WHAT IS THE DIFFERENCE BETWEEN MARRIAGE AGREEMENT AND PROPERTY DIVISION AGREEMENT

When people marry each other, there are no negative thoughts about divorce in their thoughts.

But practice shows that over time the risk of divorce in couples only increases, and that is why there are urgent and difficult questions about how to secure one's property from one of the spouses in case of divorce.

In this article, we will consider the question, what is the difference between a marriage contract and a property division agreement?

The difference between a marriage contract and an agreement on the division of property between spouses is manifested in the following:

• which subjects have the right to enter into such contracts?

If we are talking about a marriage contract, then by law its parties can be spouses who entered into marriage and citizens who have submitted an application to the DRATS authorities for registration of family relations (marriage).

That is, if persons live in a civil marriage and during this residence have acquired joint property, as well as children, then they do not have the right to enter into a marriage contract with each other.

If we are already talking about the division of the property of the spouses, then it can be concluded by the following subjects: the spouses who entered into marriage; citizens who live together as a family but have not registered marriage in the DRATS bodies; citizens who are divorced.

The list of persons who have the right to enter into an agreement on the division of property is wider.

• content of these agreements.

The marriage contract provides for the regulation of property relations of citizens, not only their rights but also their obligations.

For example, determining the rights and obligations of persons, as future parents, etc.

And in the agreement on the division of property between the spouses, it can be determined only how the jointly acquired property of each spouse is divided.

Thus, the content of this contract is much narrower than the marriage contract.

• mandatory notarization.

A marriage contract must be notarized, otherwise, it will not have legal force.

The agreement on the division of property between spouses is subject to notarization when real estate (house, apartment, land plot, etc.) is distributed between persons.

• the moment when the contract enters into force and is subject to execution, as well as the presence of marriage.

If the spouses have divorced, then in this case the marriage contract cannot be concluded. In addition, it takes legal effect only when the marriage was registered, if the contract was usually concluded by the spouses before that.

And in the case when the marriage contract was concluded by the spouses, its validity is connected only with the notarial certificate.

As for the agreement on the division of property between spouses, it does not depend on the existence of a marriage between citizens, since it can be concluded even after their divorce.

However, if the persons did not live together as one family and did not acquire joint property that is subject to division between them, as well as did not register a marriage between them, then in this case there is no reason to conclude such an agreement since there are no legal relations that it should regulate.

If you do not know what is better to choose a marriage contract or division of property between spouses, then contact experienced specialists - the "Prikhodko and Partners" law office.

Our lawyers are always ready to provide you with competent and professional help in solving this issue because we specialize in the field of family law and fully understand its legal nuances. Get in touch!