only in a small number of states do property divide in half, as in Russia, the rest will have to go to court. Also, according to American law, in case of divorce, the partner who provided the other spouse will be required to maintain it until the next marriage. "
Но у брачных контрактов, в которые можно вписать почти всё что угодно, есть и обратная сторона. Посредством такого контракта устанавливают не только правила владения имуществом при разводе и получения доходов от бизнеса, но и контролируют нематериальные отношения. Можно прописать сумму компенсации за набор лишнего веса, измену или регулярность занятий сексом. In 2012, the New York Post published a text in which the famous New York lawyer Nancy Chemtob told about the strangest points that residents of the metropolis include in marriage contracts. Some of them are obvious violence: for example, one 40-year-old man forbade his wife to cut his hair, play the piano at home in his presence, and also ordered an abortion in case of an unplanned pregnancy.
And there are more and more such cases. A 27-year-old journalist before marriage, impressed by the infidelity of her former boyfriend, prescribed that in the event of adultery she would receive an additional forty thousand dollars during a divorce. Another couple indicated in the contract that for each case of husband’s harsh treatment of his wife’s parents, he would be obliged to pay ten thousand dollars. And in the case of pregnancy, she will receive fifty thousand dollars for carrying each child. Another couple included in the marriage contract a ban on smoking at home, as well as the obligation of the spouses to attend a program in the center that specializes in rice diet and a ban on watching TV at home once a year.
By the way, according to another New York lawyer, Raul Felder, specific marriage contracts have long ceased to be a fad of rich people. Now such an agreement can be made by a school teacher and a small business owner - the link between neurosis and wealth is a thing of the past. But if for some the marriage contract for a hundred pages is a desire to fix oral agreements on paper, for others it is almost a maniacal desire to control the behavior of the partner by financial blackmail.
“In the US, Europe, marriage contracts have more freedom, they can also regulate the non-material relations of spouses, which is why scandals and absurd incidents occur in the press quite often,” Vladimir Posanyuk believes. He explains that any spouse may provide for contract sanctions in the event of adultery, fix how often he and his “half” must take out the garbage, wash dishes and vacuum, go shopping and even limit intimate relationships. At the same time, the lawyer notes: “The complexity of the legal regulation of family relations lies in their instability and variability - they are not miscalculated in advance. So, even with a strong desire to provide absolutely everything in the marriage contract is simply impossible.”
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