The Content of Marriage Contract

The RA  Family Code defines as the norms  that need to be taken into account when signing the marriage contract. It provides:

1. The spouses may change the scope of the common property; establish common, shared or personal property towards all the property of the spouses, its separate types and personal property of the spouses by the marriage contract.

The marriage contract can be concluded on both the present property and the property to be obtained.

Through the marriage contract the spouses may establish mutual rights and obligations of meeting each other’s living expenses, ways of participation in each other’s income, the procedure of making family expenses by each of them, the property which should be given to each of them in case of divorce, as well as the spouses can stipulate any other norms of their property relations by marriage contract.
2. Rights and obligations stipulated by marriage contract can be restricted for a certain period or depend on emergence of certain circumstances or vice versa.

3. Marriage contract cannot restrict the rights or capability of the spouses, their right to apply to court for protection of their rights, regulate personal non-property relations between spouses, rights and obligations of spouses with regard of children, stipulate a provision restricting the right of the incapable spouse to require living means, include other stipulations that create unfavorable conditions for one of the spouses or contradict the major principles of family legislation.

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