Marriage contract: sample. Get your copy of the agreement. Proper preparation and execution of a marriage contract

09.07.2019

A marriage contract - a sample presented in this article, will help determine the conditions, content and procedure for its execution. We will also look into the nuances of drafting, taking into account judicial practice.

Prenuptial agreement after marriage

The regulation of property relations of married couples in marriage and after its dissolution is determined by the norms of the Civil Code of the Russian Federation (Articles 253 and 256) and the Family Code of the Russian Federation (Articles 33-39, 89-92). However, the law gives citizens the right to agree among themselves on a different settlement of financial rights and obligations by drawing up the corresponding agreement in writing.

IMPORTANT! The conclusion of this transaction is a right, not an obligation (Article 421 of the Civil Code). In the absence of an agreement, the regulation of property relations is carried out by the imperative norms of the UK.

The document in question, being one of the varieties of a civil law transaction, has the following features:

Special subject composition (only citizens - a man and a woman who are in a registered marriage).
Definition of exclusively property interests of the parties.
The inadmissibility of fixing in such a document conditions related to the personal relations of the parties, since they will be declared invalid.
The conclusion of the contract is only with the personal participation of each of the counterparties.
Inability to use the services of a representative.

It should be noted the possibility of registration of a marriage contract after marriage or before it. In this article, we will consider the second option in detail.

How to draw up a marriage contract after marriage

The terms of the transaction are determined by the parties independently (Article 421 of the Civil Code), but in any case, the document must be drawn up on the basis of the mandatory norms of the law (Article 422 of the Civil Code).

The text of the agreement reflects the following (Article 42 of the UK):

definition, change of ownership in relation to certain things;
the amount of spending on each other and on family needs;
distribution of property rights to property in the event of termination of marital relations, etc.

Conditions are unacceptable (clause 3, article 42 of the UK):

restriction of legal capacity and legal capacity (for example, a ban on the ability to engage in activities not prohibited by law);
a ban on applying to the judiciary for protection (for example, the right to submit a dispute on the division of property to the court);
bondage (extremely unfair in relation to one of the parties);
regulating personal interests (for example, smoking cessation);
contrary to the norms of the law (for example, granting one of the spouses the right to make transactions without the consent of the other, since this violates the principle of equality and the provisions of paragraph 3 of article 35 of the UK).

IMPORTANT! Most of the norms of the UK regarding rights and obligations are mandatory, and it is impossible to regulate them otherwise by contract.

Sample marriage contract for married couples

An example scheme for compiling a document is as follows:

Name of the document, date and place of its conclusion.
Identification data of counterparties (full name, passport data, addresses).
Determination of ownership regimes in relation to certain property.
Conditions for the disposal of things that are joint property.
Spouses' financial expenses for family purposes.
Contract time.
Conditions for notifying creditors.
Signatures of the parties and dates of their implementation.

An example of a transaction can be downloaded from the following link: Marriage contract after marriage.

The conditions should be set out in the text clearly and as detailed as possible, there should be no contradictions or phrases that allow interpreting the provisions of the contract in two ways, and concepts that do not have a generally recognized meaning should not be used (if absolutely necessary, indicate what the parties understand by this term).

Form of marriage contract after marriage

A prerequisite for the validity of a marriage contract is the fact of its notarization (paragraph 1 of article 425 of the Civil Code). Failure to comply with this form entails the invalidity of the document, it is considered null and void.

The notary explains to the parties the meaning and significance of the transaction planned for conclusion, its legal consequences, and also checks whether the provisions set forth in the text of the document correspond to the actual will of the persons.

The following documents are required to complete the procedure:

identity document (passport);
certificate confirming the official registration of relations;
documents confirming the rights to things, the legal fate of which is reflected in the text of the contract.

IMPORTANT! Marriage agreements concluded in the period from 01/01/1995 to 03/01/1996 are valid without notarization, since the Civil Code, which was in force during this period, did not establish such requirements.

Certification is a paid procedure. The price depends on the terms of the contract (whether the transfer of ownership is carried out and what is the cost of this thing), as well as on the amount of participation of the notary in the process (did he draw up the text of the document or did he only certify).

The nuances of drawing up a marriage contract

The example of how to draw up a marriage contract, presented above, cannot be used without taking into account the nuances that exist in this area of marital relations. Let's consider them in more detail:

The property ownership regime (joint, shared or separate) can be established not only for things already owned, but also for those that will be acquired in the future.
The fate of property not specified in the contract is governed by general legal norms.
In order to transfer ownership of non-residential premises in accordance with the Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ, state registration is required.
It is allowed to make transactions under the condition (clause 2 of article 42 of the RF IC). For example, the establishment of such a condition as treason, for the emergence of a material obligation. At the same time, it is recommended to specify in the text of the document what the parties mean by this concept.
Some provisions of the contract may be urgent. For example, a certain thing will become the property of the wife after 5 years of marriage.
According to Art. 46 of the Family Code of the Russian Federation, spouses are required to notify their creditors of the conclusion, amendment or termination of a marriage contract. In case of non-compliance with this obligation:

the violator is liable for his debts, regardless of the terms of the marriage contract;
the creditor has the right to demand a change in the conditions or termination of the contract due to materially changed circumstances.

More details about the possibilities of the creditor can be found in the ruling of the Constitutional Court of the Russian Federation of March 19, 2009 No. 274-О-О.

Conditions for the validity of a marriage contract

The main conditions for the validity of the marriage contract:

non-contradiction to the law;
the legal capacity and legal capacity of the spouses;
notarization;
voluntariness and validity of the will.

A transaction may be declared invalid by a court in full or in part on the grounds provided for by the Civil Code of the Russian Federation for invalid transactions (Article 166 of the Civil Code):

Disputable deals.
For example, by the appeal ruling of the Moscow City Court dated June 16, 2017 No. 33-19507 / 17, the marriage contract was declared invalid under Art. 179 of the Civil Code of the Russian Federation. The disputed apartment was recognized as the personal property of the plaintiff due to a number of circumstances confirming the commission by the defendant of violent acts against the plaintiff and respectfulness of the plaintiff's missing the statute of limitations for health reasons.
Insignificant.
For example, by the appeal ruling of the Omsk Regional Court dated May 7, 2014 in case No. 33-2733/2014, the marriage contract was declared invalid under Art. 170 of the Civil Code of the Russian Federation, since it is an imaginary transaction (completed without the intention to create appropriate legal consequences).

IMPORTANT! The limitation period is applied to the requirement to recognize the marriage contract as invalid in accordance with Art. 181 GK.

Arbitrage practice

The following are conclusions from judicial practice that should be taken into account when drawing up a draft agreement:

the deprivation of one of the parties of the rights to all property jointly acquired during the marriage serves as a basis for recognizing such an agreement as invalid (ruling of the Supreme Court of the Russian Federation of December 20, 2016 No. 5-KG16-174);
the condition that all property acquired during the marriage remains with the spouse in whose name it was acquired, the courts recognize as legal (appellate ruling of the Omsk Regional Court dated July 26, 2017 in case No. 33-5060 / 2017);
when the marriage contract was concluded less than 3 years before the initiation of bankruptcy proceedings of one of the spouses, it may be declared invalid upon the application of the bankruptcy trustee as infringing on the rights of creditors (resolution of the Arbitration Court of the Volga-Vyatka District dated 09.10.2015 No. F01-3799 / 2015 on case No. А43-11308/2014);
if the terms of the contract do not correspond to the subject and objectives of the contractual regime of the property of the spouses, they may be declared invalid (determination of the Chelyabinsk Regional Court dated October 31, 2011 in case No. 33-11593 / 2011).

Husband and wife have the right to determine whether to change the statutory regime of ownership of their property, and in relation to things not yet acquired. This right can be exercised with the help of a marriage contract, which must comply with the requirements of legal acts and the actual will of the parties. The document comes into force from the date of notarization. An example of its design can be found above.

You should be more careful when describing the terms of the transaction, formulate them as accurately as possible (indicate specific amounts, terms, calculation procedure, etc.) and avoid vague phrases, as well as take into account the conditions of reality and judicial practice set forth in this article.

The proposal to draw up a prenuptial agreement in Russia is almost like an insult. It so happened that we are accustomed to believing in beautiful fairy tales, including those about "lived happily ever after and died on the same day." So we know about prenuptial agreements mainly from American films and magazines about social life. Moreover, reading how the wife of an oligarch received a country villa and half of the business after a divorce, we invariably sigh and console ourselves: they are all about money, but there is no true love.

Meanwhile, family psychologists remind that divorces are not just about the fact that “love has passed”, but about the lack of your own housing, about the lack of money, problems with alcohol and other very prosaic problems. Their words are confirmed by the depressing statistics of Rosstat. The notorious "incompatibility of characters" was not even included in the top ten real reasons for divorce. Divorced couples talked about heavy mortgages, annoying relatives with whom they have to live, about constant separations that they have to go to earn money in other cities, and the unfair distribution of income within the family, where the husband works and the wife stays at home with the children.

By the number of divorces, Russia ranks 4th in the world, behind Belgium, Belarus and the Maldives.

A prenuptial agreement, of course, is not a panacea for divorce, but at least it can make this process more civilized. In addition, it helps to avoid the situation in which 26% of Russian families find themselves, when a couple actually terminates marital relations, but formally retains the marriage due to difficulties in the division of joint property.

Lawless Heart

The hero of the hit American TV series How I Met Your Mother lost his fiancée to a prenuptial agreement that regulated her every move, including Sunday pillow fights, regular breast augmentations, and a ban on her parents visiting their home. In real life, according to Russian law, such an agreement, although it could offend the girl, would have no real force.

The contract can only regulate the financial relations of the spouses, i.e. you can prescribe which part of the salary to give to the general budget, and which part to leave as a nest egg, you can. But it is impossible to forbid going to corporate parties with colleagues of the opposite sex. As a rule, lawyers advise to write in the document:

The fate of the property that the parties had before the marriage or will appear as an inheritance or a gift from third parties.
Determine the shares in the acquired housing and draw up several options for its implementation in the event of a divorce.
Determine in advance the fate of property that has not yet been acquired (cars, fur coats, jewelry). As a rule, things go to the one who used them.
Register ownership shares of bank accounts, securities or business.
Assign financial compensation to a spouse who: remains after a divorce with children / tried to save the family / turned out to be the injured party in the case of a proven fact of infidelity of the second half / lost legal capacity.
Determine the order of inheritance of property if the spouses have children from other marriages. A prenuptial agreement cannot predetermine the fate of children after their parents divorce. This issue is resolved in court, taking into account the interests of the child and his desire, if he is already ten years old.

Prenuptial agreement requirements

When resolving questions about the division of property, the court is guided by the rules that are provided for in the marriage contract. For this rule to work, the contract must meet several requirements:

The terms of the contract may not contradict the law.
The contract cannot infringe one of the parties in favor of the other (i.e. leave one of the spouses without a livelihood).
The contract cannot restrict the right of spouses to move, express their will, or any other rights provided for by the Constitution.
The wording in the document should be clear, without the possibility of double interpretation.
The paper must be executed in the presence of a notary in three copies: two are kept by the spouses, one by the notary.

If at least one of these requirements is violated, the court will annul the contract and divide all property acquired in marriage in half.

Both married couples and those who are just starting their life together can conclude a contract. It is impossible to unilaterally refuse to fulfill the terms of the contract. The date of termination of the contract is the fact of divorce. But by mutual agreement of the parties, the notary can make changes to the document throughout their life together.

In Russia, 10% of couples entering into marriage enter into a prenuptial agreement. In the countries of the European Union and the USA, on average, 70%.

Agree and not go broke

State duty for registration of the contract at the notary - 500 rubles. But a rare notary will agree to certify the document that you bring without any edits. He may not like the wording, lack of supporting documents, etc. For their services in compiling the “correct” document, notary offices charge from 3 to 10 thousand rubles, depending on the region and the volume of the contract.

The following documents may be required to complete the contract:

certificates for all types of property that are included in the contract.
technical passports (car, apartment, cottage, etc.);
if the property was inherited, then the relevant certificate;
extracts from registers for shares or securities. For a complete list, check in advance with the notary office that will draw up the papers.

A sample contract can be downloaded at.

Hand, heart and contract

So that the proposal to draw up a marriage contract does not sound insulting, you need to prepare for it. Psychologists advise at the stage of forming relationships to follow several rules that will help to avoid conflicts on money grounds in the future:

Choose a partner with similar views. Ideally, you should be from the same social environment and have the same attitude towards the institution of the family as a whole.
Discuss your relationship model. Feel free to ask your partner about what role: sponsor, partner or sponsored he is comfortable with. Think about whether this model suits you and do not expect it to change over time.
While preparing for the wedding, start the conversation first on less controversial legal issues: about taking out insurance or forming a joint pension, and only then move on to the topic of the prenuptial agreement.
In advance, ask the staff of the registry office or agency (outside authoritative person) to organize the wedding to raise the topic of the marriage contract in the presence of your other half and describe in detail all the advantages of this document.

conclusions

In the absence of a marriage contract, controversial issues in the division of property will have to be resolved in court.
The agreement must be notarized and must regulate only financial relations.
Children cannot be "divided" through a marriage contract.
If the court declares the contract invalid, all property will be divided in half.
There is no need to be shy about offering your other half a marriage contract, this is a common practice all over the world that helps to keep the peace even after parting.

When people get married, few of them think that it might not work out. Divorce statistics lately are depressing, more than half of marriages break up, every couple is sure that this will not happen to them. But everyone understands that the termination of relations cannot be completely ruled out. Examples of others show that this process can be accompanied by a lot of emotional upheavals, disputes, property proceedings.

The conclusion of a marriage contract solves many problems in the future

That is why some couples, when they get married, decide in time to protect themselves from unnecessary questions, disputes over property and sign a marriage contract. This paper has a certain legal force and therefore must be properly executed and certified. Many people have a question about how to draw up a marriage contract correctly.

Why sign a contract

There can be many reasons for concluding a marriage document. Some spouses want to exclude the material component from their relationship and immediately agree on all controversial issues. Indeed, omissions and ulterior motives can ruin a relationship.

If a person from a wealthy family enters into a marriage, often he or relatives require the spouse to sign a marriage contract. Sometimes this is done in order to reveal the true motives for marriage in time. More often, relatives fear for the future of property that the family has accumulated over the years, and demand to secure it. Sometimes a husband or wife co-owns a business or is about to become one.

In this case, it is impossible to do without drawing up a formal contract by the spouses before the wedding. If people register relationships as adults, children can insist on protecting their property rights to an apartment or other property as heirs and insist on concluding such an agreement.

There can be various reasons for concluding a marriage document.

Before you draw up a prenuptial agreement, you need to set aside time and formulate the purpose of drawing up the document. Based on this, the content of the contract is prescribed.

Terms of drawing up a marriage contract

A marriage contract can be drawn up at any time throughout the existence of a marriage, as well as before the wedding, when the marriage relationship has not yet been officially registered. Drawing up a marriage contract after the dissolution of the marriage is illegal. From the day the registry office or the court decides on divorce, drawing up a family contract is illegal. The exception is situations when divorced spouses remarry and sign a contract. But in this case, its effect will apply to new official relations.

Sometimes a marriage contract is signed after the decision to divorce is made, but before the day of the dissolution of the marriage. This is done in order to simplify the resolution of property issues during a divorce. The court takes into account a correctly drafted contract, which speeds up the decision. The time of validity, as well as the moment when the marriage contract enters into force, is prescribed separately in the text of the document. When such a clause is missing, the paper has legal force from the day the marriage is officially registered.

A prenuptial agreement can be drawn up at any time during the entire existence of the marriage, as well as before the wedding.

Drawing up a marriage contract

It is best to entrust the preparation of a marriage contract to specialists. This document has a strong legal weight and can subsequently be used to protect the interests of one of the spouses. Including in court. But in judicial practice, cases are not uncommon when the clauses of the marriage contract after a divorce were interpreted in a completely different way than the husband or wife intended. This allowed their former spouses to legally seek the benefits they needed. Therefore, it is important to describe in as much detail and correctly all the circumstances and situations that will be regulated by the document.

If for some reason you are not ready to turn to professional lawyers to draw up a family contract, then you can do it yourself. In order to correctly draw up a marriage contract, you need to be guided by a number of rules.

Legal framework for drawing up a marriage contract

First of all, the content of the document is regulated by the Family Law of the Russian Federation. However, Article 4 of the Family Code indicates that if some issue of family property relations is not mentioned in it, then this issue falls under the Civil Code of the Russian Federation. A marriage contract must be drawn up in the same form as a civil law transaction contract.

The marriage contract must be drawn up in the same form as the contract of a civil law transaction

Parties' data

When drawing up a marriage document, it is important to correctly indicate the data of the parties who conclude it. The name, patronymic, surname of the spouses, data of their identity documents are indicated. If the document is drawn up and signed before the wedding, then both the wife's maiden name and the one she will bear after marriage must be indicated. When one of the spouses is a citizen of a foreign state, you must specify the details of his identity document.

Rights and obligations of the parties

The document must contain clearly defined rights and obligations of the spouses, which follow from the clauses of the marriage contract. If there are exceptional situations in which the prenuptial agreement is not valid, they must be indicated.

Issues that are regulated by the family contract

The Family Code of the Russian Federation establishes: “By a marriage contract, spouses have the right to change the regime of joint ownership established by law.”

Thus, it is possible to change the rules of use, possession and disposal established by law, to regulate situations that are not covered by law. But in order to avoid infringement of the rights of a husband or wife after the wedding, the deliberate use of a marriage contract to evade compliance with existing legislation, the Family Code of the Russian Federation imposes a number of restrictions. A list of issues that can be made the object of a marriage contract is determined. These include:

the rights and obligations of spouses regarding existing property (ownership rights to an apartment, car, luxury goods, etc.);
establishing rights and obligations to property that will be acquired in the future;
how the income of the spouses received by each of them will be distributed;
issues of payment of family expenses, the share of husband and wife in spending;
property rights of spouses in case the family breaks up;
other relations that do not contradict the norms of the legislation in force in the country and relate to the rights of spouses to use, possess and dispose of objects of movable and immovable property.

Limitation of the range of issues that can be included in the prenuptial agreement

It is important to specify the last point and prevent fraud and infringement of the rights of one of the spouses when a marriage contract is drawn up. For this, article 42 of the Family Code of the Russian Federation imposes a number of restrictions:

Legalization of the document

Correctly drafting and signing a marriage contract is not enough. In this form, it will not have legal force. To complete the conclusion of the marriage contract, you need to notarize the document with a notary. The state fee when drawing up a marriage contract is small and amounts to 500 rubles. In accordance with the Family Code of the Russian Federation and the Civil Code of the Russian Federation, it is not necessary to register a marriage contract with state bodies.

The contract comes into force from the day of its notarization or from the day the parties enter into marriage. From what moment the document begins to have legal force, it is necessary to register in the text of the contract. The duration of the document is also indicated.

According to statistics in our time, every third marriage ends in divorce. And since, in general cases, all property jointly acquired during the official union, according to the law, is divided equally between the partners upon its termination, then in order to change the regime for its division, the husband and wife must engage in the conclusion of a marriage contract. How to draw up a prenuptial agreement correctly, what can and cannot be included in it, what rules exist, as well as a drafting sample, you will find in this article.

Concept of marriage contract or agreement

In the Russian Federation, a marriage contract, frankly, is a rarity, which cannot be said about European countries, in which its preparation is quite common. This can be explained by the fact that, according to the majority of Russians, drawing up a marriage contract is a sure sign of a marriage of convenience or a direct expression of distrust in your soulmate.

A prenuptial agreement is an agreement between two spouses that has legal force and is aimed at settling property disputes in the event of their dissolution of marriage or for the duration of cohabitation.

Drawing up a marriage contract is especially important in situations where one of the partners has a significantly higher income and wants to protect his savings from encroachment by his missus. And the contract allows you to change the procedure for dividing property and prescribe all the rights and obligations of each party regarding property issues in the event of a possible divorce.

General rules for drawing up a marriage contract

Chapter 8 of the Family Code of Russia spells out the following rules on how to draw up a marriage contract for spouses:

Drawing up a contract is possible only by adults and capable citizens.
The document must be in writing and certified by a notary. A sample compilation can be downloaded at the end of the article or found at any notary office.
The agreement must be written in a clear language and not contain errors. All numbers and dates in it must be spelled out in words. All passport data of both spouses are written without abbreviations.
Drawing up a marriage contract is possible only between legal spouses, in other words, it cannot be concluded in a civil marriage if you are not officially scheduled.
The document must be signed by both parties.

Drawing up and concluding a marriage contract is possible only with the personal presence of both parties. For registration of a marriage contract, you must pay a state fee of 500 rubles.

Features of drawing up a marriage agreement

According to the Family Code, there are some features of how to draw up a marriage contract:

spouses can draw up an agreement, being married or just planning to join;
in a situation where the marriage contract was concluded by the partners prior to their entry into the marriage union, then the agreement will enter into force under the law only from the date of state registration of the marriage;
the document cannot contain clauses that restrict the partner’s personal rights, his legal capacity, legal capacity or the right to make legal transactions;
the agreement can be changed or completely terminated if one of the parties violates the clauses specified in it or, if mutually desired, and other conditions provided for by law;
the agreement cannot specify the personal relationship of the spouses.

What sections does the contract include?

The drafting of the contract takes place according to the scheme adopted by law. Looking at the sample of a properly executed contract at the end of the article, you can see that it necessarily includes the following sections:

passport details of both parties;
the subject of the contract to be concluded between the spouses;
the rights and obligations of each party involved;
stipulated liability for violation of clauses of the contract;
a section on changes or its termination;
the validity period of each item separately and the document as a whole;
the date on which the document enters into force by law.

In the section on the subject of the agreement, you need to write about how it will be divided upon divorce: in half or in another ratio at your discretion. It is important to bear in mind that the drafting of this agreement provides for the division of not only the existing property at the time of its conclusion, but everything that will appear in the future.

What can a contract include?

Drawing up a contract involves the transfer of all property owned by the husband and wife. This may include: jewelry, car, house, apartment, furniture or other valuable items. You need to describe things in as much detail as possible: the land plot must have a cadastral number and the size of the total area, vehicles - state number, brand and manufacturer. You will find a sample of the correct compilation of a property description in a marriage contract at the end of the article. It is also necessary to note what property the husband and wife owned before joining the union.

By law, the contract may provide for the rights and obligations of the parties of the following plan:

who will become the owner of the property after the dissolution of the union;
who will be the owner of the vehicle;
who will allocate funds for the education of children;
Who pays utility bills?
who will pay for holidays and family travel;
which of the parties will bear all the costs of care and the purchase of vehicles or other valuables;
who will own what from the property after the dissolution of the marriage.

In other words, drawing up a contract allows you to describe the procedure for each of the partners to bear all family expenses. It is also possible to provide in the concluded document the duties of a husband and wife in relation to each other. For example, in a situation where one of them will experience financial difficulties.

Drawing up an agreement allows you to determine the ownership regime of the couple, to divide among themselves credit and mortgage obligations, cohabitation costs and other nuances associated with property relations.

What cannot be included in an agreement?

The preparation of a marriage contract by partners does not provide for the following conditions:

Restrictions on the legal capacity and legal capacity of a partner, such as individual human rights to work, receive education, choose a professional field of activity, freedom of will and so on.
Limitation of the protection of their legal rights, including through the courts.
Settlement of non-property issues, for example, such as the preservation of marital fidelity, love, non-drinking of alcohol. But there is an opportunity to prescribe property issues as a consequence of a violation of non-property ones. For example, monetary or other compensation for moral harm caused to a partner by indecent behavior, such as betrayal or beatings.
Settlement of rights and obligations in relation to common children. In other words, it is impossible to prescribe in the agreement with whom the baby will remain after the divorce or establish the procedure for communicating with the second spouse. For these issues, other types of agreements are to be drawn up.
Restrictions on the right to receive maintenance in the event that one partner becomes disabled from the second.
Inclusion in the marriage contract of the elements of the will. This is due to the fact that a will is a unilateral transaction, which means that it cannot be drawn up on behalf of two persons.

So, during a divorce, a dispute often arises related to the division of property between ex-spouses. It will help to avoid it by drawing up a marriage contract in advance, an example of which you can find here or at any notary. In order for an agreement to be recognized as legal, it must be in writing and certified by a notary, backed up by the signatures of both parties and resolve exclusively property issues.

Familiarization with the concept of a marriage contract can be useful for many citizens planning to register a marriage.

This document regulates and stabilizes property relations not only during marriage, but also after its dissolution. Since in the event of an official break, joint property is divided between the spouses into equal parts.

The existence of an agreement changes the procedure for determining shares and helps spouses determine possible grounds for divorce.

Therefore, in order to protect your interests in a divorce, you need to know how to draw up a marriage contract.

A prenuptial agreement is an important document that helps to properly formalize an agreement between spouses, it defines property rights and obligations in a marriage or in case of its dissolution.

The actual question is when it is possible to conclude a marriage contract. This can be done both before the registration of marriage, and with existing official relations.

At the same time, it should be borne in mind that the marriage contract will gain force only after the state registration of marriage.

The marriage contract is subject to termination at any time by agreement of the spouses or by a court decision at the request of one of the spouses. Refusal to fulfill the terms of the document by one party is not allowed.

When considering questions about the division of property, the court will be guided by the rules that are spelled out in the contract. Including when the regime of joint property of the spouses is changed to another.

In accordance with the Family Code, spouses have the right to change or establish in the agreement the following regimes:

joint property;
share ownership in equal or unequal shares;
separate property.

The form and content of the contract must meet certain requirements:

Written form and obligatory notarial certification are the main rules for drawing up a marriage contract.

The document cannot limit the legal capacity or legal capacity of the spouses and the possibility of applying to the court for the protection of their rights. It cannot contain provisions restricting the right of a needy and disabled spouse to receive maintenance.

Basic requirements for the text:

Before concluding a marriage contract, it is worth considering all the nuances. From the above, it becomes clear that different modes can be specified in the contract.

In relation to the property of the spouses, the norms of joint ownership apply - this is a legal regime. But you can define a different order of ownership, disposal and use of property - the contractual regime.

For example, a separate procedure, when each of the spouses acts as the owner of only their own property and a debtor for their obligations.

Each option has its positive and negative sides.

For example, if one of the spouses is engaged in entrepreneurial activity, then the legal regime can both enrich the other party and involve it in debt, depending on the success in entrepreneurial activity.

The contractual procedure involves the division of property. If the spouse runs a successful business, the result belongs only to him and nothing needs to be divided. But in case of failure, you will have to solve financial problems on your own.

If the spouses have entered into a marriage contract, which defines the procedure and conditions for the transfer of property, then in the event of a divorce, this contract will take precedence over the legally established regime of joint property of the spouses.

Since the contract is subject to mandatory notarization, the place where it can be issued will be a law office - public or private.

In addition, the notary can not only certify the document, but also explain how to draw up the contract correctly.

To draw up a marriage contract with a notary, the parties must find out what documents are needed for this procedure and prepare them. These papers include:

The procedure for concluding a marriage contract is not the cheapest. This is quite logical, because in most cases it is concluded by those who have something to share.

The cost of the project depends on the prices of the notary office. A draft marriage contract can cost from 3,000 rubles to 20,000 rubles, depending on the complexity of the document.

A specific price can be called by a lawyer, whose services the couple turned to. The cost of certifying a contract with a notary is established by the Tax Code and amounts to 500 rubles. The price is the same for any specialist of any notary office.

This amount includes entering the number of the marriage contract in the registration book and the notary's mark on the document itself. The service for preparing a draft contract and making changes is evaluated separately.

A standard prenuptial agreement includes provisions for the property and financial rights of the spouses, but may not have provisions for credit.

If the spouses plan to purchase real estate on credit in the future, then it makes sense to learn how to draw up a marriage contract for a mortgage apartment.

When drawing up such a contract, you need to include in the document a separate chapter on the procedure for obtaining and paying out a mortgage loan.

If the contract has already been concluded, it should be amended accordingly.

In most cases, banks offer their customers ready-made samples of a prenuptial agreement. Use it or not, the spouses have the right to decide on their own.

But in order to avoid possible problems in the future, it is better to draw up a contract yourself, of course, under the guidance of an experienced lawyer.

A mortgage marriage contract, unlike a regular one, cannot be terminated at any time. To do this, you must obtain the official consent of the credit institution. Since we are talking about changing the borrower or co-borrower.

The main provisions that are indicated in the marriage contract for a mortgage in 2019:

The contract is declared invalid if there is clear evidence that its signing took place under threats or on the provision of knowingly false information by one of the parties.

Termination of the contract unilaterally is possible under the following conditions:

one of the spouses has died;
the husband or wife is officially recognized as missing or incompetent.

In accordance with the legislation of 2019, a marriage contract for a mortgage is drawn up in 3 copies and certified by a notary. Two copies - for the husband and wife, and one is kept by the lawyer.

If, prior to acquiring a mortgage apartment, the spouses had already entered into a marriage contract, which did not specify the conditions for acquiring real estate on a loan secured by it, then an additional document must be drawn up, which reflects all the conditions of the mortgage loan and the responsibilities of the parties under it.

To determine the rights and obligations of spouses or those entering into marriage, a marriage contract is drawn up. The institution where it is drawn up is a notary's office.

You can conclude a contract before registering a relationship or already in marriage. This document can be both “torn” and executed at any time by agreement of the parties.

An exception is a contract for a mortgage apartment. It is terminated only with the official consent of the credit institution.