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Relationships governed by a marriage contract. All about the prenuptial agreement. What is it for and what it regulates

Marriage is a serious step for any lover; it is also a union based on the trust and understanding of the spouses. By getting married, you become the owners of joint property, certain rights and obligations. The procedure for use and orders can be fixed not only orally, but also by certifying such a document in writing with a notary. In this case, we will talk about a marriage contract.

A marriage contract, or as it is also called a marriage contract, is an agreement between the spouses that determines the "fate" of property rights and obligations in the event of divorce. This is a rather responsible step that should be approached wisely so as not to be faced with challenging such an agreement later.

What is the institution of a marriage contract generally needed for?

The answer to this question is simple enough so as not to divide property after a divorce and not resort to legal proceedings to determine the amount of alimony. Litigation is not easy and can drag out your divorce proceedings. Sometimes it is worthwhile to peacefully resolve the issue in order to avoid unnecessary costs and save your time.

The opinion about the marriage contract is ambiguous, since some consider it unacceptable for the spouses to "divide the property" in advance, or the preparation of such a document leads to a divorce. Here you can object, since the financial component is present in any relationship and, in order to avoid future conflicts, it is possible to find understanding immediately. It is about a compromise that is reached by the spouses with mutual consent. A situation may arise regarding the distribution of costs and why the spouses need unnecessary disputes, when it is possible to reflect such conditions in the marriage contract, for example, on the costs of rest, food and the maintenance of the property of each of the parties.

The main purpose of such an agreement is to regulate relations between spouses, to reach agreement on the ownership, use and disposal of property, to bear expenses from the family budget and to establish other rights and obligations between them.

Relationships governed by a marriage contract

A marriage contract governs the relationship between spouses. It can be concluded both before the registration of the marriage between the groom and the bride, and during it between the husband and wife, depending on the wishes of the parties. In this case, the spouses must reach the age of 18 or be emancipated, as well as have full legal capacity, for a full factual understanding of the actions that are being performed. This agreement comes into force from the moment of registration of the marriage or from the moment of signing by the spouses, for example, if citizens simply live together in a so-called "civil marriage", then they cannot conclude a marriage contract.

A marriage contract is a contractual way of distributing property rights and obligations. You can fix in it any conditions that do not contradict the Family Code of the Russian Federation. Thus, the spouses determine: what and for whom the property remains after the divorce, in the order of inheritance, in relations with the parents of the spouses and in other situations that may arise in life.

In the CIS countries, this agreement has not found wide application, since it was enshrined in the legislation relatively recently, nevertheless, it is considered relevant. In European countries, from where the institution of the marriage contract actually came to Russia, it is an integral part of marriage. For example, in Germany, it is only concluded between already married citizens with their consent. The key purpose of the agreement is to change or terminate the common property regime between spouses.

To conclude a marriage contract or not, your choice. If the problem is that you do not know what conditions to include in this document, you can contact a law firm for help in drawing up a marriage contract. They will explain to you which conditions are better to include and which ones to refuse altogether; how to clearly and clearly formulate the provisions and identify the positive aspects of each of the spouses when concluding and executing this legal document.

In most countries, a prenuptial agreement is used to resolve various conflicts and disputes during a divorce. Having concluded it, the spouses can indicate in advance which of them is more responsible for the financial support of the family, distribute among themselves the property, which in the event of a divorce will be divided according to the previously agreed conditions.

Basic information

In Russia, the concept of a marriage contract was introduced in 1996 with the adoption of the "Family Code" of the Russian Federation. It is intended primarily for the settlement of property relations. Since the document is a transaction, it must be drawn up in writing and certified by a notary.

It is possible to conclude a marriage contract both before the registration of marriage, and after it. But this cannot be done after a divorce or an application for divorce. If the contract is registered before marriage, it enters into registration after the marriage. If it was drawn up at the time of marriage, it comes into force immediately after notarization.

The rules for concluding, terminating and maintaining a marriage contract are governed by Chapter 8 of the Family Code of the Russian Federation.


When concluding a marriage contract, you must notify your creditors about it. This action is taken in order to exclude the possibility of a scam. As practice shows, a prenuptial agreement is sometimes used to transfer all of your property to the second of the spouses in order to avoid paying a loan, taxes, etc.

The main provisions that govern the marriage contract are:

  • How exactly do spouses participate in generating income. That is, who and to what extent contributes to the formation of the family budget.
  • The rights and obligations of spouses regarding mutual financial support of each other. For example, a description of the conditions under which the full or partial maintenance of one of the spouses is provided.
  • Rules for rejection of property in case of divorce. Items are prescribed regarding the division of jointly acquired property or acquired before marriage.
  • Forms of liability for expenses. For example, which spouse pays certain taxes.
  • A number of other issues that relate to the property of the spouses.
All questions can be determined by terms or circumstances. You can determine the validity period of a particular condition by either specifying the date or fulfilling the condition. For example, after the birth of a child, this or that property is transferred to the joint use of the spouses, or after the husband reaches 45 years of age, the car becomes his property.

When concluding an agreement, it is important that not only the rights and obligations of each of the spouses in the sphere of property relations are spelled out, but that they are approximately equal. Thus, it cannot be indicated that all property acquired both before marriage and in it, in the event of a divorce, remains for the husband, while the wife is left with nothing.


It is important to indicate which property belongs to the husband, which to the wife, which of them becomes common property if one or another condition is met. For example, all things donated at a wedding belong to the spouse whose relatives or friends they were presented to, while those acquired in marriage belong to the person for whom they were issued.

Non-property rights and prenuptial agreement

The non-property rights of the parties cannot be spelled out in a marriage contract, including:
  • infringement of rights;
  • infidelity;
  • violence;
  • equality;
  • any material incentives;
  • privacy;
  • settlement of relations with children.

So, in the contract it is impossible to indicate the responsibility of the spouses in case of treason, to determine in advance which parent the child will live with in the event of a divorce. Moreover, if such a clause is specified in your contract, it may be invalidated.

Main modes of ownership

When concluding a marriage contract, the ownership regime is indicated. Allocate:
  • Joint ... All property is equally owned by the spouses.
  • Equity ... For each of the spouses, his share in the ownership of the property is determined.
  • Separated ... The property belongs to the spouse who acquired it with their own income.
  • Mixed ... Part of the property belongs to joint, and part - to personal. Most often used.

Document structure

The agreement has the following structure:
  • The name of the document and its number.
  • The city in which the paper was compiled and the date of compilation.
  • Data of citizens entering into an agreement:

    FULL NAME.
    - Address.
    - Passport data.
    - An indication of whether the persons in question intend to marry or are in it. In the second case, the number of the marriage registration certificate is recorded.

  • The main part consists of four points:

    General provisions, which set out the provisions on the ownership of property, the consequences of divorce;
    - Features of the legal regime of certain types of property, which indicates the right to own bank deposits, shares and securities, share in property, jewelry and gifts, property acquired during marriage;
    - Additional condition. If necessary, the spouses negotiate the conditions for the entry into force of this or that clause. For example, in the event of a divorce, the apartment is received by the spouse with whom the child remains; after the birth of the child, the wife receives a monetary allowance until the child reaches a certain age;
    - The final clauses contain information that the spouses are familiar with the consequences of a breach of the contract. The date of entry into force of the document, information about the notary who concluded the agreement is also indicated;

  • Signatures of the parties.
Here is a sample prenuptial agreement for the conclusion:


When drawing up a contract, study the legislation of the Russian Federation. The agreement should not contain conditions that contradict it. The essence of the document is stated accurately and clearly. Vague, unclear wording has been excluded. The numbers should be duplicated using letter designations, that is, verbally. The contract is sealed with the personal signatures of the spouses.

The process of concluding a contract and its cost

To conclude a contract, you must:
  • Contact a lawyer who is engaged in the preparation of papers of this type, or familiarize yourself with the procedure for drawing up a document yourself. If you plan to contact a lawyer for help in drawing up the document, you will have to pay for his services in accordance with the rates set by him.
  • Pay a state fee of 500 rubles.
  • Apply to a notary with passports and a written agreement to the notary. Please note that the paper is compiled in triplicate. The notary may charge you for additional services. Pre-specify the cost before concluding a contract.
  • If the marriage was concluded, a marriage certificate is provided. In some cases, if the marriage has not yet been concluded, notaries require confirmation from the registry office that they have submitted an application for registration. This requirement is unlawful.
  • In the presence of both parties, the agreement is signed by each of the parties to the agreement and certified by a notary.
  • The notary issues a notarized agreement to each of the spouses.
  • One copy will remain with the notary.

Why do you need a contract?

We offer several main reasons that are the reason for drawing up a contract:
  • You define in advance your rights and obligations for the property.
  • It is determined in advance what property is transferred to the wife's property, what property remains with the husband.
  • A correctly drawn up document helps to avoid litigation and proceedings related to the division of property.
  • A marriage contract is one of the main ways to protect your property and business.

Modification and termination

Changes can be made only in case of mutual consent of the parties. In this case, the spouses are sent to the notary again. To amend or terminate the contract, you must:
  • Express your desire to your second spouse.
  • Wait for his consent to perform your proposed actions.
  • After that, go to a notary to certify either the new contract or cancel the old one.

Note that in the presence of creditors, it is necessary to warn them in advance about making changes to the prenuptial agreement.


Change or termination of a marriage contract unilaterally is possible only in court. To do this, you must first receive a refusal to amend the contract or terminate it from your spouse. Then go to court to sue for termination.

Termination of a document in court

Termination in court is possible in the following cases:
  • Breach of obligations by one of the parties. For example, one of the spouses prohibits the use of a thing that belongs to joint property.
  • Changes in the circumstances that served as the starting point for the conclusion of the contract. For example, one of the spouses has undertaken to support the family in full, but due to circumstances has lost the ability to work.
  • The terms of the agreement that govern the process of cancellation of the document.
To terminate it is necessary:

Video: Why do you need a prenuptial agreement and how is it drawn up?

You can learn more about the conditions and features of concluding a marriage contract from this video. A lawyer will tell you how to draw up a document correctly, what to look for when preparing it:



The conclusion of a marriage contract guarantees the protection of the spouses' property rights both in marriage and in the event of its dissolution. The paper is drawn up in writing and notarized.

In Western society, the concept of a marriage contract has become firmly established in married life. Before marriage, Europeans and Americans discuss and prescribe in a special document absolutely everything related to living together. We have a contract between a husband and wife only recently became the norm, although such an opportunity appeared by law more than 20 years ago. Few Russians understand why this should be done, preferring to rely on the law.

The concept of a marriage contract

Newlyweds in love rarely think about the material side of marriage. In our culture, it is shameful to talk about money and real estate when there are great feelings and hope for a happy future. However, the conclusion of an agreement will help resolve property issues without conflict, in a civilized way. It is especially important in divorce and division of jointly acquired material values.

A marriage contract (contract) is a civil document between spouses that defines their rights and obligations during and after marriage. Both future newlyweds and a married couple can conclude it. In the first case, it will come into force after the family ties are fastened, in the second - after being signed by a notary.

The essence of the agreement regulates the property interests and obligations of the parties in relation to each other. If you wish, you can regulate other areas of family life, enter other requirements for your half.

The concept of a prenuptial agreement is contained in the Family Code:

A prerequisite for a marriage contract is notarization. If the spouses drew up and signed it, but did not certify, the document has no effect before the law.

Why is it necessary and what does the document include?

The purpose of the contract is to settle family relations between spouses. It defines the ownership issues and responsibilities of the parties.

Usually, a marriage contract includes the following points:


Advantages and disadvantages of a marriage contract

The advantages of this document are much greater than the disadvantages. Pros:

The disadvantages include the following circumstances:

  • In our country, it is not yet customary to discuss all aspects of family life before marriage. This is considered a sign of distrust and commercialism. However, the conclusion of a marriage document seems logical and correct, it helps to protect from rash acts, because the family has not only sensual relationships, but also quite prosaic, material ones.
  • The high cost of services for the implementation of the procedure. Drawing up a contract between a husband and wife with a competent lawyer and certification from a notary can cost a decent amount. In a law office, you will have to leave at least 5 thousand rubles, the same amount - for notarization, the total cost will be more than 10 thousand rubles. However, the legal costs of divorce will be much more expensive.
  • It is common to find tedious and costly litigation after divorce. This is also evidenced by statistics - the number of divorces in our country is at a high level. The termination of the relationship is already a severe mental trauma, and litigation only aggravates the morale of the parties, as a result of which not only former loving spouses suffer, but also their joint children.

When is it worth signing an agreement?

The procedure for drawing up a marriage document is unpopular with us, according to statistics, only 4-7% of families conclude such a document. For comparison, in Europe the percentage is much higher - 70% of all official marriages.

It is necessary to clearly understand why a prenuptial agreement is needed, what goals it pursues. The conclusion of the document is beneficial:

  • financially secure citizens who have a sufficient financial and property condition;
  • individual entrepreneurs and owners of their own firms;
  • husband and wife, who have a significant difference in age and financial situation, with children from previous marriages.

However, this does not mean that only rich people can conclude a document on the regulation of property relations in marriage. It will certainly be useful to all citizens who own any material values. For example, when buying a home on a mortgage, an agreement will help to avoid not only litigation over the division of a mortgaged apartment, but also to determine who will be the payer of the loan after the divorce.

Rules for drawing up and a sample of a marriage contract in Russia

For a marriage contact to have legal force, it must be formalized in accordance with applicable law. What you should pay close attention to:


The marriage contract is referred to in Art. 41-44 IC RF:

  1. A marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage.
  2. A marriage contract concluded before the state registration of marriage shall enter into force from the date of state registration of the marriage.
  3. The marriage contract is concluded in writing and is subject to notarization.

Article 42. Content of a marriage contract
  1. By a marriage contract, spouses have the right to change the legal regime of joint ownership (Article 34 of this Code), establish a regime of joint, shared or separate ownership of all spouses' property, its separate types or the property of each of the spouses.
  2. A marriage contract can be concluded both in relation to the existing and in relation to the future property of the spouses.
  3. The spouses have the right to define in the marriage contract their rights and obligations for mutual maintenance, ways of participating in each other's income, the procedure for each of them to bear family expenses; determine the property that will be transferred to each of the spouses in the event of divorce, as well as include in the marriage contract any other provisions concerning the property relations of the spouses.
  4. The rights and obligations stipulated by the marriage contract may be limited to certain periods or be made dependent on the occurrence or non-occurrence of certain conditions.
  5. A marriage contract cannot restrict the legal capacity or capacity of the spouses, their right to go to court for the protection of their rights; regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children; include provisions limiting the right of a disabled needy spouse to receive maintenance; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law.

Article 43. Amendment and termination of a marriage contract
  1. The marriage contract can be changed or terminated at any time by agreement of the spouses. An agreement to amend or terminate a marriage contract is made in the same form as the marriage contract itself. Unilateral refusal to fulfill the marriage contract is not allowed.
  2. At the request of one of the spouses, the marriage contract may be changed or terminated by a court decision on the grounds and in the manner established by the Civil Code of the Russian Federation for amendment and termination of the contract.
  3. The validity of the marriage contract terminates from the moment of termination of the marriage (Article 25 of this Code), except for those obligations that are provided for by the marriage contract for the period after the termination of the marriage.
  1. A marriage contract may be declared invalid by a court in whole or in part on the grounds provided for by the Civil Code of the Russian Federation for the invalidity of transactions.
  2. The court may also declare the marriage contract invalid in whole or in part at the request of one of the spouses, if the terms of the contract put that spouse in an extremely disadvantageous position. The terms of the marriage contract that violate other requirements of paragraph 3 of Article 42 of this Code are null and void.

It is better to entrust the drafting of the contract to an experienced lawyer or notary, briefly setting out to them your wishes regarding the essence of the document. However, you can do this yourself, having carefully thought out all the points and indicating all the essential details (name according to passports, date of birth of spouses, date of marriage, marriage certificate number, numbers of certificates of title to real estate, etc.).

Sample contract:

What must be provided to create and certify a marriage contract:


Can the terms of the contract be changed or canceled altogether?

The terms of the marriage contract can be changed by drawing up an additional agreement to it and certifying it in the same way as the main contract. The condition for this is the consent of both parties. If one side does not agree, adjustments can only be made through the courts.

What is a prenuptial agreement (contract)

According to Article 40 of the RF IC, a marriage contract is recognized as an agreement between persons entering into marriage, or an agreement between spouses, which determines their property rights and obligations in marriage and (or) in the event of its dissolution. This, in fact, is the essence of the contract.

A marriage contract can be concluded in the period from the moment of filing an application for registration of a marriage until its dissolution in the registry office or a court decision on divorce. In this case, the contract concluded before the state registration of marriage comes into force from the moment of such registration.

Every year more and more marriage contracts are concluded in Russia. Currently, their number has reached 50 thousand per year. And although now such contracts are concluded not only by very wealthy citizens, but also by representatives of the middle class, while the parties to the contract most often become spouses who are already in the process of divorce. The conclusion of a prenuptial agreement allows you to avoid lengthy litigation and significant costs for qualified lawyers.

The procedure for concluding a marriage contract

It must be borne in mind that the marriage contract is concluded in writing and must be notarized. Only in this case it is legally binding.

What conditions can be included in the marriage contract

Since the conclusion of a marriage contract is aimed at changing the legal regime of property of the spouses, it is first of all necessary to determine which regimes can be used instead. In accordance with clause 1 of article 42 of the RF IC, a marriage contract may establish the following property regimes for spouses.

· Joint ownership regime: the property is in the possession, use and disposal of the spouses without determining the shares. The disposal of such property is carried out with the consent of both spouses, regardless of who it is issued to and, accordingly, who makes a particular transaction in relation to this property. Since this regime applies to the property acquired during marriage by default, it can be provided in the marriage contract, for example, that this regime applies only to a part of the property. Another way of using this regime in a marriage contract is to extend it to property, which, by law, is the personal property of each of the spouses. This applies, in particular, to premarital property. As a general rule, the latter belongs to the spouse to whom it belonged before marriage. In the event of a division of jointly owned property, the shares of each of the spouses will be allocated. Note that, by virtue of the norms of the RF IC, the shares are assumed to be equal, unless otherwise provided by the agreement between the spouses.

· Shared ownership regime: when for each spouse a specific share in the ownership of property is determined. Possession and use of such property is carried out by agreement of both spouses. However, each spouse has the right, at his own discretion, to sell, donate, bequeath, pledge his share or dispose of it in another way in compliance with the rule on the preemptive right of the second spouse to buy the share when selling it to third parties. This regime makes it possible to take into account the contribution of each spouse to the acquisition of a specific property. Depending on such a contribution, shares in the ownership of the property can also be determined. It is very important to prescribe in the marriage contract which property of the spouses is subject to the shared ownership regime and what criterion serves to determine the share of each of the spouses. Under this regime, the allocation of shares is not required in the event of the division of the spouses' property.

· Separate ownership regime: the property is the personal property of one of the spouses. Possession, use and disposal of such property is carried out by the owner-spouse at his discretion, without taking into account the opinion of the second spouse. This regime can be extended to all spouses' property, to its certain types (for example, real estate, securities) or to specific property. Most often, separate ownership is established in relation to the registered property, namely: real estate, vehicles. Accordingly, the owner of a particular property is the spouse in whose name it is registered. But nothing prevents the provision of separate ownership, for example, on bank deposits, securities or luxury goods. Note that this regime is beneficial for spouses, one of whom has children from a previous marriage, since in the event of the death of the parent spouse, his children will not be able to claim the property of the second spouse.

The above regimes of a marriage contract can be applied both to existing property and to property that will be acquired in the future.

Note also that in a marriage contract it is possible to use one of the regimes or a combination of them.

Property that is not covered by the contract will be considered joint property of the spouses.

In addition to determining the ownership regime in relation to existing or future property, as well as the composition of the property transferred to each of the spouses in the event of divorce, the following provisions can be included in the marriage contract:

· On the rights and obligations of mutual content. The size of the spouse's maintenance is determined at their own discretion.

· About ways to participate in each other's income. In this case, income is understood as wages, dividends from securities, income from renting out property and other income related to the participation of property in civil circulation, income in kind, for example, crops, as well as any other income obtained legally. Under the terms of a marriage contract, the income of one of the spouses can be distributed in a certain way, for example, 30% is the personal property of the spouse who received it, and the remaining 70% is transferred to the second spouse for targeted spending on the needs of the family.

· About the procedure for each of the spouses to bear family expenses. We can talk about any family expenses: paying utility bills and property taxes, purchasing food, paying for treatment, education, etc.

· Other provisions concerning property relations between spouses. For example, the conditions for a spouse to use a living space owned by the second spouse.

What conditions cannot be included in a marriage contract

According to clause 3 of article 42 of the RF IC, a marriage contract cannot limit the legal capacity or capacity of the spouses, their right to go to court to protect their rights; regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children; include provisions limiting the right of a disabled needy spouse to receive maintenance; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law.

Given the popular questions regarding the terms of the marriage contract, it should be clarified that, on the basis of the above, clauses on marital fidelity and household duties, for example, that the husband undertakes to take out the trash, and the wife must prepare breakfast, lunch and dinner, cannot be included in the contract. It is also impossible to establish a reward for the birth of a child. However, by virtue of clause 2 of Article 4 2 of the RF IC, the rights and obligations provided for by the marriage contract may be limited to certain periods or be made dependent on the occurrence or non-occurrence of certain conditions. Thus, it can be prescribed, for example, that in the event of the birth of a child, the regime of separate property of the spouses is changed to the regime of joint property.

In a marriage contract, it is impossible to regulate the issue of the residence of children in the event of a divorce of the parents. The rights and obligations of parents in relation to children can only be spelled out in a children's agreement.

It should also be noted that under the terms of the marriage contract, all property of the spouses cannot be transferred to the sole ownership of one of them. In this case, it will be just about the extremely disadvantageous position of the second spouse. Since such an agreement is a civil law transaction, such a circumstance will be the basis for recognizing the marriage contract as invalid.

Is it possible to change or terminate the marriage contract

At any time, until the marriage is dissolved, the spouses have the right to conclude an agreement to amend or terminate the contract.

If the spouses want to change the text of the marriage contract or terminate it, such an agreement must also be concluded in writing and certified by a notary.

The marriage contract is automatically terminated from the moment of termination of the marriage, except for those provisions that are provided for in the event of its termination.

What else do you need to know

Marriage contract and civil marriage

Often the question arises about the possibility of concluding a marriage contract between common-law spouses. Note that in the legislation there is no such concept as "civil marriage". In accordance with paragraph 1 of Art. 10 of the RF IC, marriage is concluded in the registry office. According to clause 2 of this article, the rights and obligations of spouses arise from the date of state registration of marriage in the registry office. Thus, under Russian law, only an official marriage is recognized. Since the marriage contract is concluded between the spouses or persons who have submitted an application for registration of marriage, which is directly stated in Art. 40 of the RF IC, the conclusion of such an agreement between common-law spouses is impossible. To change their property relations, such spouses can conclude any other civil law contract: purchase and sale, exchange, donation, etc.

Marriage contract and property division agreement

The RF IC provides for another way to change the property relations of spouses - an agreement on the division of property. What's the difference? First, a division agreement can only be concluded between spouses, while a prenuptial agreement can be concluded even before the marriage is officially registered. Secondly, the subject of the division agreement is exclusively the property already acquired by the spouses, and the subject of the marriage contract is also property acquired in the future. Thirdly, clauses on the property obligations of the parties cannot be included in the partition agreement.

Invalidity of the marriage contract

A marriage contract may be recognized by a court as invalid in whole or in part on the grounds provided for by the Civil Code of the Russian Federation for the invalidity of transactions.

If you have any additional questions related to the registration of a marriage contract, you can ask them to our lawyers using the website.

Marriage contract - it is an agreement between the persons entering into marriage, or an agreement between the spouses, which determines the property rights and obligations of the spouses in marriage and / or in the event of its dissolution. It establishes the legal regime of the spouses' property, different from the legal regime of the common joint property of the spouses, makes it possible to determine the property rights and responsibilities of spouses during marriage and in the event of its dissolution (art. 40 of the Family Code).

The concept of "marriage contract" was introduced by the current Family Code of the Russian Federation (Chapter 8), although already part of the first Civil Code of the Russian Federation provided for the possibility of concluding an agreement between spouses regarding property acquired during marriage. Such innovations are caused by the need to provide spouses with greater freedom in their property relations in a market economy. Previously, family legislation provided only for the legal regime of the spouses' property and regulated their property relations exclusively by imperative (generally binding) norms, which corresponded to the interests of the spouses in a situation where their property was limited to consumer goods. In the new economic conditions, the composition of the spouses' property has expanded significantly, the institution of private property has received legal registration and protection. Therefore, family legislation has extended dispositiveness in the sphere of property relations between spouses, that is, it provided spouses with the opportunity to freely choose a variant of behavior and exercise their subjective rights at their own discretion. The current Family Code grants spouses the right to independently determine their property relations on the basis of an agreement, taking into account their own interests and needs.

The conclusion of a marriage contract is the right of the spouses and is not obligatory. In the absence of a marriage contract, property relations between spouses are governed by the peremptory norms of the Family Code of the Russian Federation (Articles 33-39, 89-92). In the event that a marriage contract is concluded, then the property relations developing between the spouses are governed by the relevant provisions of the contract, and the rules determining the legal regime of the spouses' property are not applied.

A marriage contract is a type of civil contract. Therefore, it must comply with the requirements for civil transactions in terms of the form and procedure for concluding, changing and terminating. The marriage contract is concluded in writing and must be notarized. If the marriage contract regulates the regime of a specific immovable property, it is subject to state registration (clause 2 of article 429 of the Civil Code).

The specifics of a marriage contract are determined by its subject composition, subject matter and content of the contract. The subjects (parties) of a marriage contract can be either persons intending to marry, or spouses. The contract concluded before marriage comes into force from the date of state registration of the marriage.

The marriage contract must be bilateral and consensual (concluded by mutual agreement). He cannot put one of the parties in a disadvantageous position, imposing only duties on one side and giving the other party rights. A marriage contract is onerous, that is, a change in the property obligation of one of the spouses must be accompanied by a reciprocal granting of additional property rights to the other spouse.

A marriage contract can be concluded for a specified period or indefinitely (that is, it is valid until the termination of the marriage). If the validity of the marriage contract is limited to a certain period, then after its expiration, the legal regime of the property of the spouses comes into effect.

The property rights and obligations of spouses can be made dependent on the occurrence of certain conditions (birth of children, separation, etc.). For example, spouses may agree that if a new apartment is acquired, it will become the property of the spouse, and the apartment that is available at the time of the conclusion of the contract will become the property of the spouse.

The subject matter of the marriage contract is the property rights and obligations of the spouses falling under the legal regime of their common property. The specificity of the subject of the contract is that it can relate to both existing and future property rights of spouses.

The provisions of the contract may apply to all of the spouses' property or to certain types of property (for example, in relation to real estate or certain income). The established regime may apply to property acquired in certain period time (for example, to income and items that will be acquired during the education of one of the spouses).

The Family Code does not limit the property rights and obligations of spouses, which can be settled in a marriage contract. A marriage contract allows you to change the legal regime of ownership in relation to premarital property or property acquired in marriage. It allows the establishment of regimes of separate, common and shared ownership in relation to all property of the spouses, certain types of property or property of each of the spouses.

A marriage contract can regulate how spouses share in each other's income. This provision makes sense when establishing a separate regime for the property of spouses. In a marriage contract, it is possible to determine the conditions and share of the participation of one spouse in the income of the other; it must be mutual, but not necessarily equivalent. For example, a contract may provide for the right of one spouse to a certain percentage of the other spouse's business income.

The spouses have the right to determine the procedure for the distribution of family and individual expenses (current, for training, maintenance of property, etc.). It is possible to provide for the participation of the spouses in the expenses in proportion to the established shares of the property. The agreement may establish that each of the spouses will alternately bear family expenses for a certain time (the first six months - the spouse, the second six months - the spouse).

The marriage contract may provide for obligations for mutual maintenance, which should not violate the norms on alimony (Chapter 16 of the Family Code). Mutual maintenance provisions, unlike alimony obligations, may not be linked to the need of one of the spouses. For example, the condition that dissolution of a marriage on the initiative of one of the spouses entitles the other spouse to a certain amount of maintenance after the dissolution of the marriage is permissible.

The marriage contract can determine the procedure for the distribution of property, which will be transferred to each of the spouses in the event of divorce. The inclusion of such a condition in the marriage contract allows to ensure the stability of the entrepreneurial activity of the spouses, and also allows to protect the interests of the spouse, who was engaged in housekeeping and caring for children during the marriage.

The legislation provides for some restrictions on the freedom of the marriage contract regarding personal non-property relations. It is not allowed to include the following conditions in a marriage contract:

Depriving or restricting the legal capacity and capacity of citizens (Art. 22 of the Civil Code);

Restricting the right to go to court (for example, demanding the division of property);

- regulating personal non-property relations between spouses, the rights and obligations of spouses in relation to children;

Restricting the right of a disabled needy spouse to receive support from another spouse;

Putting one of the spouses in a disadvantageous position (for example, the obligation of one spouse to transfer to the ownership of the other all the property acquired during the marriage);

Amendment and termination of a marriage contract is mainly regulated by the Civil Code of the Russian Federation. The obligations of the parties can be changed or terminated at any time only by agreement of the spouses, which must be notarized. In this case, the obligations of the spouses terminate from the moment an agreement is reached for the future. Unilateral refusal to fulfill the conditions of the marriage contract is unacceptable.

If it is impossible to reach an agreement between the spouses, the marriage contract may be changed or terminated at the request of one of the spouses in court. The grounds for such a court decision are: either a significant violation of the contract by one of the parties, causing damage to the other party; or a significant change in the circumstances from which the parties proceeded when concluding the contract (for example, a change in the material or marital status of the parties) (Articles 450, 451 of the Civil Code of the Russian Federation). Upon termination of a marriage contract in court, the obligations of the parties terminate for the future from the moment the court decision enters into legal force.

The marriage contract is automatically terminated from the moment of termination of the marriage, with the exception of the obligations provided for in the contract in the event of divorce (division of common property, maintenance to one of the spouses).

A marriage contract can be declared invalid on the grounds provided for by the Civil Code of the Russian Federation: illegal content of the contract, non-compliance with the form of the contract, conclusion of the contract by an incapacitated person, inconsistency of the true will of the parties with the expression of will in the contract (Articles 166-179). The court may declare a marriage contract invalid in whole or in part at the request of one of the spouses on the basis that the terms of the contract put him in a disadvantageous position. In addition, the relatives of the spouses have the right to go to court to declare a marriage contract invalid. Recognition of the contract as invalid means that it does not entail legal consequences from the moment of its conclusion. The consequence of such a decision is the return to each of the parties of everything received under the contract.

It should be noted that the list of issues that can be settled in a marriage contract given in the Family Code of the Russian Federation (Art. 42) is not exhaustive. The contractual regime gives spouses considerable freedom in determining their property relations. However, until now, the marriage contract has not received wide distribution in Russia. This is due to both the novelty of this institution and the low standard of living of the majority of citizens. Probably, over time, the prenuptial agreement will turn into an integral part of the marriage, since it allows spouses to avoid property disputes both in marriage and after its termination.