Now about marriage. In Russia, family life, strictly speaking, is regulated by the “Code of Marriage and Family”, adopted in 1968. According to this Code, the basis of each marriage concluded by Russian citizens is love, “free from material calculations”. Does this mean that any marriage contract in which material issues are stipulated will not have legal force?
An interesting question. There is no exact answer to it yet: Russian lawyers already have the experience of concluding marriage contracts (about 10 have already been concluded in Moscow), and there is no judicial practice of the contract for the contract yet.
What will it be? Strictly speaking, “the obligations of the spouses, reflected even in a document certified by a notary public, have no legal force,” said the Moscow notary Galina Vergasova, who issued several marriage contracts (officially this is called the “agreement on the legal regime of spouses”).
Why then?.. Firstly, even the illusion of guarantees heats up (“I am calm, I am warm, I have complete guarantees under the contract”). Secondly, in the current legislative vacuum, the nuances solve a lot, and any document can be correctly used by your lawyer in your interests. The law has never been drawn in any case, but give the lawyer an additional chance. Thirdly, sooner or later a marriage contract will receive legal force in Russia.
Everything goes to that. Two years ago, the corresponding committee of the Russian parliament prepared the project of improving the “Code of Marriage and Family”. This project just provided for the conclusion of a notarized marriage contract (as well as, for example, equalized the rights of “children from a test tube” with ordinary).
Unfortunately, the Supreme Court of Russia did not manage to consider this project (for reasons beyond its control). But from all this it is clear that the idea has already begun to master the masses. So, she will not go anywhere. Since the current legislation does not prohibit marriage contracts, it is possible that the improved “Code of Marriage and the Family” will have return. It was then that you will take the coveted documentary from your safe … (we joke, of course).
In general, we do not urge everyone to urgently run to conclude marriage contracts. Because perhaps such a thing is transformed to you. Perhaps, in spite of everything, you will not talk to him (her) about it. But for many, this can become the very guarantee of pure, disinterested and selfless love, not muddered by anything outsid. Absolutely nothing.
