What kind of right does a marriage contract have? How to draw up a marriage contract. Protecting a business from encroachments by a spouse

By concluding an agreement, you can prevent conflicts on “housing” grounds during a divorce.

Intending to buy or already owning real estate upon marriage, future spouses think about concluding a prenuptial agreement. Will it really protect a couple from conflicts based on property relations in the event of a divorce?

Managing Director of the Real Estate Investment Department of Becar Asset Management Group Katerina Soboleva claims that every year the number of prenuptial agreements is definitely increasing, as people have become more pragmatic. At the same time, there are far fewer problematic divorces in which real estate disputes arise.

1. How is property divided without a marriage contract?

According to the law - equally. Any jointly acquired property, that is, acquired during the entire period of marriage, in the absence of a marriage contract, according to the legislation of our country, is divided between the spouses. “By default,” a halved division is provided (the court may decide to divide unequally in the interests of the spouse with whom the children remain). But Katerina Soboleva draws attention to two exceptions: real estate is not considered jointly acquired if it passed to one of the family members by inheritance or if one of the spouses received a deed of gift for it. When a prenuptial agreement is drawn up, all possible options are usually spelled out in the terms and conditions.

2. When can a marriage contract be concluded?

Before or after marriage. Senior lawyer at Advex Corporation. Real estate" Tatyana Rzhevskaya notes that a prenuptial agreement can be concluded either before marriage or during marriage, but not after a divorce. “A marriage contract comes into force at the moment of signing and notarization of the contract, if it is concluded in marriage. If the agreement is concluded before marriage, it will enter into legal force at the time of registration of the marriage,” says Ms. Rzhevskaya.

“In our practice, we often encounter situations where a prenuptial agreement is concluded before a major transaction,” adds Katerina Soboleva.

3. What can be stated in the contract?

Almost anything the couple deems necessary. According to Tatyana Rzhevskaya, the legislation does not contain an exhaustive list of conditions that must be included in a marriage contract. The parties determine them at their own discretion.

A marriage contract allows for a change in the ownership regime of both the entire property of the spouses and certain types of property or the property of each of the spouses. Thus, the expert notes that a marriage contract can establish: a regime of joint ownership (for example, indicate that only real estate will be considered joint property); shared ownership regime (indicate that the spouse will own, for example, only 1/3 of the purchased property); separate property regime (for example, when property acquired by spouses during marriage will be the property of the spouse who acquired or registered it). You can also determine the property that will be transferred to each spouse in the event of divorce.

Tatyana Rzhevskaya adds that other conditions can be determined by the spouses if they regulate property legal relations, do not contradict the law and do not violate the rights and freedoms of the spouses. For example, planning purchases, including on credit.

A marriage contract, as one of the types of civil law contracts, may contain conditions traditional for all documents of this kind, for example, the duration of the contract, rules for termination and amendment, liability for failure to fulfill the terms of the contract.

4. Is it possible to divide property purchased before marriage?

Yes, a prenuptial agreement may concern more than just jointly acquired property. According to Tatyana Rzhevskaya, a marriage contract can also change the regime of personal property of spouses - in terms of property that they acquired before marriage. For example, one of the parties can list his partner as an equal owner of real estate acquired before marriage or write down part of the cost of the purchased property to him. The shares of the spouses may be equal or unequal - this is stipulated in the document.

Katerina Soboleva is sure that everything must be included in the contract if everyone plans to preserve their assets. “To think that some points may be unnecessary is quite reckless, because you will have in your hands a legal document that has a certain force,” says an expert at Becar Asset Management Group.

5. Are there any prohibited techniques?

Yes. An agreement may be invalidated if it is drawn up solely in the interests of one party. Lawyer of the Lawyer-Real Estate company Sergei Slobodyanyuk explains that the Family Code (clause 2 of Article 44) provides a special basis for invalidating, in whole or in part, a marriage contract at the request of one of the spouses, if the terms of the contract put this spouse in an extremely unfavorable position .

Main principle family law, according to Sergei Slobodyanyuk, is the equality of spouses, in which the rights of any of them are not infringed. Thus, it is impossible to stipulate that all real estate, money, etc., acquired during marriage, in the event of a divorce, goes only to one of the spouses. There must be some kind of compensation.

In addition, paragraph 3 of Art. 42 of the Family Code directly prohibits the inclusion in a marriage contract of conditions that place one of the spouses in an extremely unfavorable property position. In other words, a prenuptial agreement should not be an enslaving transaction. For example, the following clause may be considered enslaving: “In the event of a serious illness of relatives, the spouse provides them financial assistance, after which all property becomes the property of that spouse.” Sergei Slobodyanyuk argues that in order to recognize a transaction as enslaving, not only an extremely unfavorable position of one of the parties is required, but also a confluence of difficult circumstances for it, under the influence of which the transaction was concluded.

6. How to protect the interests of children?

This can be done as part of a prenuptial agreement. As Tatyana Rzhevskaya says, the legislator gives citizens the opportunity to plan for protecting the interests of children during a divorce. A marriage contract allows you to secure their interests and clearly delineate the responsibilities of parents to their children. The document can provide for the rights and obligations of spouses for the mutual maintenance of each other and minor children both during the marriage and after its dissolution, for example: “The husband is obliged to provide his wife with monthly maintenance in the amount of 50 thousand rubles per month until the children reach the age of 18 , or the spouse whose dependent children remain, the real estate and the vehicle are transferred.”

Tatyana Rzhevskaya believes that it is especially important to provide for this condition in the marriage contract in cases where one of the spouses is engaged in housekeeping and raising children, as well as in the event of incapacity for work of one of the spouses. It should be borne in mind that a marriage contract cannot limit the right to receive maintenance of a disabled, needy spouse, a wife during pregnancy and for three years from the date of birth of a common child, regardless of her need and ability to work, a needy (but not necessarily disabled) spouse, caring for a common disabled child until the child reaches the age of 18 or for a common disabled child from childhood of group I.

In relation to children, only property obligations can be included in a marriage contract. For example: “In the event of the birth of a child, the parents transfer 1/3 of the property to the child,” “When the child reaches 18 years of age, the husband transfers the property to the child.”

7. How to avoid mistakes in a contract?

With the help of a qualified lawyer and notary. Currently, a marriage contract is concluded only in notarial form, and an experienced notary will never miss a contract containing clauses that do not comply with the law. “It is important for persons wishing to conclude a marriage contract to find a competent and experienced lawyer who can explain the rights and obligations of spouses when concluding a contract, and most importantly, contact a notary who has experience in drawing up marriage contracts, including complex ones,” Sergey is sure Slobodyanyuk.

He also emphasizes that the marriage contract can only be changed by concluding a new marriage contract or an agreement to terminate it.

A prenuptial agreement is a document that protects the financial interests of each spouse during the period family life and in case divorce proceedings. It is interesting that despite the conviction of many that the preparation of such a contract is somewhat unethical, its relevance increases every year. However, in order for a document to gain real legal force, it must first be correctly drafted and executed.

In what cases is it worth preparing a contract?

A marriage contract is understood as a document that includes provisions regarding the property rights of spouses both during family life and upon divorce. It is important to understand that such a transaction is recognized as bilateral. Accordingly, the inclusion of any clauses in the contract requires the consent of both the husband and wife.

The need to prepare a prenuptial agreement usually lies in the desire of the spouses to determine in advance the procedure for dividing property in the event of a divorce. If, in the absence of such a document, the procedure involves division in equal parts, then if there is a contract, the court will be guided precisely by its content. The agreement in this case has clear priority.

It is worth concluding a marriage contract in following cases:

1. Buying a home in a building under construction. For example, the future spouse invests money in the construction of his own apartment, but there are still 2 years until the end of the process. At the same time, the marriage ceremony with the future wife should take place in six months. Accordingly, upon completion of construction and actual entry into ownership, the apartment will already be considered the common property of the spouses. To ensure that in the event of a divorce the home is not subject to division, it is worth concluding marriage contract, where to indicate that the object was purchased with the husband’s personal money and belongs only to him.
2. Receiving real estate as a wedding gift. Let's say the parents of the spouses invested money in purchasing a cottage for the newlyweds. But on the part of the bride, 3 million rubles were invested, and on the part of the groom, 6 million. In case of dissolution of the union, according to the law, the object will be divided in equal parts. However, when concluding a marriage contract, you can add a clause to its contents where it is indicated that 1/3 of the house belongs to the wife, and 2/3 to the husband. In this case, the object will be distributed between the man and the woman in the designated shares.
3. Business activity registered before marriage. For example, when a man gets married, he owns a certain enterprise or firm. The future wife does not work yet, but is undergoing training. After registering the relationship, the husband’s business begins to generate income, while the wife does not yet invest that much into the overall budget. In the future, the family plans to buy housing and a car. In order for the court to fairly divide the property in the event of a divorce, the spouses enter into a contract indicating that the car belongs to the wife and the real estate to the husband. Other property is recognized as common and, if necessary, divided equally.
4. Separate budget. If, with a separate budget, marriage partners actively acquire all kinds of valuables, then the marriage contract states that each spouse is considered the sole owner of those property objects that are registered in his name.
5. Purchasing property with personal funds. Generally, property acquired during marriage is considered community property. But if you add a clause to the marriage contract that a specific object belongs to the wife or husband, the court will recognize the property as personal property.
6. Property is difficult to divide in reality. This is possible when spouses purchase a one-room apartment. If there is no other property, it is easier to include a clause in the contract on the procedure for dividing the property in the event of a divorce. For example, it can be stated that the wife becomes the owner, but at the same time she undertakes to pay ex-husband 2.5 million rubles as compensation.

Of course, there can be many more options and situations. It all depends on the specific case, income level, possessions acquired before marriage and other points.

The opportunity to prepare a marriage agreement is available to both persons who are just intending to register a union, and citizens who are already married (Article 41 of the RF IC). In the latter case, the document begins to be valid from the moment of signing. For future spouses, the contract becomes valid from the date of registration of the union.

If the wedding is cancelled, the contract does not come into force. From which it also follows that persons living in a civil marriage cannot enter into such an agreement.

You can prepare a document in the following ways:

True, one way or another you will need to contact a notary, because the contract must be subject to notarization. Otherwise, the agreement will not receive legal force.

What conditions can be included in the agreement?

The form of contract does not have any specific standard. The main thing is that the document must be prepared in writing. But as for what conditions can be included in a marriage contract, it all depends on the specific situation and interests of the parties.

Typically, the contract stipulates the following points (if necessary):

1. Property regime. Spouses have the right to establish a joint, shared or separate mode of ownership of property objects. Moreover, it is possible to include in the list both all property, without exception, and its individual types belonging to each spouse. It is also important to describe which objects cannot be divided in principle, and who exactly is considered their sole owner. For example, these could be cash deposits, gifts, real estate, cars, in a word, any property.
2. Sizes of shares. The parts belonging to each party are specifically and clearly identified. It is these shares that will be transferred to the spouses in the event of their divorce. It is not forbidden to indicate specifically by name what is due and to whom. For example, a car for a husband, an apartment for a wife. In addition, it is worth clarifying whether premarital property will be subject to division if the other party invested money in it, due to which the value of the property has increased significantly.
3. Responsibilities for mutual maintenance. In particular, will the disabled marriage partner or the one with whom the children remain receive monthly financial support from the other party.
4. The procedure for incurring family expenses by husband and wife. For example, in proportion to the size of shares in joint property.
5. Housing rights. Here it is worth explaining the procedure for vacating housing if the apartment belongs entirely to the second spouse. For example, the non-owner agrees to leave the premises within 30 days of the divorce. And not just move out of your home, but also de-register.
6. Participation in the fulfillment of monetary obligations. This paragraph specifies whether the second spouse will participate in the payment of loans issued for the second half. And can a creditor seize property belonging to, for example, ex-wife, to pay off her husband's debts.
7. Conditions for terminating the contract and the procedure for its termination. In particular, that the contract can be terminated only with the consent of the spouses who signed it.

The document is certified by the signatures of the husband and wife, as well as a notary officer. Compiled in 3 samples. One for spouses and one copy for storage at the notary office.

Restrictions

The provisions of the marriage contract must concern exclusively property, general or personal. It is allowed to include conditions regarding objects that are only intended to be purchased. But it is absolutely unacceptable to include clauses in the contract that affect the interests of third parties or limit the legal capacity of the husband and wife themselves.

For example, it will not be possible to include terms in the agreement in the following areas:

• transfer of property to third parties after divorce proceedings(for example, it is impossible to indicate that part of the property will go to the mother-in-law);
• personal relationships between husband and wife (for example, the frequency of marital duties in sexual terms);
• ban on registering a new marriage;
• compensation in case of betrayal.

If prohibited conditions were recorded in the agreement, then they will be considered invalid. Moreover, the rest of the agreement will continue to be in force.

The court may annul the contract if its terms put one of the spouses at a disadvantage. For example, if, according to the contents of the document, one party receives everything, and the second is left with nothing.

What documents may be required

As for what documents are needed when concluding an agreement, it all depends on what kind of property we are talking about. The parties will need to confirm ownership of the objects included in the agreement.

The general list of papers consists of the following items:

1. passports of spouses;
2. marriage certificate, if the agreement is drawn up after the registration of the relationship;
3. title papers for property - extract from the Unified State Register of Real Estate, technical documentation, purchase and payment receipts.

After checking the documents, the notary certifies the contract with his own signature and seal. The fixed fee for certifying a marriage agreement is 500 rubles.

It is recommended to draw up a marriage contract with the help of a qualified specialist, because the subtleties of property issues may not be clear to the average citizen. But it is not forbidden to prepare a contract yourself, using templates, of which there are quite a lot on the Internet. The main thing to remember is that a marriage agreement is a very individual document. And its content directly depends on the property and financial legal relations between specific spouses.

A prenuptial agreement (contract) is based on an agreement between two parties who are married or are about to enter into one. The essence of the marriage contract is that the spouses want to determine the fate of property rights and obligations that develop during their cohabitation, as well as in the event of divorce.

So, if one of the spouses does not want to share in the future an apartment purchased with his personal savings, then by signing a marriage contract before registering the marriage, this property is not subject to division after its dissolution.

Or another example, (applicable to foreign countries) if one of the spouses commits adultery or other offenses, then he is deprived of all rights to acquired joint property in marriage.

In this article:

The procedure for concluding a marriage agreement (contract)

In the article we will tell you under what conditions and why a marriage contract is concluded at all, and we will outline the criteria by which it is drawn up. Let us draw the reader's attention to the fundamental important points upon its execution and agreement between the parties.

It is not the responsibility of the spouses to enter into a marriage agreement, since this is not provided for by law. Future spouses enter into a marriage contract on separate property voluntarily and by mutual consent.

If they enter into such an agreement, then it has legal effect on the arising marital relations. In the absence of a marriage contract, the relationship of the spouses is subject to family law.

According to which, property acquired during marriage is joint property and is divided in equal shares.

The opportunity to conclude a marriage contract is available both before marriage, after its registration in the registry office, and during family life. The only difference is that the beginning of the marriage contract will be calculated from the moment it is concluded by the spouses.

According to the form, the marriage contract must be drawn up in writing and subsequently certified by a notary. Accordingly, one copy is kept by each spouse and one by the notary.

Notarization gives the marriage contract greater formality and publicity. Information that has become known under the marriage contract cannot be disseminated to the notary under the threat of liability.

Contents of the marriage contract (contract)

The essence of the marriage contract is as follows:

1. The parties establish their own regime, rather than the one established by law and, for example, in the event of a divorce.
2. The agreement may establish a joint, shared or separate mode of ownership of property. For example, shared ownership applies to an apartment, and separate ownership applies to cars.
3. The agreement is drawn up in relation to property already acquired by the spouses and therefore concluded during marriage, or for real estate that will be acquired in the future.

As restrictions on the terms of concluding a marriage contract, it is not allowed to include clauses in the contract that limit or infringe on the constitutional rights of spouses.

For example, it is not allowed to limit the exercise of the spouse’s rights to seek protection in court, freedom of speech, work, or not receiving financial support.

The validity of a contract between spouses may be limited to a specified period, or until the dissolution of the marriage.

Parties to the marriage contract

The parties to a marriage contract, as mentioned above, can be the following persons:

1. Directly the spouses who entered into a marriage relationship, which is recorded by the civil registry office and issued a certificate.
2. Persons planning to get married in the near future and who may receive the status of spouses.

It is not allowed to establish the terms of a marriage contract with the participation of other close relatives, for example, parents, children. It is also not allowed to enter into a marriage contract between ex-spouses unless they plan to resume family relationships.

The age for concluding a marriage contract is 18 years. However, if there are different rules in a given region, then they also apply to the procedure for concluding a contract between future spouses.

Standard sample forms and forms of marriage contracts

Concept and purpose of a marriage contract

Current legislation gives the following definition to this type of legal relationship between citizens: a written agreement concluded between married spouses, aimed at protecting the property rights of the parties in the event of divorce proceedings between them (Article 40 of the RF IC).

Thus, by signing this legal document, a man and a woman insure themselves against judicial trial and division of jointly acquired and personal property, which was acquired from the savings of each of them.

Spouses often find themselves initially in an unequal property position both before and during marriage: they have different sources of income, one of them may even be fully supported. In the absence of an agreement, in the event of divorce proceedings, the other party can legally (without investing a ruble) demand half of the jointly acquired property - Art. 256 of the Civil Code of the Russian Federation. The concluded contract acts as a kind of insurance.

Here are the conditions under which the agreement in question is usually concluded:

• one of the parties invested personal savings in unfinished construction, which will become property only after marriage;
• received a wedding gift from the parents of one of the newlyweds;
• functioning successful business project organized before the wedding;
• people have separate family budgets;
• property is difficult to divide;
• In the course of family life, property is purchased purely with personal money.

Surely there are several other options in which it would be advisable to conclude this marriage contract. The contract clearly has benefits when the husband and wife are initially in an unequal property position, which was before marriage and continues during their cohabitation.

Subjects of the agreement

The parties to the agreement are capable citizens who have officially entered into family agreements. Therefore, this document can be concluded at any time after receiving a marriage certificate (clause 1, article 41 of the RF IC). At the same time, it doesn’t matter if a year or more passes after the family was formed. Often people turn to this “legal instrument” after several years of marriage.

Is it possible to register it before people get married? Yes it is possible, but with a caveat. The bride and groom can draw up the text of the agreement and have it notarized, but the document can only gain legal force from the moment the marriage is officially concluded (clause 1, Article 41 of the RF IC). If this event does not occur, the agreement is invalid.

How and where to apply

First of all, both parties must have strong intentions to start a family or to be husband and wife.

The law provides only for a written form of concluding an agreement with mandatory notarization (clause 2, article 41 of the RF IC). If this rule is violated, the document will not have legal force.

Everything can be formalized at the nearest notary office at the place of residence of the spouses.

It will not matter whether a private or public notary will formalize the legal relationship. It is recommended that you familiarize yourself with the notary's fees in advance so as not to overpay.

Any bilateral agreement specifies the fundamental parameters in accordance with which it will be executed and regulate legal relations after a divorce.

Through the document, you can change the legal status of jointly acquired property, specify the obligations of the parties that may arise under certain circumstances.

You can designate a separate type of things that already belong to them, or presumably acquired in the future (clause 1 of Article 42 of the RF IC).

The document usually states the following conditions:

1. Determine the legal regime of ownership: joint or shared. It indicates what things remain with each party during a divorce, and to what extent. What exactly belongs to a husband or wife in a marriage as personal property, what will be shared and what will not.
2. Indicate the volume of shares belonging to family members: upon divorce, the husband gets a car, and the wife gets a dacha.
3. Guarantee the possibility of lifelong maintenance if one of the spouses becomes disabled.
4. Limit spending family budget.
5. Determine the procedure for repaying loans taken by the second party. This sets out the conditions under which the husband pays for his wife’s loan, which the woman took out before the wedding. There is an important circumstance that follows the fate of whether the creditor, in case of non-compliance with the terms of the contract, can take away mortgaged apartment, if the loan was repaid from the husband’s personal money.
6. Create additional conditions and termination procedures.

For each of the conditions, you can prescribe specific deadlines or circumstances that will occur or may occur (clause 2 of Article 42 of the RF IC).

The conditions specified in the document should not reduce the legal capacity of one of the parties, prevent them from going to court to protect their rights (including receiving maintenance in the event of disability), limit contact with children, or place a person in an extremely unfavorable position that violates the fundamentals family law(clause 3 of article 42 of the RF IC).

How to conclude a marriage contract: instructions

The procedure is divided into several stages. Before it begins, the parties must have the intention to draw up a document, resolve all existing disputes, and discuss the nuances.

It is important that this step does not damage existing relationships. After all, not all people still understand the meaning of this document during a divorce. In fact, the contract protects the property rights of each party.

It is advisable to discuss each point together. If there are contradictions, then immediately resolve them on the spot, so that later there will be no disputes with the notary. It’s even better to pay attention to the parameters that are indicated in the document and express your wishes or disagreement. When all parties have reached an agreement, the main stages can begin.

Step one: draw up the text of the agreement

This is done in several ways. Everyone chooses what is more convenient and acceptable for themselves.

You can do this:

• independently, if legal literacy allows;
• contact a professional lawyer who will help you write a document or provide a sample of its preparation. When one of the newlyweds pays off the mortgage, the template can be obtained from a banking institution;
• obtain information on the Internet;
• drawn up directly at a notary's office.

When contacting a lawyer or notary, such a service may cost money. Therefore, we recommend that you pay attention to the recommendations in our article.

Step two: arrive at the notary

The visit should be made together. You must have with you: a passport and a marriage certificate.

It is advisable to make photocopies of them in advance, as they will be needed during the procedure. Additionally, you will need title documents for movable real estate and property, which will be specified in the contract.

These include:

1. Extracts from the Unified State Register of Real Estate.
2. Cadastral and technical passports for an apartment, car, house, bank deposits.
3. Certificates and extracts from government bodies indicating the completion of the transaction.

The entire package of documentation must have certain validity periods. Everything is drawn up without blots or errors, in accordance with the current regulatory framework.

Step three: enter into an agreement and pay the state fee

If citizens provide the text of a document to the office, then the official, first of all, studies it for compliance with the law and makes adjustments, which he agrees with the applicants.

If a notary draws up an agreement on the spot, then he first examines all the evidence provided to him and verifies its authenticity. Based on the wishes of the spouses, he draws up the text of the contract.

Once the agreement is prepared, both parties should read it carefully.

If there are controversial issues or misunderstandings, they must be resolved, clarified, or made additions on the spot. If the husband and wife have no complaints, they sign the document, and then the notary certifies it with his seal.

The cost of certification is 500 rubles (state duty). In addition, applicants must also pay for the technical work of the notary. Its amount ranges from 5 to 10 thousand rubles.

This action involves drawing up the text of the agreement, and checking it against current legislation, reconciling the provided certificates and extracts, and checking the legal capacity of the spouses.

Termination and modification of the terms of the agreement

Adjustments to an already existing agreement can only be made with the consent of both parties (clause 1 of Article 43 of the RF IC). This cannot be done unilaterally.

A contract can be terminated in the following cases:

• during an official divorce (clause 3 of article 43 of the RF IC);
• when both parties refuse to comply with it;
• the period within which the agreement was valid has passed;
• was recognized in judicial procedure invalid.

A husband or wife cannot unilaterally refuse to fulfill the terms of the agreement. This is subject to civil liability, which is usually specified in a separate clause in the contract.

However, the wife can sue in order to terminate or change it in case of violation of its terms (clause 2 of Article 43 of the RF IC).

The court is authorized to recognize invalid agreement partially or completely, if it puts a person at an extreme disadvantage financial situation.

What to do if one of the parties pays off the mortgage

Taking into account the fact that the marriage contract regulates the property relations of the spouses, a mortgage taken out during marriage or before the wedding can also be made as one of the terms of the agreement.

Most people, especially young families, are forced to take out a bank loan to buy a home. Payments are long-term in nature; a prenuptial agreement will not be superfluous in case of divorce and distribution of acquired property and personal funds invested in construction.

IN in this case in the text you will need to indicate:

• borrower and co-borrower;
• who is the owner of the property, in what shares, does the other party have the right to compensation;
• who paid the down payment, who paid off the current payments on the loan, interest during the period of marriage and what will happen after the divorce;
• from whose income the mortgage will be repaid;
• liability in case of non-compliance with the mortgage agreement.

Most banks are interested in drawing up a prenuptial agreement for a mortgage. Authorized employees of the financial institution will give clients a sample and provide consultation with a bank lawyer.

If the contract was drawn up before the loan was issued, then you can draw up an additional agreement to it with a notary, which will indicate all the conditions for its repayment.

Conclusion

The agreement in question is an effective tool for resolving property disputes during a divorce.

However, there are points that are prohibited by law from being reflected in the contract:

1. Designate the place where the children will live after the divorce.
2. Indicate that property is transferred to third parties after divorce.
3. Cover personal and intimate relationships and obligations of spouses.
4. Prohibit getting married.
5. Provide compensation in case of betrayal by one of the parties.

The document regulates individual relationships between spouses and takes into account the specific situation between the parties.

Its preparation is dictated by the existing realities of life and protects a person from losing part of his property during a divorce.

Legal practice shows that the number of appeals to the court during divorce related to the division of property after the conclusion of a marriage contract has decreased significantly.

Family Institute in last years has ceased to be eternal and indestructible, as a result of which married couples often think about drawing up marriage contracts. By dividing love and financial relationships, spouses protect their rights and interests, which may become a source of stumbling blocks during a divorce.

In principle, there is a rational grain in this approach to marriage, and there is no point in arguing with it. Who knows when love will end and the spouses will have to separate. An agreement drawn up in writing and endowed with special legal force will help to eliminate possible litigation regarding the division of property. Today we will consider the essence of marriage agreements and the features of their conclusion.

A marriage contract is a document regulating the material relationship of spouses.

A prenuptial agreement is a type of agreement that defines the relationship between spouses regarding specific aspects of their life together. This document regulates the property relations of the parties to a marriage directly during its course or during a divorce. can be concluded both between existing spouses and between persons entering into marriage.

The concept of a marital agreement has been known to world jurisprudence for quite some time. The first mentions of such documents date back to the times of Ancient Rome. In principle, since then neither the essence nor general principles the conclusion of marriage contracts has not changed. To this day, they are regulated by the material side of the relationship between spouses, and are also completely legal. Moreover, some aspects in terms of execution of marital agreements are regulated by law.

It is important to understand that a marriage contract is a document that regulates only the material, financial side of the relationship between the spouses.

Everything that concerns the relationship between the wife and husband cannot be regulated by such an agreement. Most often, when a marriage contract is concluded, it states:

• the procedure for owning property both for the entire family and for each spouse individually;
• rules for dividing property after divorce;
• principles of distribution of family income, budget;
• the need for one spouse to pay alimony to the other under certain circumstances;
• liability of spouses for non-compliance with the provisions of the contract.

In addition to these points, the content of the agreement can reflect any issues related to the regulation of material and financial relations between husband and wife. An exception is the specifics of distribution of family property after the death of one of the spouses. For these purposes, it is compiled. As for the marriage contract, the main thing is that it does not violate the legal rights and interests of any of the spouses, and also does not regulate the non-property aspects of their life together.

A marital agreement is concluded at the initiative of both parties to the relationship. It is illegal to force anyone to enter into a contract. If one of the spouses does not want to enter into a marriage contract, one should either negotiate peacefully or abandon such an undertaking. There is no other option.

Law on marital agreements

The legal basis of the marriage contract is concluded in the IC and the Civil Code of the Russian Federation

It was previously mentioned that legislation partially regulates all issues related to marriage contracts. To be more precise, the basic principles for concluding such agreements are reflected in two acts:

• Civil Code of the Russian Federation (Civil Code of the Russian Federation);
• Family Code of the Russian Federation (RF IC).

The main source of knowledge about the marriage contract from the point of view of legislation is considered to be Chapter 8 of the RF IC. It states that a marital agreement is a document defining the property relations of the parties to a marriage. In addition, articles of the code from 40 to 44 clearly reflect the principles of concluding, terminating and changing a marriage contract.

Other aspects in terms of concluding these agreements are regulated civil law. Thus, according to some provisions of the Civil Code of the Russian Federation, marital agreements require mandatory certification. IN otherwise, they will be invalid.

Marriage agreements began to be regulated by law in Russia not so long ago. The first mention of the possibility of its conclusion was reflected in the first edition of the Civil Code of the Russian Federation in 1994. A few years later, the issue of marital agreements was reexamined, and an entire chapter was devoted to it in. Therefore, from 1996 to this day, spouses have entered into marriage contracts in full compliance with the law.

Fortunately, in most cases, these documents are only formal and are not used by spouses to resolve disputes.

When can a contract be concluded?

A prenuptial agreement can be concluded at the time of marriage or after it

A marriage contract is rarely concluded in the family sphere of the Russian Federation. According to official statistics, only five percent of married couples resort to drawing up such a document.

Of these, only 1-2 families out of 10 use the agreement to resolve conflicts and other controversial situations, the procedure for regulating which is reflected in the agreement itself.

An agreement can be concluded in different time periods. The legislator did not provide for any prohibition in terms of document execution.

If desired, spouses can draw up a marriage contract:

• directly during marriage;
• before its official registration.

The agreement comes into force:

• the next day after the conclusion, unless otherwise provided by the content of the document and the specifics of the particular case;
• upon the arrival of the date reflected in the contents of the agreement;
• from the date of official registration of the marriage, if the contract was concluded before this moment and its content does not provide otherwise.

As you can see, regarding the time frame of the agreement, everything is simple - it is concluded at any time, and comes into force on specific dates. Understanding this aspect of marital agreements is very simple.

Drawing up a document

The contract must be drawn up according to legal standards

A marriage contract is not a document that can be drawn up freely, without regard to any legal norms. To acquire legal force, the drawn up agreement must be drawn up within the framework of business paperwork and in accordance with current laws. Under other circumstances, the document will not have legal force and, as a result, will become invalid.

The main requirements for a marriage contract are considered to be:

1. Drawing up a document exclusively in written form.
2. Mandatory notarization.
3. Consistency of the content of the agreement with the laws of the Russian Federation.

It is especially important to take this last requirement into account. Let us repeat, marriage contracts regulate only the financial and property relations of the parties. Such agreements cannot specify the responsibilities of spouses for cleaning common housing, cooking and similar aspects of life. It is unacceptable to forget about this.

To avoid mistakes, when a marriage contract is concluded, it should be drawn up in the following order:

1. The spouses discuss the contents of the agreement and come to a consensus regarding its type.
2. Then, with the help of a professional lawyer or using a high-quality example, the document itself is drawn up. It reflects everything that the spouses came to during an oral discussion of the contents of the paper. By the way, the contract can be drawn up both in written and printed form. The main information in it should be aspects of regulating the relations of the parties. It is necessary to indicate all the property of the family and each of the spouses, on what basis they own it and to whom it should go under certain circumstances.

Note! In accordance with the law, almost all family property acquired during marriage belongs to the spouses in equal shares. The exception is inherited, gift, intellectual, personal and privatized property. A marriage contract can change this procedure for the distribution of property. To do this, it is enough to indicate new principles for the formation of the property base.

• information about his parties (spouses);
• date of conclusion (optional date of entry into force);
• basic provisions regarding the regulation of relations between spouses;
• list of attached documents;
• signatures of the parties.

An agreement is drawn up in 3 copies, which are distributed in equal quantities between the spouses and the notary. In principle, even if there are errors in the marriage contract, there is no need to worry. It is always checked by a notary before certification, and he points out all the incorrectly completed items.

Procedure for concluding an agreement

Registration of the contract consists of five stages

The procedure for concluding a marriage contract is not particularly specific. As for marriage, in its process the agreement is formalized in a typical way. IN general view The registration procedure should be divided into five stages:

1. Formation of the content of the contract and conclusion of oral agreements between spouses.
2. Drawing up an agreement in 3 copies.
3. Collection of documentation necessary for official registration of the contract. This includes:

• passports of spouses;
• marriage certificate (if available);
• documents confirming the spouses’ right of ownership of the property reflected in the agreement (certificates of bank accounts, shares in capital, documents of title to real estate, etc.).

To provide a notary, you need either original documents or their certified copies. Otherwise, the spouses will not be able to conclude a marriage agreement.

1. Contacting a notary to check the drawn up agreement.
2. If everything is in order - official registration of the agreement, in other circumstances - making the required adjustments and registering the already amended agreement.

Notarization is paid service, so the spouses will need a certain amount of funds. In the case of certification of a marriage contract, the cost of the service is fixed and equals 500 rubles for all notaries.

As for drawing up a marital agreement with lawyers, this procedure will cost more. Depending on the place of application, spouses may be asked to pay from several thousand to several tens of thousands of rubles. Much depends on the solidity of the office and the quality of the future draft contract.

Some spouses are interested in the question: “Is it possible to conclude a marriage contract through a representative?” There is no clear answer to this, but in practice, notaries often refuse to implement such a procedure.

This is due to the fact that concluding a marriage contract is a personal transaction, and therefore can only be carried out between the parties to the agreement. This is indirectly stated in Article 182 of the Civil Code of the Russian Federation, therefore the refusal of a notary to register a marriage contract through a representative is completely justified and cannot be disputed.

Amendments and termination of obligations

As with any agreement, changes can be made to the prenuptial agreement. According to Article 43 of the RF IC, it is possible to change the contents of the document:

• at mutual consent parties to implement this procedure;
• according to the existing court decision.

Unilateral changes to the clauses of the marriage contract are unacceptable.

As for , it is implemented on completely identical grounds. Only spouses who agree to do so or are obliged by a court decision can dissolve a marriage contract.

Changes and termination of the contract are determined in writing through the notary who registered the marital agreement itself. To carry out such procedures, it is enough to contact a specialist, outline the essence of the whole situation and pay a fixed 500 rubles to make the appropriate changes.

Features of registration of marriage agreements

A prenuptial agreement has its own very important nuances that must be taken into account!

In principle, the essence and process of registering a marriage contract are extremely simple to understand.

Such agreements regulate the material relationships of the parties to the marriage, are regulated by the laws of the Russian Federation and are concluded in a standard manner.

Despite this, the execution of marriage agreements has its own nuances. The most significant features should be highlighted:

• Impossibility of concluding a prenuptial agreement after marriage. Its registration is allowed only before registration marital relations or directly in marriage.
• The legality of concluding agreements regarding a specific property. For example, some families draw up a marriage contract when purchasing real estate, reflecting in the document important provisions regarding the use and distribution of the purchased property. However, other aspects of their material interaction are not reflected in the agreement. This approach is completely legal and applicable in practice.
• Duration of marriage contracts. According to Family Code Russian Federation, such agreements are valid until the divorce of the spouses or another period noted in the document itself. The legislator does not impose any restrictions on the duration of the contract.

The remaining nuances and subtleties of drawing up marriage agreements were discussed earlier. To correctly conclude a contract, it is enough to take into account all of the above.

Advantages and disadvantages

At the end of today’s article, let’s pay attention to the advantages and disadvantages of a prenuptial agreement. Let's start with the obvious advantages of these agreements. Their list is as follows:

• general simplicity of contract execution;
• its versatility;
• regulation of all aspects related to the agreement by law;
• ensuring the protection of property rights and interests of spouses;
• the ability to prevent unpleasant situations in the future.

The disadvantages of marriage contracts include:

• the impossibility of covering all aspects of family relationships;
• limitations in terms of the content of the agreement (for example, the procedure for distributing inheritance cannot be included);
• ethical nature, which can bring discord into the family due to the distrust of one spouse towards the other.

What is more significant specifically for you - decide for yourself. Our resource recommends that you treat any concluded contracts extremely responsibly. We hope that the presented material has helped all readers understand the essence of marital agreements and the peculiarities of their execution.

Watch a video about the benefits of a prenuptial agreement and how to conclude one:

Before 1994, little thought was given to economic obligations in the event of divorce in Russia. In the Soviet Union, people got married early, rarely became fantastically rich, and received apartments from the state for the whole family. Market relations changed everything, and in 1994, a marriage contract was mentioned for the first time in modern history appeared in the Civil Code of the Russian Federation. In 1996, a separate chapter was dedicated to him in the Family Code.

A marriage contract is a voluntary agreement entered into between spouses or those who intend to become spouses. The document specifies property rights and responsibilities during marriage and after divorce.

Why everyone needs a prenuptial agreement

According to a survey conducted by the Higher School of Economics in 2015 and 2016, 86% 82% of Russians marry for love respondents believe that a marriage contract is not necessary. There are several reasons. Some people don’t want to interfere with feelings and commercialism. Others believe that they have nothing to share anyway. Even if spouses enter into life together With one toothbrush and a lot of love, it is better to foresee potential risks in advance.

Certainly, from the outside, the proposal to conclude a marriage contract may seem mercantile and unethical. However, often a marriage contract is a restraining factor and prevents spouses from acting rashly, and sometimes even stupidly.

Victoria Aptekina, leading lawyer of the European Legal Service

To avoid manipulation and revenge

Why a marriage contract is not a panacea

The legislation on marriage contracts contains several nuances. The document does not regulate the non-property relations of spouses and cannot determine the rights and obligations in relation to children. And, most importantly, if one of the spouses considers himself disadvantaged, he can challenge the marriage contract. And this often happens during a divorce. In this case, the showdown between yesterday's husband and wife will move to court, where it will turn into a battle of lawyers.

For example, in 2013 in Nizhny Novgorod The court declared the contract between the spouses invalid. Under the terms of the contract, the partners received property that was registered in their name. After the divorce, the wife got the house and the flower business, since all this was registered in her name. The husband stated that he signed the papers while drunk. This fact was confirmed by witnesses. As a result, the property was divided strictly in half.

Therefore, a marriage contract does not provide 100% protection.

How is property divided if there is no prenuptial agreement?

If the spouses managed to save face and a sense of justice during the divorce, it is possible to divide property according to the principle “this is yours, and this is mine” without a prenuptial agreement. When it comes to court, all family property is distributed strictly in half. There are exceptions when property is not subject to division. What remains personal and indivisible is what was:

• acquired before marriage;
• purchased after divorce;
• received as a gift (if there are relevant documents or witnesses);
• inherited by one of the spouses;
• necessary for professional activity(a car is for a taxi driver, a musical instrument is for a performer).

Personal items and children's property are also protected from attacks. The latter category includes not only coloring books and Stuffed Toys, but also accounts opened in the name of the child.

The rest will be divided in equal shares. The court will have questions regarding the cars suddenly sold shortly before the divorce and the money withdrawn from the deposit. Anyone who recklessly disposed of common property may be required to compensate the spouse for half the actual cost of the car or the funds spent. Therefore, if something was acquired through the backbreaking labor of only one of the spouses, it is better to take this into account in the marriage contract.