How to conclude a marriage contract. Several examples from life when an agreement will save the situation. ✔ When can you conclude a marriage contract?

Only 7% of Russian families have settled property issues through a marriage contract. This unpopularity of the marriage contract is caused by the legal illiteracy of the majority of citizens. But if this document is drawn up correctly, it will be able to protect not only property interests, but also, possibly, the family. For more information about what can be included in it and what cannot, how to conclude it (procedure) and when, read on.

How to conclude a marriage contract (step-by-step algorithm)

1. Come to an agreement regarding the subject of the contract

This is the beginning, without which nothing will move forward. Spouses need to come to a consensus on all points and discuss them orally, and only then move on to writing.

Please note that the subject of a marriage contract can only be property issues (for example, whether the acquired property will be their common or separate property, who will pay the mortgage, etc.). Issues of marital fidelity or housekeeping, obligations to “have” a child and other plans for the future of a non-property nature cannot be included in its content.

Therefore, before drawing up an agreement, check Article 42 of the RF IC.

2. Draw up a marriage contract

The RF IC puts forward a mandatory requirement for the form of a marriage contract - it must be written and notarized.

There are several options for where to get the text of the agreement:

• , and edit to suit your requirements;
• take a ready-made template from the bank (applies to cases when drawing up marriage contract for a mortgaged apartment);
• contact a law office, where an experienced lawyer will write it for you, or immediately go to a notary, who will also certify it.

The first two options are free, the last one will cost approximately 5,000 rubles in Moscow.

3. Appear in person to a notary to certify the contract

You must come together, bringing with you:

• passports of each spouse;
• marriage certificate (if available, but more on that later).

You will also need to confirm ownership of the property that already exists and regarding which the issue will be resolved. For this you may need the following documents:

1. extract from the Unified State Register (it is easiest to obtain);
2. BTI documents - technical and cadastral passports for property;
3. extracts and documents from other government bodies that confirm property transactions.

Please note that both parties must be present in person. The conclusion of such an agreement on behalf of one of the parties on the basis of a power of attorney is not permitted.

The question immediately arises - which notary should I go to? IN in this case it doesn’t matter - be it private, be it public, be it in your own city or any other in the Russian Federation.

4. Pay the state fee for certification of the contract

According to the established tariff, it is 500 rubles. However, in addition to this, you will have to pay for the provision of the service itself. What does it include? Notaries in their price lists refer to this service as “legal and technical work” and set prices for it from 5 to 10 thousand rubles. This should be understood as checking the provisions of the contract for compliance with the law, as well as the data provided regarding the identities of the spouses and property.

Please note that it will probably be cheaper to contact a notary directly, who will draw up the text of the agreement and immediately notarize it. Thus, you will pay once for his service (plus the state fee), since checking what he wrote himself simply does not make sense. IN otherwise You will first have to pay a lawyer, then a notary for verification, and if you decide to draw it up yourself, the consequences may be even more unprofitable.

5. Get your copy of the contract

This document is drawn up in 3 copies at once, so no copies need to be made: one of them remains with the notary, the other two are given to each spouse.

Who can enter into a marriage contract?

Capable persons who have reached the age of 18, even if they are not officially married, have the right to enter into it (more on the nuances of this point below).

However, we’ll immediately make a reservation: a person can be recognized as legally competent at the age of 16 (and in some constituent entities of the Russian Federation even earlier) if he starts a family. Accordingly, from this moment he receives the legal opportunity to conclude a marriage contract.

If a person has reached the age specified above, but has been declared incompetent by a court decision, even a legal representative cannot conclude a marriage contract on his behalf.

When can it be drawn up and when does it acquire legal force?

Article 41 of the RF IC gives a clear answer to this question - spouses can do this:

1. before marriage registration;
2. being married at any time.

You cannot conclude a marriage contract when the spouses have already divorced. If they want to settle their property disputes voluntarily, then this can be documented using an agreement on the division of property, but not a marriage contract.

The moment this document acquires legal force depends on when it was concluded:

• if before the wedding, then from the moment the marriage is registered in the registry office;
• if married, then from the moment of certification by a notary.

An agreement drawn up before marriage will remain an ordinary piece of paper if its parties do not legalize their relationship. Its provisions do not apply to regulation up to marital relations, which means that only with the acquisition of the official status of husband and wife by its compilers, this piece of paper will turn into a document that has legal force.

Termination and modification of a marriage contract

A marriage contract may be terminated in the following cases:

1. divorce;
2. bilateral refusal of the marriage contract, which is drawn up in a separate document and certified by a notary;
3. the arrival of the period indicated in the database as the expiration date;
4. declaring it invalid in court.

The grounds for recognition of a marriage contract are general, the same as for all civil contracts (Articles 166-180 of the Civil Code of the Russian Federation).

Unilateral refusal of the marriage contract is not allowed. If the husband or wife refuses to follow the rules or fulfill the requirements specified in it, they will be held accountable. Typically, the text of the contract has a special section “Responsibility of the Parties”, which details the consequences of non-compliance.

Making changes to it is permitted by law. However, both parties to the contract must agree to these adjustments and be personally present during their execution. This can be done at any time (before marriage, during marriage) in any notary office by drawing up a new written document with notarization. It will serve as an additional agreement to the main part of the contract.

How to conclude a prenuptial agreement for a mortgage

Since a marriage contract can regulate any property relations between husband and wife, it can accordingly determine the procedure for paying off a mortgage, that is, a loan taken to purchase property.

A mortgage is a long-term undertaking that lasts for 20 years. During this time, a lot can change, but only one thing will remain unchanged - your joint debt. Therefore, it will be better if you resolve the following issues through it:

1. which of you is the borrower, whether the other spouse is a co-borrower;
2. into whose ownership the apartment is purchased:
   • if in total, then in what shares;
   • if separated, will the second spouse receive compensation in the event of a divorce;
3. who will pay regular mortgage payments, and who will pay the down payment, who will repay the loan amount, and who will pay interest and other additional expenses;
4. from what sources of income the loan will be repaid;
5. what liability will arise for those who refuse to fulfill the contract;
6. how the debt will be divided in case of divorce, etc.

Example. The Demyanenko family entered into a prenuptial agreement, as required by the bank, to obtain a mortgage. It contained the following provision: 2/3 of the apartment’s share is owned by the husband, and 1/3 by the wife’s share. However, they forgot/did not want to provide for the possibility of divorce, and therefore did not indicate who would pay the remaining mortgage debt and to what extent. But the divorce took place and this issue arose acutely for them.
In such situations, the mortgage debt is distributed between them in the same way as the property, that is, the spouse will have to pay 2/3 of the remaining amount, and the wife - 1/3. Then, they will finally receive ownership of the apartment and will be able to exchange it, sell it, or one of them will agree to give it up in favor of the other for compensation.

Many of the banks now require the conclusion of a marriage contract from their clients, since in the event of a divorce, disagreements may arise regarding the payment of the debt, and it will take a lot of time to sort this out in court. That's why many bank branches even have ready-made templates such agreements, whether you agree to use them or not is up to you. It’s just that banks usually include those provisions that are primarily beneficial to them. You can take this template and consult with an independent lawyer (not from the bank), and then, together with him, adjust it and draw up a new one, taking into account the changes.

If the spouses have already managed to draw up a prenuptial agreement in marriage, then the bank’s requirement can be fulfilled as follows: come to a notary, draw up an additional agreement to the existing agreement, stipulating only the situation with the loan, and bring the main prenuptial agreement along with the certified agreement to the bank employee.

Favorable terms of a mortgage marriage contract

The purpose of a prenuptial agreement is to achieve fairness. By law, all property acquired during marriage is owned by the spouses in equal shares. With a prenuptial agreement you can change these shares, and this does not always mean that someone finds themselves in less favorable conditions. Let's look at examples.

• One of the spouses takes on the loan and is responsible for its repayment only with his or her property (not joint property).

Example. Paramonov took out a loan for himself in April 2012. He and his wife drew up a marriage contract, which included a clause stating that the mortgaged housing belongs only to him, and the wife has no rights to it. In January 2019, he began having financial problems and his wife left him. The mortgaged housing was taken away to pay off the debt. If the marriage contract had not been drawn up, then Paramonov’s wife would have acted as a co-borrower under the loan agreement and then the fulfillment of the loan obligations would have passed to her. In this situation, the wife is the winner, since she will not pay off her husband’s debt, and besides, her share in their common (non-mortgage) apartment cannot be alienated to pay off the debt, because the bank can repay the debt exclusively at the expense of a separate Paramonov's property, but not their common property with his wife.

• The loan is taken by the one who is officially employed, and for the one who actually pays it, the contract provides compensation in case of divorce or stipulates that the apartment will be in common shared ownership.

Example. Vakulenko D. wanted to take out a mortgage in his own name and pay for it himself, since he is engaged in a “shadow” business and has a high income. The bank refused him on the grounds that there was no documentary evidence of his income. Then Vakulenko N., his officially employed wife, took out the loan for himself. Having thought everything over, the spouses enter into a marriage contract, according to which the mortgaged housing is the property of only the wife, and in the event of a divorce, in case of compensation, the husband will receive a country house.

• The parents provide money for the apartment, and the spouses take out a loan for themselves, defining in the contract the shares of the apartment in accordance with the amount of invested parental funds.

Example. The Solomonenko family lived with his wife’s parents for a long time. Her parents decided to give a gift to their daughter and help the young family buy an apartment on credit, paying off their mortgage. Since banks do not issue loans to persons over 45 years old (and both parents are over 60 years old), the loan was issued to their daughter, and the son-in-law acted as a co-borrower. At the same time, a marriage contract was drawn up between them, which implied that 2/3 of the apartment would belong to the wife, and 1/3 to the husband, since his parents also “took part,” but in a much smaller monetary equivalent.

• The down payment is maternal capital or personal funds of one of the spouses - shares in the apartment are distributed according to the amount of invested funds.

Example. Anokhina A. received maternity capital of 453,026 rubles, and in addition, she did not withdraw the scholarship during the entire study and collected 100,000 rubles. Plus, as a dowry before the wedding, her Godfather gave her 200,000 rubles. Together with her husband, Anokhin M., they decided that this money would become the down payment on the mortgage, and then would be used to pay regular payments. Anokhina's friend A., a lawyer by training, recommended that she draw up a marriage contract, in which she proposed to indicate that 2/3 of the apartment would belong to her, since the apartment would be purchased to a large extent at her own expense (in total 753,026 rubles with the cost of the apartment being 1 million R). The contract was concluded on the terms that a friend advised, and it was very opportune, since 3 years after the mortgage was issued, the marriage broke up. And if there had not been a prenuptial agreement, then Anokhina A. would have been owed only half of the apartment purchased practically with her money alone.

How much does it cost to conclude a marriage contract?

This topic has already been touched upon above, but it wouldn’t hurt to indicate a more or less specific figure to make it easier to navigate. So, the cost of its conclusion includes:

1. preparation of a layout - from 5,000 rubles;
2. its legal and technical verification - from 5000 rubles. (if you did not contact a notary for the layout);
3. state duty – 500 rub.

In total, you will spend a minimum of 10,500 rubles. If you want to make changes to it in the future, prepare 5,000 rubles, then the cost will rise to 15,000 rubles.

But if you want to save money, it is better to immediately contact a notary, bypassing the stage of contacting a lawyer. A notary draws up a model of a marriage contract in the same way as a lawyer/legal consultant, and therefore will not charge the same amount for checking it. In total, the text and certification of the contract by a notary will cost less, around 8-9 thousand rubles + 500 rubles in state fees.

He can help you compose the text yourself and then you won’t have to pay for the layout of the contract at all. In this case, concluding a marriage contract can even cost a record low amount - 5,500 rubles.

Statistics are a harsh and very accurate thing. And according to these same statistics, at least one couple out of three breaks off their relationship. Yes, getting married is a joyful event, but for some, divorce is no less a happy day. People get used to thinking several steps ahead, so a prenuptial agreement is drawn up both after marriage and before the wedding.

The concept of a marriage contract and why it is needed

In essence, a marriage contract is a kind of peace agreement between spouses, in which exclusively material values ​​are regulated and calculated. This way, each spouse insures their property, which is extremely important for people with high incomes. This is how millionaires escape from mercantile people - a marriage contract will leave all the property to the owner.

Also, the marriage contract may contain information about the expenses that the spouses bear, for example, about payments for a large loan or mortgage during the marriage. The drafted agreement may also oblige one of the spouses to pay some compensation after the divorce. Interestingly, divorce involves dividing property between spouses in half, which is not always fair and just, especially if one of the spouses does not work. This is precisely why the question is relevant: how to draw up a prenuptial agreement in marriage or if the wedding is just ahead?

Everything that does not concern the property is not described in the contract.

What does the contract regulate?

First of all, the conversation is about the procedure for using the personal property of one of the spouses during marriage. There are three options here:

• in shares;
• separately;
• together.

The concluded contract also determines who will get what property. And this applies not only to existing values, but also to future purchases. Other integral and important points are also considered, for example, what part of the earnings is considered personal and what part will go to the family or even in the event of a divorce. The most important thing is detailed description responsibility for the fact that the husband or wife does not comply with the agreement.

There is a list of provisions that are part of the marriage, but have practically nothing to do with property, and therefore cannot be included in the agreement. As a rule, this concerns a violation of the rights of one of the family members - a ban on going to work is just one of these things. There should not be any mention of what and who will get in the event of death during the marriage: there are wills for this. It is also impossible to conclude a marriage contract if it contains references to various parental rights and responsibilities.

Contract before and after marriage

It is worth noting an important component: it is possible to conclude a marriage contract during marriage. There is, however, not very good news for those who live in a civil marriage - this document becomes valid only after the legal registration of the marriage. Before the wedding, it should be concluded only when it is known that the celebration will definitely take place, and the application has been submitted to the registry office.

The marriage contract must be certified by a notary. When paying for his services, you need to know that this amount includes a state duty of 500 rubles.

Sometimes there is a need to sell some property that requires the presence of both spouses. But if suddenly the husband or wife is absent, then the marriage contract can change the situation if it states that the property belongs to the seller. True, being in such a marriage will be somewhat problematic:

• a request for a contract may be perceived as a sign of mistrust;
• it is difficult to be able to start a relationship with the thought that it will certainly end;
• inattention and weak character will certainly lead to undesirable consequences.

Documents and order

So how to conclude a prenuptial agreement? It is worth noting that an agreement during or before marriage can be concluded not only by the spouses personally, but also by representatives of the lovers. The law does not provide for a ban. However, such a contract can be classified as a personal transaction, and in such cases the law requires the personal presence of the parties to the transaction. You will need a set of certain papers:

You can see what a marriage contract looks like after marriage, because a sample is attached to the article. It is worth knowing how to draw up a marriage contract, because the form must be filled out according to strictly established rules. It must be completed indicating the following information:

• the name of the paper, that is, “Marriage Agreement”;
• information about the place and date of signing the contract;
• personal information of the married couple - names, date and place where each was born, addresses, passport details, where and when the marriage took place (if they managed to get married), as well as details of the marriage certificate itself;
• for what purpose is the contract drawn up;
• how property is determined - in shares, separately or jointly;
• if there are debts or loans, then to whom and how to pay them;
• the amount of earnings of each spouse;
• how much the spouses spend;
• who will get what property if the married spouse decides to file for divorce;
• obligations to pay alimony from one spouse to the other;
• various other provisions; details and signatures of husband and wife.

Termination

After all, a contract is a contract, so it can be terminated in accordance with the procedure established by law. To do this, you need to make sure that at least one of the following reasons exists:

If the contract is terminated by mutual consent, there is no need to contact a judge. And to change some points too, the notary who certified the contract will help here. But in other cases you will have to go to court, as in the case if the spouse grossly violates the terms specified in the contract.

A prenuptial agreement is a great way to protect yourself and your property. But it’s worth thinking carefully: this document is not cheap, because it is used only by those who really have something to lose. Have a heart-to-heart talk with your significant other, because concluding a contract can have a detrimental effect on the relationship.

Attention! Due to latest changes due to legislation, the information in this article may be out of date. However, each situation is individual.

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From the article you will learn: what a marriage contract is, the pros and cons, the requirements for its preparation and the main purpose of this legal document for a married couple.

Few people know that the right of newlyweds to regulate property rights and obligations by drawing up a marriage agreement was enshrined in Family Code and guaranteed by his articles over 20 years ago. Russian newlyweds, as well as those already married, began to use this right relatively recently, which cannot be said about citizens of Eastern European countries and Americans. For them, fixing the basic conditions for the use, ownership and disposal of common joint property, both during the marriage and in the event of its dissolution, is no longer new, so there are no negative emotions or, even more so, the proposal to conclude a marriage contract does not cause offense.

What is a marriage contract? What conditions of drafting must be met for the document to be valid and have legal force? What exactly can be guaranteed by the agreement? You can find answers to these, as well as other questions regarding the conditions for concluding a transaction of this kind, in the material presented. The information contained in the article is relevant and fully complies with the requirements of current legislation.

What is a marriage contract, requirements for the document

In accordance with current family law, a marriage agreement is a civil contract, the parties to which are newlyweds planning to register their relationship with the registry office, or spouses who are already married.

The main purpose of the document is to regulate relations between the parties to the contract, and only those rights and obligations that relate to the property of future or existing spouses are subject to regulation. Thus, the contract may provide for the right of the husband and wife to receive half of all property in the event of divorce, regardless of the presence of children and their age. In addition, the contract can contain a list of types of property that will not be subject to the regime of common joint property, that is, property that will not be subject to division even in the event of a divorce.

For the agreement to be legally binding, it must comply with legal requirements. These include:

1. the clauses of the agreement must not contradict the law. Thus, the agreement cannot contain a clause that completely deprives minor children of the right to maintenance in the event of divorce between their parents, who are also parties to the contract;
2. Mandatory details of the document are the signatures of the parties, the date of its preparation;
3. the marriage contract is drawn up only in writing;
4. The completed agreement is subject to notarization. Before the parties sign the contract, the notary is obliged to explain to the newlyweds the consequences of concluding this transaction, and, if necessary, dwell on the details of individual clauses of the contract.

Note! If you do not plan to include special clauses in the contract that significantly distinguish it from similar contracts, you can write the text of the document yourself. Otherwise, it is better to seek help from a lawyer or negotiate the terms of this service with a notary, who will certify the agreement.

It should be noted that the contents of the marriage contract can be amended if the parties (one party) wish. If both spouses agree with changes to the text of the document, legal restrictions regarding the implementation of this action, no. If the husband or wife is against changing the agreement, the issue is resolved in court.

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The main purpose of the marriage contract, its content

As mentioned earlier, the main purpose of concluding a transaction, the consequence of which is the signing of a marriage contract, is to vest the spouses with property rights and establish their responsibilities.

It should be noted that in addition to property relations, a contract can regulate the relationship between parents and children. For example, according to the terms of the agreement, the spouse who initiates the divorce procedure may lose not only property rights to real estate or a car, but also the right to communicate with children. Before deciding to divorce, the potential offender will think a hundred times: is it worth making such sacrifices or is it okay to try to save the family? In view of the above, we can conclude that the marriage contract is intended not only to fix the main points of property relations between spouses, but also to strengthen family ties.

• establishing the share of each party to the contract in the event of divorce. According to family law, in the event of a divorce, common joint property is subject to division between spouses in equal shares. In the contract, the size of the share of the husband and wife can be changed; moreover, the party that violated the terms of the agreement can be deprived of the property right to an apartment or a car purchased during marriage in general. As for private property, that is, property purchased by a husband or wife before marriage, the contract can stipulate the conditions for the use of such property. Some couples stipulate in the marriage contract the possibility of transferring private property into joint property. The period after which a change of regime is allowed is preliminarily agreed upon by the newlyweds and then specified in the contract. As a rule, this period ranges from 15 to 20 years. If, over time, the spouses wish to reduce this period, they can amend the content of the agreement. If the parties agree, this is quite possible;
• obligations of husband and wife during marriage. Thus, the contract can indicate the husband/wife’s obligation to support the parents of the second spouse. At the same time, in the event of divorce, one of the parties who allocated money for maintenance has the right to demand compensation for the spent funds from the common joint property. Residents of Eastern European countries are more advanced in this matter; they stipulate almost everything: responsibilities for cooking, caring for children. Do not go unnoticed and intimate relationships. As for Russians, at this stage of development of the sub-institution of marriage relations, the main attention when drawing up a marriage contract is paid to property rights, and not to resolving issues of secondary importance;
• grounds for termination of marital relations. The most common reason for divorce and most often written into a prenuptial agreement is adultery;
• providing funds for the maintenance of a wife or husband. The agreement may contain a list of circumstances, the occurrence of which is the basis for the provision of maintenance funds. Thus, the obligation of a spouse to provide for his other half may arise as a result of her loss of ability to work, as well as in the event of divorce. The amount and timing of payments are also stipulated by the parties to the contract and are fixed in its contents;
• conditions for managing joint property. For example, if the spouses are the owners of a large company, then the contract can stipulate their responsibilities for managing it. At the same time, as a rule, liability is established for failure to fulfill one’s duties.

Important! The provisions of the marriage contract cannot place the husband or wife in an extremely disadvantageous financial position, nor violate the rights of children to parental support and other types of assistance until the latter reaches adulthood. If the terms of the agreement contradict the law, it can subsequently be challenged in court.

Advantages and disadvantages of a prenuptial agreement

Although at first glance a prenuptial agreement evokes not romantic, but somewhat mercantile feelings, it still has many more advantages than disadvantages. The biggest advantage of the agreement is that this document is sometimes a deterrent that forces the husband or wife to change their decision and save the family. That is, in essence, the contract does not allow spouses to act thoughtlessly, and sometimes even stupidly.

In addition, a prenuptial agreement has a number of other advantages:

1. the property rights of the spouses in the event of divorce have already been determined, so there will be no additional “division”;
2. the ability to change the ownership regime (from private to joint), make changes and amendments to the content of the document;
3. in the absence of a clause in the contract providing for the transfer of property from private property to common property, real estate and vehicles acquired before marriage remain the property of their original owner.

As for the disadvantages of the agreement, it has no obvious shortcomings as such. Perhaps the possibility of losing everything in case of violation of the terms of the contract, but this is no longer a minus, but a reminder of the responsibility that may arise if one of the parties to the contract evades fulfilling its obligations.

In view of the above, we can conclude that a marriage contract, so to speak, disciplines the spouses and brings more clarity to their family relationships, and this, in some cases, is much better than the irresponsibility and understatement, due to which many married couples decide to divorce. As a result, not only do they suffer ex-spouses, but also their children.

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 the 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 prevent the home from being divided in the event of a divorce, it is worth concluding a marriage contract, indicating that the property 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, a man entering into marriage 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 in the contract a clause 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 the 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.

Usually 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. 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.

When can a marriage contract be concluded? Russian legislation. Newlyweds can enter into marriage before submitting an application for registration, after submitting it, as well as after marriage. That is, a couple can enter into an agreement at any time before the divorce.

During the divorce process and after it is impossible.

A prenuptial agreement is a document signed by both parties based on a mutual voluntary decision. It may contain any agreements. But the legislation establishes certain rules that must be observed when drawing it up:

1. It must comply with legal standards and be notarized.
2. In it, spouses can indicate their rights and obligations, the distribution of property during and after marriage.
3. It can regulate the property status of common children.
4. The fundamental rights of both spouses to legal capacity and capacity must be respected.
5. It can be dissolved before the marriage is dissolved mutual consent spouses at any time.
6. The basis for the commencement of its legal force is the moment of conclusion of the marriage union.
7. It must be in writing.

Taking into account the basic rules when drawing up property and other agreements, spouses will be able to draw up a legally correct transaction that cannot be challenged in court. Spouses can draw up the document themselves or with the help of a lawyer.

But it will have legal force only when it is certified by a notary. Before certifying it, the notary will check the correctness of the document’s composition, as well as the internal contents of the document for compliance with its legal standards.

Forms of marriage contract

The legislation of our country does not prohibit concluding this transaction through representatives of the parties. Based on this, two forms of this document can be distinguished:

• concluded with the personal participation of the parties;
• concluded through representatives of the parties.

But in practice, many notaries refuse to certify documents signed by representatives of the parties. As a rule, such an agreement is easy to challenge in court.

Also, according to the period of the transaction, the following are distinguished:

• signed document before marriage;
• during the marriage.

Conclusion of a contract before marriage

The moment of conclusion of the transaction when drawing up and notarizing a document will be considered the moment of its signing by a notary. But it will enter into legal force only after the parties formalize their union with the registry office. If the partners do not legalize their relationship, the agreement will not come into force.

When concluding property agreements, future newlyweds can only dispose of future jointly acquired property. What they own before marriage is not governed by the prenuptial agreement. But if they wish, they can formalize the transfer of their property for personal or joint use to another by concluding other transactions, such as donation, purchase and sale, etc.

Conclusion of a contract during family relationships

While in a family relationship, a couple can enter into such a deal at any time. When compiling it, it is important to list all the property that the family has. And be sure to indicate the right of each family member to this property: personal or joint. The owners of the entire list must be registered. The same procedure applies to possible future property.

The couple must write in the document how they own and will own their property in the event of a divorce. By law, all joint property, as well as common obligations, are divided in half. If the spouses are guided by the law, then they write that they own and dispose of property in accordance with legal principles.

If the couple wishes to use and own property during marriage and after divorce, they write down the entire list of existing and possible future property. The general obligations of each party are divided in the same way.

When drafting, it is important not to violate the fundamental provisions of the rights of each family member. It is impossible to deprive a person of the right to defend himself in court proceedings, or leave him without the possibility of maintaining a family member in an incapacitated state.

The procedure for concluding a marriage contract

Considering the conditions that must be observed when drawing up a transaction and the grounds for its entry into legal force, it is important to follow the necessary procedure. Stages:

1. Preparation and discussion by both parties of the main provisions of the transaction, which will be spelled out in the document.
2. Drawing up a transaction in writing. You can do this yourself or with the help of a lawyer.
3. Collection necessary documents for notarization.
4. Notarization of a document.
5. Entry into a family union (in cases where the document is drawn up before marriage).

If the norms established by law are not observed, the agreement signed by the spouses will not be certified by a notary or may subsequently be challenged in court by one of the parties.

Provisions of the marriage contract

Spouses can include various types of agreements in the document. Usually the contract regulates the following points:

1. The rights and obligations of each spouse to support each other.
2. Agreements regarding the income of each party and their disposal.
3. The order and share of family expenses accruing to each family member.
4. Division of property in case of termination family relations.
5. Determination of property rights during family ties of all family members.

These are some of the main points on which a written agreement is concluded between the spouses.

Documents required by a notary

After drawing up the contract, the spouses or future newlyweds must have the agreement certified by a notary. You must have with you:

1. Passports of each party.
2. Marriage certificate.
3. Documents confirming the spouses’ ownership of the property listed in the contract, as well as encumbrances on the specified property and the obligations of both parties.

The couple can change or terminate the agreement at any time by mutual decision. But this must be certified by a notary.

One party does not have the right to unilaterally refuse the concluded transaction, nor to terminate it through the court. The parties have the opportunity to challenge the contract itself if it violates the basic principles of drafting.

Recently, situations have become more frequent when people began to notarize property division and ownership of property during family relationships and after their breakup. With the help of timely agreements reached between spouses, the couple can be prevented from the occurrence of many family quarrels.