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A sample of a marriage contract with the establishment of a regime of separate property of spouses both for the property already owned by the spouses and for the future property. A marriage contract with the establishment of a separate property regime for spouses as for property acquired by each

_____________ "___" ___________ ____

Citizen ______________________ _____________ year of birth, passport series ______ N _____, issued ___________________ ____________, residing at: ________________, on the one hand, and citizen _________________ ________ year of birth, passport series ______, N _____, issued _______________ _____________, residing at address: _____________, on the other hand, married to "__" _______ ____ year __________________ (act entry N __________, marriage certificate: series _________, N ______________, from "__" ________ ____ g.), hereinafter referred to as The "spouses" have entered into this prenuptial agreement as follows:

1. The spouses agree that all the property acquired by them during the marriage (that is, both before the conclusion of this agreement and after its conclusion) on various grounds shall be recognized as their joint property. The procedure for the possession, use and disposal of this property is governed by the current legislation of the Russian Federation. This rule applies to any property of the spouses, both movable and immovable.

2. Income received by each spouse during marriage, including income from labor activity, entrepreneurial activity and the results of intellectual activity, as well as received pensions, benefits and other monetary payments that do not have a special purpose, are the joint property of the spouses.

3. By the time of the conclusion of this agreement, the group ______________ owns the following property acquired before marriage:

a) an apartment owned by her on the basis of ____________ dated "__" ________ ___ (registered _________________ "__" ____________ ____, N ___________), located at: ____________, with a total area of ​​____ sq. m, incl. residential - _____ sq. m;

b) cash in the amount of _______ (_______________) rubles.

4. The funds received from the sale of the apartment specified in clause 3 of this agreement during the marriage period will belong to the group ___________.

5. When the property is divided, the group _______________ will also own funds in the amount of ________ (___________________) rubles, which can be received by it in the form of cash or expressed in the form of property of equivalent value.

6. By the time of the conclusion of this agreement, citizen ______________ owns the following property acquired before marriage:

a) an apartment belonging to him by right of ownership on the basis of _______________ dated "___" ________ ____ (registered _________________ "__" ________ _____, N _________), located at: ________________, with a total area of ​​____ sq. m, incl. residential - ____ sq. m;

b) cash in the amount of ______ (_________________) rubles.

7. The funds received from the sale of the apartment specified in clause 6 of this agreement during the marriage period will belong to the citizen ___________.

8. When the property is divided, the citizen of _______________ will also own funds in the amount of ________ (___________________) rubles, which can be received by him in the form of cash or in the form of property of an equivalent value.

9. The total debt of the spouses in the division of property shall be divided equally between the spouses in terms of the unpaid debt. At the time of the conclusion of this agreement, the total debt of the spouses is _______________ rubles in accordance with the terms of the agreement ________________ concluded with ______________.

10. At any time during the marriage, the spouses, by mutual agreement, have the right to change the property regime of the spouses established by this agreement.

11. This marriage contract comes into force from the moment of its notarization.

12. In everything else, not regulated by this marriage contract, the parties will be guided by the current legislation of the Russian Federation.

13. This contract is terminated from the moment of termination of the marriage, with the exception of those obligations that are stipulated by the marriage contract for the period after the termination of the marriage.

14. This agreement can be changed or terminated at any time by agreement of the spouses. An agreement to amend or terminate a marriage contract is subject to notarization.

15. Unilateral refusal to execute this agreement is not allowed.

16. All controversial issues that may arise during the execution of this marriage contract will be resolved by the parties through negotiations, and in case of failure to reach agreement, the parties have the right to go to court.

17. The costs associated with the certification of this agreement are paid by ______________________ (the parties pay equally).

18. This agreement is concluded in three original copies having the same legal force, one for each of the spouses, and the third will be kept in the affairs of the notary ________________________.

SIGNATURES OF THE PARTIES:

Citizen: ______________ / _______________

Citizen: ______________ / _______________

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In recent years, more and more couples come to the conclusion that the conclusion of a marriage contract is a guarantee of a strong marriage. Indeed, in this case, people marry for love, because in the event of a divorce, everyone knows that materially the situation will not change much. And although for some, the marriage contract still implies distrust between the spouses, but stubborn statistics suggest that couples who have entered into such a contract live longer in marriage than those who let everything take their course.

According to the UK, all spouses' property acquired in marriage is considered common. This rule is enshrined in Art. 34 SK of Russia. In jurisprudence, this is called the legal regime of property, but there is another regime where you can change the usual order.

A whole chapter of the UK is devoted to the contractual regime and it is this document that regulates all relations between spouses on the issue of the marriage contract

The prenuptial agreement only regulates issues related to the property of the parties.

In Art. 42 UK clearly defines what can be settled with the help of this contract. According to clause 1, it is determined that a certain property regime can be made:

  • Equity
  • Separated
  • Joint

It is important to note that it is possible to fix different regimes for each type of property. For example, to fix the separate ownership of cars and shared ownership of real estate that is going to be purchased.

  • Restricting the legal capacity of any of the spouses
  • Prohibition of protection in the field
  • About interpersonal relationships not only between spouses, but also with other relatives
  • It is forbidden to restrict the rights of incapacity for work. spouse

The procedure for concluding a marriage contract

The law obliges not only to conclude an agreement, but also to register it with a notary.

There may be several options for the conclusion:

  • Future spouses independently draw up a draft agreement and go to register it with a notary
  • The contract is drawn up with the help of a lawyer and with a finished project, the parties go to a notary
  • Drawing up a contract with a notary, with subsequent certification.

The latter option is the most preferable because it is less financially expensive.

In what cases is it and for what property

The contract can be concluded:

  • Before marriage
  • During marriage

In other words, the contract can be concluded at any time when the spouses have come to the conclusion that they need additional regulation of the property. relationships. In the contract, you can list all available property, and designate the most significant objects and change their ownership regime.

Also, many are sure that it is possible to discuss the regimes of only the property that is available at the time of the conclusion of the contract. But the law clearly states that such an agreement can be concluded for future property.

Questions often arise as to how it is possible to regulate property that does not yet exist and it is not known exactly when it will be acquired. Of course, no one can know in advance which car is to be bought or in which house the new apartment will be. Thus, it turns out that it is impossible to identify the future property in advance.

In this case, there are two options:

  • Conclude an additional agreement to the contract;
  • Add a clause stating that the property becomes the property of the person in whose name it is registered.

The first method is preferable when it is already clearly known about the upcoming purchase, however, any addition to the contract will require a notary. certificates.

The second method is much simpler, but it will require the spouses to determine in advance who will be the owner of the property before registration.

Also, the contract may stipulate who bears certain costs. These may include:

  • Purchase of products;
  • Payment of utility bills;
  • Payment for the education of children;
  • Mortgage payments.

The spouses can also share or share the expenses. It is possible to determine only a few expenses by fixing them as an obligation of a particular spouse. For example, only one person can cover the costs of a joint vacation.

You can secure the second spouse's right to live in housing belonging to the other. After the dissolution of the marriage, this will avoid the red tape of evicting the former second half.

Responsibility of the husband and wife under the contract

Responsibility, which is provided for in civil transactions in this type of contract, is not provided. This part, as a rule, provides for the liability to third parties, which the spouses bear. It can also be divided, for example, separate liability for credit obligations.

Also in the contract it is worth mentioning the responsibility of the parents for the harm caused by their children. Typically, both parents take on this burden.

When the contract comes into force and expires

If the contract was concluded when the parties are already spouses, i.e. have officially registered their relationship, then the contract comes into force from the moment of signing and registration with a notary.

If the contract was concluded before marriage, then it takes effect only from the moment of registration of the marriage. If the marriage was not concluded, then the legal relationship from this contract will not arise.

The contract may be terminated:

  • By mutual decision to terminate the contract. After the date of dissolution, the spouse's name changes its regime.
  • After divorce.
  • If an expiration date was specified in the contract, then upon its occurrence.

But since most of the clauses of the agreement concern the division of property, these obligations will be valid after the divorce.

Unilateral termination of the marriage contract is prohibited. A party that believes that as a result of the conclusion of the contract, its rights were violated has the right to go to court.

Where to apply and the list of documents for drawing up an agreement

Art. 41 UK states that the contract must be concluded in writing and certified by a notary. For a specialist, it is quite easy to draw up an agreement between the spouses, the main thing is that the parties must provide documents for the property.

You also need to provide:

  • Passports
  • Marriage certificate

How to draw up a prenuptial agreement when buying an apartment, a real estate contract

If the prenuptial agreement was not concluded before the purchase of the apartment, then it's time to take this step. Before buying an apartment, it is necessary to clearly discuss how this property will belong to the spouses.

If it is a shared apartment, then you can do without a contract, because, like everything acquired in marriage, the apartment will be considered jointly acquired property and the division will have to be carried out either by agreement or through a court. If it is supposed to divide the property, then you will have to draw up a marriage contract for real estate

When concluding a contract, it can be determined that:

  • The apartment belongs to the spouses in shares.
  • The apartment belongs to a particular spouse.
  • The apartment belongs to the person to whom it is registered after state registration.

If the apartment is purchased with a mortgage, then it is reasonable to define in the contract how the mortgage payments will be paid.

Is it possible to draw up a prenuptial agreement after buying an apartment

As a general rule, an apartment acquired in marriage will be considered a joint property. However, there are some circumstances when the role of one of the spouses in the purchase of housing is minimal. In this case, it is reasonable for those who have entered into marriage to conclude a prenuptial agreement and determine the ownership regime for this apartment and for any other property.

It is also possible that the future spouses took out a mortgage on housing, but it was issued only for one of them. If the mortgage agreement was concluded before marriage, then formally this property does not fall into the number of jointly acquired, since the marriage was not concluded. In this case, the only option for dividing the apartment, for which the future spouses actually living together paid, is a marriage contract with the definition of the apartment regime.

It is important to understand that the law allows the conclusion of an agreement, where the subject will be both specific property and everything that was acquired in marriage.

Marriage agreement (contract), sample, form

There are two parties to a marriage contract, and in this it is not much different from most civil contracts. The only clear condition that the legislator sets is the relationship that the contract regulates arises after marriage. It doesn't matter if it was a contract filled out in marriage or it was drawn up in advance. Both documents will become valid only in marriage.

On the Internet, you can see in the photo what a prenuptial agreement looks like. Or you can familiarize yourself with such a document at a notary's appointment.

A sample 2018 blank can be viewed.

Standard prenuptial agreement

A standard prenuptial agreement contains the following parts:

  • parties to the contract - spouses or future spouses;
  • subject of the contract - property, the regime of which is determined by the contract;
  • the procedure for change and termination;
  • responsibility of the parties;
  • requisites.

Marriage contract template

There is nothing complicated in drawing up, but certification by a notary is required. However, before visiting him, it is worthwhile to independently draw up a sample contract and prepare all documents confirming the ownership of the property that will appear in the contract.

If everyone at the time of the conclusion of the contract has property belonging to them personally and they want to fix it in the contract, then in this case it will not be included in the section upon divorce.

Pre-marriage contract before marriage

According to the legislation of the Russian Federation, it is permissible to conclude an agreement before office. registration of marriage. But there is a clear rule, since this contract regulates only the relationship between spouses, then it will begin to act when the marriage is concluded. According to Art. 10 of the RF IC, marriage only in the registry office.

It is noted in the text that the agreement will come into effect only after registration. If it was decided not to marry, then this agreement will not be considered valid.

A ready-made marriage contract template can be found.

Prenuptial agreement after marriage

At any time, the spouses can decide to change the property regime. By mutual agreement, they determine what property will belong to a particular spouse. You can also distinguish shares in property, and it is not necessary that these shares be equal.

An example of a contract in a marriage on the separate ownership of property can be

Marriage agreement on the separate property of spouses, sample

Since many different things are acquired during marriage, it is quite problematic to clearly indicate who owns this or that property. The most reasonable way is to fix in the contract the rule that whoever owns the property gets it.

The second way is to conclude additional agreements, but since the agreement requires registration with a notary, this will entail new costs.

A typical sample of the contract can be viewed.

Marriage contract for property acquired in marriage

As a general rule, all property that was purchased after the registration of marriage, with rare exceptions, belongs to both spouses equally. But situations often arise when it is necessary to clearly separate who owns what. In this case, it is enough to conclude an agreement in which it is possible to determine what of the available property will go to one of the spouses, and what to the other.

You can either list all the valuable things, or introduce a general rule that the thing belongs to the one who is indicated by its owner.

Prenuptial agreement shared ownership, sample

As mentioned above, in a marriage contract, shares in property can be distinguished. In this case, during the section, as a rule, there are no controversial situations. When allocating a share in an indivisible property, the other party can always count on a compensation payment.

Shares can be allocated in any property, be it a car, house, apartment or securities.

An approximate prenuptial agreement.

Marriage contract, separate ownership, sample

When changing the ownership regime to separate, it is possible to fix the rule that the one who is indicated by the owner according to the documents will receive this property during the division. However, this is only possible with large items such as an apartment, car, etc.

It is almost impossible to single out in the contract who will get one of the three sets or televisions, since a lot of such things appear during the marriage. In this case, it is reasonable to use a mix. property regime, dividing what is necessary, and halving the rest. If one has a special inclination for a game console and a TV, then this must be fixed in the contract.

Separately, it is worth getting ahead of the regime of luxury goods: furs, jewelry and other things that, according to the rule, are not considered the property of the owner if they appear in marriage.

Conditions of a marriage contract examples

As you can see, any property can be reflected in the marriage contract. questions that may arise not only during divorce, but also during family life.

For example, young spouses have no housing and the wife's parents are ready to buy them an apartment and contribute part of the money (1/2). Each young person also contributes ¼ of the required amount. Since the apartment will be acquired in marriage, and if the wife is decorated by the owner, she will be recognized as joint property and in case of divorce, the spouse will have the right to claim half the apartment. Parents do not agree to such terms. To avoid this, it is enough to conclude a prenuptial agreement and reflect the shared ownership of the apartment. In this case, in the event of a divorce, the husband will be able to claim only his part.

Also, a condition of the contract may be the obligation of one of the couple to provide payment for the child's education after the dissolution of the marriage.

Before marriage, one has a living space. You can always conclude a spouse's obligation to leave someone else's living space within a certain time.

There are many examples, since the family life of each couple is unique and it is impossible to foresee what will happen after a couple of years of marriage. But in any case, the marriage contract is a reliable guarantee that after the divorce, the interests of both will be respected.

A marriage contract concluded between persons intending to marry (the main property regime is separate ownership). Completed in ______________________________, _______________________. (place of the contract) (date of signing the contract) We, the undersigned, a citizen of the Russian Federation _______________________________ _________________________________________________________________________ (full name, passport data) and a citizen of the Russian Federation _________________________________________________________, (full name, passport data) intending to marry, hereinafter referred to as "Spouses" , in order to settle mutual property rights and obligations both in marriage and in the event of its dissolution, we entered into this agreement on the following: 1. Regime of property of spouses 1.1. The property acquired by the spouses during marriage is the property (both during the marriage and in the event of its dissolution) of the spouse who acquired it, with the exception of property that is the common property of the spouses under the law or in accordance with this agreement. 2. Features of the legal regime of certain types of property 2.1. Cash deposits in credit institutions made during marriage, and profits from them, are at the time of marriage and in the event of its dissolution, the property of the spouse in whose name they were made. 2.2. Securities, shares (shares) in the capital of business entities, non-profit organizations, as well as income from them acquired during marriage, belong both during marriage and in the event of its dissolution to the spouse in whose name they are registered. 2.3. Wedding and other gifts received by the spouses or one of them during marriage are the common joint property of the spouses, and in the event of divorce, the property of the spouse whose relatives (friends, acquaintances, co-workers, etc.) made these gifts. Gifts given by spouses to each other are the property of the spouse to whom they were given. 2.4. Property subject to state registration (real estate, vehicles) is the property of the spouse in whose name it is registered. 2.5. The property that is the personal property of one of the spouses under the law or in accordance with this agreement cannot be recognized as joint property of the spouses on the grounds that during the marriage, investments were made at the expense of the common property of the spouses or the personal property of the other spouse, significantly increasing the value of this property. In this case, the second spouse is not entitled to a proportional reimbursement of the value of the investments made. 3. Rights and obligations of spouses for mutual maintenance 3.1. In the event of a divorce, the spouse undertakes to provide the other spouse with whom they will have common children, monthly maintenance in the amount of ________ rubles per month until the children reach the age of ___ years. 3.2. In the event of the incapacity for work of one of the spouses after the dissolution of the marriage, the able-bodied spouse undertakes to provide the incapacitated spouse in need of maintenance in the amount of ______ rubles per month until the marriage of the incapacitated spouse. 4. Procedure for family expenses by spouses 4.1. Family expenses related to payment for housing and communal services, electricity, telephone, car maintenance, payment for tourist trips, cellular services, Internet services, the purchase of food, clothing, medicines, child support, etc., are borne by the spouses in equal shares. 5. Housing rights of spouses 5.1. If one of the spouses resides in a dwelling (apartment, house) owned by the other spouse, after the dissolution of the marriage, the non-owner spouse undertakes to vacate the dwelling within _______________ and withdraw from (term) registration at the place of residence. 6. Responsibility of spouses for obligations 6.1. Each of the spouses is responsible for the obligations assumed to creditors within the limits of the property belonging to him. 6.2. For common obligations, the spouses are jointly and severally liable for the property of each of them. 6.3. Spouses are liable for harm caused by their minor children in the manner prescribed by civil law. 6.4. The spouses undertake to notify their creditors of the conclusion, amendment or termination of the marriage contract. 7. Final provisions 7.1. The spouses are familiarized by the notary with the legal consequences of their chosen legal regime of property. 7.2. This agreement comes into force from the moment of registration of the marriage. 7.3. This agreement can be changed or terminated at any time by agreement of the spouses. 7.4. Unilateral refusal to fulfill the marriage contract is not allowed. 7.5. The marriage contract is terminated from the moment of termination of the marriage, with the exception of those obligations that are stipulated by the marriage contract for the period after the termination of the marriage. 7.6. The costs associated with the preparation and certification of this agreement shall be paid equally by the spouses. 7.7. This agreement is drawn up in three authentic copies, two of which are with the spouses, and the third - in the affairs of the notary. 8. Signatures of spouses _________________________________________________________________________ (signature, full name) _________________________________________________________________________ (signature, full name)

with the establishment of a regime of separate ownership of spouses both for the property already owned by the spouses and for the future property

A citizen of the Russian Federation and a citizen of the Russian Federation, married, registered in "" 2019, deed entry No., marriage certificate No., series, hereinafter referred to as "Spouses", voluntarily, by mutual agreement in order to settle mutual property rights and obligations, both in marriage and in the event of its dissolution, have entered into this prenuptial agreement on the following:

1. GENERAL PROVISIONS

1.1. This agreement establishes the regime of separate ownership of the spouses both for the property already owned by the spouses and for the future property. The property that was acquired or will be acquired by the spouses during marriage is the property of the spouse in whose name it is registered or registered. In the case of the acquisition of property, documents for which are not drawn up or which is not subject to registration, the spouse who contributed money to pay for this property is recognized as its owner.

1.2. The property that belonged to a particular spouse before marriage, as well as property received by him during the marriage as a gift, by inheritance or other gratuitous transactions, in all cases is the property of the spouse to whom such property belonged, and also was or will be transmitted.

1.3. The property belonging to this or that spouse cannot be recognized as their joint property even in the case when investments were made at the expense of the property or labor of the other spouse, which significantly increased the value of this property. The costs incurred in this case, even in the event of divorce, are not reimbursed.

1.4. Any income received by one of the spouses, including earmarked income (amounts of material assistance, amounts paid in compensation for damage due to disability due to injury or other damage to health, etc.), are recognized as the property of the spouse to whom they were paid ...

2. FEATURES OF THE LEGAL REGIME OF SEPARATE TYPES OF PROPERTY

2.1. Bank deposits made by spouses during marriage, as well as interest on them, are at the time of marriage and in the event of its dissolution, the property of the spouse in whose name they were made.

2.2. Personal items, jewelry and other luxury items acquired during marriage, regardless of whose funds they were acquired, are recognized during marriage and in the event of its dissolution as the property of the spouse for whom they were acquired and who they were enjoyed.

3. ADDITIONAL TERMS

3.1. A spouse who is the owner of residential premises (houses, apartments, etc.) may grant, during marriage, on the basis of an appropriate agreement, the right to use the residential premises belonging to him to another spouse without the right to register in it at the place of residence. In case of divorce, the right to use the living quarters provided on the basis of paragraph 1 of clause 3.1 of this agreement is terminated. Therefore, the spouse who is not the owner of the corresponding dwelling is obliged to release him within days from the date of the dissolution of the marriage.

3.2. The spouse is not responsible for transactions made by the other spouse without his written consent.

3.3. According to the obligations of one of the spouses, execution can only be levied on the property of that spouse.

3.4. The spouses are obliged to notify their creditors about the conclusion, amendment or termination of this marriage contract.

3.5. Responsibility of spouses for harm caused by their minor children is determined by the civil legislation of the Russian Federation.

4. FINAL PROVISIONS

4.1. This agreement comes into force from the moment of its notarization.

4.2. This agreement can be changed or terminated at any time by agreement of the spouses. Unilateral refusal to execute this agreement is not allowed.

4.3. This contract is terminated from the moment of termination of the marriage, with the exception of those obligations that are stipulated by the marriage contract for the period after the termination of the marriage.

4.4. Disputes and disagreements between the parties are resolved through negotiations. If the parties do not come to an agreement, disputes are resolved in court in accordance with the current legislation of the Russian Federation.

A marriage contract (contract) is based on an agreement between two parties who are married or are going to enter into it. The essence of the marriage contract is that the spouses wish to determine the fate of property rights and obligations arising during 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 bought at the expense of his personal savings, then by signing a marriage contract before registering a marriage, this property cannot be divided after its dissolution.

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

In this article:

The procedure for concluding a marriage contract (contract)

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

It is not the responsibility of the spouses to conclude a marriage agreement, as this is not provided for by law. The future spouses enter into a marriage contract on separate property voluntarily and by mutual agreement.

If they enter into such an agreement, then it has a legal effect on the resulting marriage relationship. In the absence of a marriage contract, the family law applies to the spouses' relationship.

According to which - the property acquired in 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 at the registry office, and in the process of family life. The only difference is that the beginning of the marriage contract will be calculated from the moment of its conclusion by the spouses.

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

Notarial certification gives the marriage contract more formality and publicity. To the notary, the information that has become known under the marriage contract is not subject to dissemination under the threat of liability.

Content of the marriage contract (contract)

The essence of a marriage contract is as follows:

  1. The parties establish their own regime, rather than the one that is established by law and, for example, implies, in the event of a divorce.
  2. Under the agreement, a joint, shared or separate regime of property ownership may be established. For example, an apartment is shared ownership, and cars are separate.
  3. The agreement is drawn up in relation to the property already acquired by the spouses and therefore is married, 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 restrict the exercise of the spouse's rights to seek protection in court, freedom of speech, work, and not receiving material support.

The validity of the contract between the spouses can be limited for a specified period, or until the dissolution of this marriage.

Parties to the marriage contract

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

  1. Directly the spouses who entered into a marriage relationship, about which there is a record made by the registry office and a certificate issued.
  2. Persons planning to get married in the near future and who can obtain 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. And also it is not allowed to conclude a marriage contract between former spouses, if they do not plan to renew family relations.

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

Forms, standard samples and forms of marriage contracts

The concept and purpose of a marriage contract

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

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

Spouses often find themselves initially in an unequal property situation both before and during marriage: they have a different source of income, one of them may generally be fully supported. The absence of a contract in the event of a divorce proceedings, the second party legally (without investing a single ruble) may 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 considered agreement is usually concluded:

  • one of the parties has invested personal savings in a long-term construction, which will become property only after marriage;
  • received a wedding gift from the parents of one of the newlyweds;
  • there is a successful business project organized before the wedding;
  • people have a separate family budget;
  • property is difficult to divide;
  • in the process of family life, property is bought with purely personal money.

Surely there are several more options in which it is advisable to conclude this marriage contract. The contract unambiguously brings benefits when the husband and wife are initially in an unequal property situation, which was before marriage and remains during cohabitation.

Subjects of the contract

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 (paragraph 1 of article 41 of the RF IC). At the same time, it does not matter if a year or more will pass after the family was formed. It is not uncommon for people to turn to this “legal instrument” after several years of marriage.

Is it possible to design it before the moment when people got married? Yes, it is possible, but with a reservation. The bride and groom can draw up the text of the agreement and notarize it, but the document can only gain legal force from the moment of the official marriage (clause 1, article 41 of the RF IC). If this event did not occur, the agreement is invalidated.

How and where they make out

Above all, both parties must have a firm commitment to starting a family or being husband and wife.

The law provides only a written form for concluding an agreement with obligatory notarization (clause 2, article 41 of the RF IC). If this rule is violated, the document will have no 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 a public notary will draw up a legal relationship. It is recommended that you first familiarize yourself with the notary's tariffs so as not to overpay.

Any bilateral agreement prescribes 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, prescribe the obligations of the parties that may occur under certain circumstances.

It is possible to designate a separate type of things that already belong to them, or presumably acquired in the future (paragraph 1 of article 42 of the RF IC).

The following conditions are usually prescribed in the document:

  1. Determine the legal regime of ownership: joint or shared. It is indicated what things remain for each of the parties in the event of a divorce, to what extent. What exactly belongs to the husband or wife in marriage on the basis of the right of personal property, what will share and what will not.
  2. Designate the volume of shares owned by family members: in case of divorce, the car goes to the husband, and the dacha to the wife.
  3. Guarantee the possibility of lifelong maintenance if one of the spouses becomes disabled.
  4. Delineate the spending of the family budget.
  5. Determine the procedure for repayment of loans taken by the second party. It sets out the conditions under which the husband pays for the wife's loan, issued by the woman before the wedding. There is an important circumstance that follows the fate - can the lender, in case of non-compliance with the terms of the contract, take the mortgage apartment if the loan was repaid from the husband's personal money.
  6. Form additional terms and conditions for termination.

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

The conditions prescribed in the document should not reduce the legal capacity of one of the parties, prevent going to court to protect their rights (including receiving maintenance in case of disability), limit contacts with children, put a person in an extremely unfavorable position that violates the foundations family law (clause 3, article 42 of the IC RF).

How to conclude a marriage contract: instructions

The procedure is divided into several stages. Before starting it, the parties need to have intentions to draw up a document, resolve all existing disputes, and negotiate nuances.

It is important that this step does not damage the already established relationship. After all, not all people yet understand the meaning of this document in case of divorce. In fact, the contract protects the property rights of each of the parties.

It is advisable to discuss each point together. If there are contradictions, then immediately resolve them on the spot, so that later there are no disputes with the notary. Better yet, pay attention to the parameters that are indicated in the document, express wishes or disagreements. When all parties have come to an agreement, you can proceed to the main stages.

Step one: write the text of the agreement

This is done in several ways. Everyone chooses a more convenient and acceptable one.

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;
  • get information on the Internet;
  • draw up directly at the notary's office.

When contacting a lawyer or notary, this service can 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: passport and marriage certificate.

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

These include:

  1. Extracts from the USRN.
  2. Cadastral and technical passports for an apartment, car, house, bank deposits.
  3. Certificates and extracts from government agencies indicating the completion of the transaction.

The entire documentation package must have a specific validity period. Everything is executed without blots and errors, in accordance with the current regulatory framework.

Step three: conclude an agreement and pay the state fee

If citizens have provided the text of the document in the office, then the official, first of all, examines it for compliance with the law and will make adjustments, which he will agree with the applicants.

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

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

If there are controversial issues or misunderstandings, it is necessary to resolve them on the spot, clarify or make additions. 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 corresponds to 500 rubles (state duty). In addition, applicants must pay more for the technical work of the notary. Its amount ranges from 5 to 10 thousand rubles.

Under this action, it is assumed that the text of the agreement will be drawn up, and its verification against the current legislation, the verification of the certificates and extracts provided, and the verification of the legal capacity of the spouses.

Termination and amendment of the terms of the contract

Adjustments to an existing agreement can only be made with the consent of both parties (paragraph 1 of Article 43 of the RF IC). It is impossible to do this unilaterally.

The contract can be terminated in the following cases:

  • in case of an official divorce (clause 3 of article 43 of the RF IC);
  • when both parties refuse to fulfill it;
  • the period within which the agreement was valid has passed;
  • was declared invalid by the court.

A husband or wife cannot unilaterally refuse to fulfill the terms of the agreement. For this, civil liability is provided, which is usually prescribed as a separate clause in the contract.

However, the wife can file a lawsuit with the aim of terminating it or changing it if its conditions are violated (paragraph 2 of article 43 of the RF IC).

The court is empowered to invalidate an agreement in part or in full if it puts a person in an extremely disadvantageous financial situation.

What to do if one of the parties pays the mortgage

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

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

In this case, the text will need to indicate:

  • borrower and co-borrower;
  • who is the owner of the home, in what shares, whether the other party is entitled to compensation;
  • who paid the down payment, who paid off the current payments on the body of the loan, interest during the period of marriage and what happens 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 drafting a prenuptial agreement for a mortgage. The authorized employees of the financial institution will give clients a sample and provide advice from a bank lawyer.

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

Conclusion

The contract in question is an effective tool for resolving property disputes in case of divorce.

However, there are points that are prohibited by law to be reflected in the contract:

  1. Designate the place of residence of children after divorce.
  2. Indicate that the property is transferred to third parties after a divorce.
  3. Highlight the spouses' personal and intimate relationships and obligations.
  4. Prohibit getting married or getting married.
  5. Expose compensation in case of betrayal of one of the parties.

The document regulates individually the relationship between spouses and takes into account the specific situation that develops between the parties.

Its compilation is dictated by the existing realities of life and saves a person from losing part of his property in a divorce.

Legal practice shows that the number of appeals to the court in case of divorce related to the division of property, after the conclusion of the marriage contract, decreased several times.