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The marriage contract is drawn up before or after marriage. What is a marriage contract and what is it for? What conditions can be included in the marriage contract

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

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

1. To come to an agreement on the subject of the contract

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

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

Therefore, before drawing up a contract, check with Article 42 of the RF IC.

2. Draw up a marriage contract

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

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

  • , and edit to fit your requirements;
  • take a ready-made template from the bank (applies to cases when a marriage contract for a mortgage apartment is drawn up);
  • contact a law office, where an experienced lawyer will write to you, or immediately - to a notary, who at the same time will certify.

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

3. Appear personally to a notary to certify the contract

You must definitely come together, having with you:

  • passports of each of the spouses;
  • marriage certificate (if any, but more on that later).

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

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

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

The question immediately arises - which notary to go to? In this case, it does not matter - even to the private, even to the state, even in your city or in any other in the Russian Federation.

4. Pay the state fee for the certification of the contract

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

Please note that it will probably be cheaper to contact a notary immediately, who will draw up the text of the contract and immediately certify it. Thus, you will pay once for his service (plus the state fee), since it simply does not make sense to check what he wrote himself. Otherwise, you will have to pay at the beginning to a lawyer, then to a notary for verification, and if you decide to draw up it yourself, then the consequences may be even more disadvantageous.

5. Get your copy of the contract

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

Who can enter into a marriage contract

The right to conclude it has a capable person who has reached the age of 18, while not even being officially married (more on the nuances of this moment later).

However, we will immediately make a reservation: a person can be recognized as legally capable even at the age of 16 (and in some regions of the Russian Federation even earlier) if he or she creates a family. Accordingly, from this moment he receives the legal opportunity to conclude a marriage contract.

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

When can it be drawn up and when it becomes legally binding

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

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

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

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

  • if before the wedding - then from the moment of registration of the marriage at the registry office;
  • if married - then from the moment of certification by a notary.

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

Termination and amendment of the marriage contract

The marriage contract can be terminated in the following cases:

  1. divorce;
  2. bilateral cancellation of the marriage contract, which is drawn up in a separate document and certified by a notary;
  3. the onset of the term, which is indicated in the database as the expiration date of its validity;
  4. its invalidation in court.

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

Unilateral cancellation of the marriage contract is not allowed. If a husband or wife refuses to abide by the rules or comply with the requirements specified in it, then they will be held accountable. Usually in the text of the agreement there is a special section "Liability of the parties", which details the consequences of its non-compliance.

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

How is a prenuptial agreement for a mortgage

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

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

  1. which one of you is the borrower, is the other spouse a co-borrower;
  2. Who owns the apartment:
    • if in total, then in what shares;
    • if separated, will the second spouse receive compensation in the event of a divorce;
  3. who will pay regular mortgage payments, and who will pay the down payment, who will repay the loan body, and who will pay interest and other additional costs;
  4. from what sources of income the loan will be repaid;
  5. what is the responsibility for the person who has refused to fulfill the contract;
  6. how the debt will be divided in the event of a divorce, etc.

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

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

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

Favorable terms of the mortgage marriage contract

The purpose of a marriage contract is to achieve justice. According to the law, all property acquired in marriage is owned by the spouses in equal shares. With a marriage contract, you can change these shares, and this does not always mean that someone is in less favorable conditions. Let's look at some examples.

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

Example... Paramonov took out a loan in April 2012. He and his wife drew up a marriage contract, where they made a clause stating that the mortgage housing belongs only to him, and the wife has no rights to it. In January 2019, he started having financial problems, his wife left him. Mortgage housing was taken away to pay off the debt. If the marriage contract had not been drawn up, then Paramonov's wife would act as a co-borrower under the loan agreement, and then the fulfillment of the loan obligations would be transferred to her. In this situation, the wife remained the winner, since she will not pay off her husband's debt, and besides, her share in their common (non-mortgage) apartment cannot be alienated to pay off the debt, because the bank can recover the debt solely at the expense of a separate Paramonov's property, but not theirs in common with his wife.

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

Example... Vakulenko D. wanted to take out a mortgage in his own name and pay for it on his own, as he is engaged in a "shadow" business and has a high income. The bank refused him on the grounds that there was no documentary evidence of his income. Then the loan was issued by N. Vakulenko, his officially employed wife. After thinking it over, the spouses conclude a prenuptial agreement, according to which the mortgage housing is owned only by the wife, and in case of divorce, in case of compensation, the husband will receive a country house.

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

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

  • As an initial contribution, maternity capital or personal funds of one of the spouses is made - the shares in the apartment are distributed according to the amount of the invested funds.

Example... A. Anokhina received maternity capital of 453,026 rubles, and besides, she did not withdraw the scholarship for the entire period of her studies and collected 100,000 rubles. Plus, as a dowry before the wedding, her godfather gave her 200,000 rubles. Together with her husband - Anokhin M. - they decided that this money would become an initial payment on a mortgage, and then it would be used to pay regular payments. A friend of Anokhina A., a lawyer by training, recommended that she draw up a marriage contract, in which she offered to indicate that 2/3 of the apartment would belong to her, since most of the apartment would be purchased at her expense (only 753,026 rubles at a cost of 1 million R). The contract was concluded on the terms advised by a friend, and very handy, since 3 years after the registration of the mortgage, the marriage broke up. And if there was no marriage contract, then Anokhina A. would have owed only half of the apartment bought practically with her money alone.

How much does it cost to conclude a marriage contract

Above, this topic has already been touched upon, but it does not hurt to indicate a more or less specific figure to make it easier to navigate. So, the cost of his conclusion includes:

  1. preparation of a layout - from 5000 rubles;
  2. its legal and technical verification - from 5000 rubles. (if you did not apply for the layout to a notary);
  3. state duty - 500 rubles.

In total, you will spend at least 10,500 rubles. If in the future you want to make changes to it - still prepare 5000 rubles, then the cost already rises to 15,000 rubles.

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

He can help in compiling the text on his own and then you will not have to pay for the layout of the contract at all. In this case, the conclusion of a marriage contract can cost even a record low amount - 5,500 rubles.

Prenuptial agreement before marriage. A marriage contract 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.

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

By a marriage contract before marriage, spouses have the right to change the statutory regime of joint ownership "(Article 34" of the Family Code), establish a regime of joint, shared or separate ownership of all spouses' property, its individual types or the property of each of the spouses.

A marriage contract can be concluded both in relation to the existing and in relation to the future property of the spouses.

The spouses have the right to determine in the marriage contract before marriage 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.

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.

A marriage contract before marriage cannot limit 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.

City of Moscow, RF
April 8th, two thousand _________

We, ALEXANDER GENNADIEVICH ANANASOV, born on November 12, 1966, passport 13 11 447853, issued by the Department of Internal Affairs of the city. Moscow 12.12.2012, subdivision code 222-123, residence: city. Moscow, st. Krasnaya, house number 33 sq. 33, and OGON ANNA IVANOVNA, born 10.10.1988, passport 13 11 456654, issued by the Department of Internal Affairs of the city. Moscow 11/14/2013, subdivision code 122-122, residence: Moscow, st. Pages, house number 99, have entered into this agreement as follows:

  1. By entering into a marriage, the registration of the conclusion of which with the registry office should take place on 12.12.2010, we define by this agreement our property rights and obligations in marriage and in the event of its dissolution.
  2. At the time of the conclusion of this agreement, we have:
    ANANASOV Alexander Gennadievich - an apartment with a total area of ​​45.7 square meters, including a living area of ​​28.8 square meters, cadastral number 77: 77: 0: 0: 7777/888/01: 0000 / A, located at address: mountains. Moscow, st. Krasnaya, house number 33 sq. 33, and owned by him on the basis of the Contract of lifelong maintenance with dependent, certified by Rusinova E.L .., notary of the mountains. Moscow December 22, 2013 according to the register No. 8888, registered in the institution of justice for state registration of rights to real estate and transactions with it in the territory of the city of Moscow November 16, 2013 No. 77-77 / 00-123 / 2013-444, Certificates on state registration of rights series 77-AB No. 333333, issued by the institution of justice for state registration of rights to real estate and transactions with it on the territory of the city of Moscow on 11.11.2013.
    The inventory value of the apartment is 89642 (eighty nine thousand six hundred forty two) rubles. according to the Technical passport of the dwelling (apartment), issued by the branch of the State Unitary Enterprise KK "Kraitekhinventarizatsiya" in the mountains. Moscow 12.11.2013
    FIRE Anna Ivanovna - a land plot with a total area of ​​957 sq.m., located at the address: Moscow, st. Zhemchuzhnaya, No. 551, and provided to her for individual housing construction on the basis of the Decree of the Moscow Rural Administration dated January 13, 1999 No. 1, and the order of the Committee for Municipal Property Management of the Moscow City Administration dated November 12, 2015 No. 12.
  3. We, Alexander Gennadievich Ananasov and Anna Ivanovna Fire, with this marriage contract before marriage establish the following legal regime of the above property:
    The APARTMENT specified in clause 2 of this agreement will be the exclusive property of Alexander Gennadievich Ananasov.
    Fire Anna Ivanovna does not have the right to claim this apartment by right of ownership, both during marriage and after its dissolution, regardless of whose initiative and for what reasons it will be dissolved.
    Ananasov Alexander Gennadievich has the right to dispose of the specified apartment at his own discretion, has the right to rent it out, lease it, mortgage, and also alienate it at any time and in any form without the consent of Anna Ivanovna's fire, subject to the requirements of Art. 604 of the Civil Code of the Russian Federation.
    Ananasov Alexander Gennadievich undertakes to grant Anna Ivanovna Fire during marriage the right to use the apartment specified in clause 2 of this agreement, with the right to reside and register in it.
    In the event of a divorce, all rights specified in this clause of the contract terminate simultaneously with the dissolution of the marriage. At the same time, Anna Ivanovna Fire undertakes, no later than within 10 days from the date of divorce, to vacate the above-mentioned apartment belonging to Alexander Gennadievich Ananasov, having removed from the registration register.
    The LAND PLOT specified in clause 2 of this agreement, in case of acquisition (privatization), will be the personal property of Anna Ivanovna's Fire.
  4. The apartment specified in clause 2 was purchased by Alexander Gennadievich Ananasov under a life maintenance contract with a dependent, certified by EL Rusinova, a notary of the city. Moscow on December 22, 2013 according to the register under No. 8888, and is encumbered with a pledge (mortgage).
  5. The property received by each of us during marriage by inheritance, a gift or other gratuitous transactions will be the property of the spouse who received this property.
  6. We establish that all other property and property rights that have already been acquired or will be acquired by us in the future during the marriage, will be our common joint property.
  7. The division of property, which is a common joint property, can be made by us at any time during the marriage, and in the case of divorce - at any time after its dissolution. The division of property can be carried out at the request of any of us by subsequent amendments and additions to this agreement or by concluding a separate agreement on the division of property, certified by a notary, and in the event of a dispute between us or in the event of a statement by the creditor of any of us, the claim on the division of property for foreclosure on the share of one of the spouses in the common property of the spouses - in a judicial proceeding.
    The property specified in clause 2 of this agreement will not be the subject of division, even if during the marriage, due to joint investments or due to the income of the other spouse, improvements were made to this property, which significantly increased its value. In this case, the second spouse is entitled to reimbursement of the cost of the improvements made.
  8. In the event of the death of any of us, both during the marriage and after its dissolution, the legal regime of all property must comply with the provisions of applicable law and this agreement. The surviving spouse does not have the right to claim ownership of the property in respect of which we have established a separate ownership regime.
  9. The marriage contract can be changed or terminated at any time by our mutual agreement, certified in a notary form.
    At the request of each of us, a marriage contract can be changed or terminated by a court decision on the grounds and in the manner established by civil law for changing and terminating the contract.
  10. Contents of Art. 256 of the Civil Code of the Russian Federation, Art. 40-44 of the Family Code of the Russian Federation to the parties are explained by the notary.
  11. This agreement comes into force from the moment of its notarization and from the date of state registration of our marriage in the registry office.
  12. The costs of concluding the contract are paid by Alexander Gennadievich Ananasov.
  13. The parties to the contract, in the presence of a notary, stated that they were not deprived of legal capacity, did not suffer from diseases that prevent them from understanding the essence of the contract they were signing, as well as that there were no circumstances forcing them to conclude this contract on extremely unfavorable conditions for themselves.
  14. This agreement was drawn up before marriage and signed by the parties in triplicate, one of which is kept in the files of the notary office of the mountains. Moscow, RF, st. Red, 14, and the second and third copies are issued to the parties.

The text of this agreement has been read aloud to the parties by a notary.

SIGNATURES:
________________________
___________________________
Moscow, RF, April 8, two thousand _________.
This agreement has been certified by me, Elena Leonidovna Rusinova, a notary of the city of Moscow of the Russian Federation.
The contract was signed by the parties in my presence. The identity of the parties has been established, their legal capacity has been verified.

Registered in the register under No. ___________
Collected at the rate - __ rubles. + ____ rub. for ave.

NOTARY ______


I told how property is divided between former spouses according to the law.

Daria Kulinich

Today we will talk about the division of property, if the husband and wife have entered into a marriage contract.

We know what a prenuptial agreement is from American films and magazines. And if we lived in the USA, then our ideas are completely would correspond reality. But we live in Russia, and our marriage contract is different from their marriage contract.

A marriage contract is an agreement between spouses or future spouses on how premarital property or property acquired in marriage will be divided.

Spouses enter into a marriage contract if they do not want to divide the property as it is written in the law - that is, in half. The prenuptial agreement takes precedence over the family code: the court in the division of property will be guided first of all by the prenuptial agreement and only then by the law.

A marriage contract is needed in cases where the division of property according to the law will not be fair. Or when the court can divide the property in several ways, and the husband and wife are satisfied with only one.

When a prenuptial agreement makes life easier

How to draw up a contract

Reason 1

Buying an apartment in a building under construction

Albert invested in the construction of a two-room apartment in Yuzhny Butovo. He will receive the keys and the certificate of ownership in two years. And he will marry Masha in a year. Formally, the new apartment will become their common property. So that the court does not divide this apartment between the spouses in case of divorce, Albert needs to prove that he bought it with his personal money.

A simple solution: Albert and Masha enter into a marriage contract, where they indicate that the kopeck piece in Yuzhny Butovo belongs only to Albert.

Reason 2

Real estate gift for a wedding

Parents gave Anya and Denis a house in the suburbs for their wedding St. Petersburg... Six million were invested by the parents on the part of the bride, three million on the part of the groom. The young people received a certificate of ownership after the wedding. By default, upon divorce, the court will divide this house in half.

A simple solution: Anya and Denis confirmed in the marriage contract that Anya owns ⅔ of the house, and Denis owns ⅓.

Reason 3

Premarital business

Maxim is a successful businessman, and his wife Katya is a student. Max created his business long before meeting with Katya, but he began to receive profit only in marriage. They have not yet acquired joint property, but they plan to buy a car and an apartment in the future. All acquired property will automatically become common, regardless of the financial contribution of each of the spouses.

A simple solution: with the help of a marriage contract, Maxim and Katya agreed that the car they would buy would belong to Katya, and the apartment to Maxim. The rest of the property that they acquire will become common, which is fair, because by that time Katya will graduate from the university and start working.

Reason 4

Separate budget

Natalia and Sergey are actively pursuing their careers, both earn good money, but have a separate budget. Sergei bought himself an expensive SUV, and Natalya invested in a house in the near Moscow region. By law, Natasha owns half of the jeep, and Sergei owns ½ of the house in the village.

A simple solution: in order to exclude disputes about property, Natasha and Sergey entered into a marriage contract, according to which each of the spouses becomes the sole owner of the property that is assigned to him. Everyone is also responsible for their loans.

Reason 5

The property was purchased with personal money

After the wedding, Ruslan decided to sell his bachelor sports car and buy a minivan, which is more suited for family trips and transportation of building materials to the country. The new car is automatically considered the joint property of Ruslan and his wife. In the event of a divorce, Ruslan would have to prove that the minivan was purchased with money from the sale of his personal car, so that the court would not divide this property in half.

A simple solution: Ruslan and his wife wrote in the marriage contract that the car belongs only to Ruslan, in order to save him from the need to collect and store evidence.

Reason 6

The property cannot be divided in reality

Pasha and Marina bought a one-room apartment in Lyubertsy. They have no other joint property. In the event of a divorce, they will have to agree on how to share a one-room apartment.

A simple solution: in order to protect themselves from the unpleasant consequences of sharing a one-room apartment, when buying an apartment, Pavel and Marina entered into a marriage contract, according to which, in the event of a divorce, Marina will become the owner of the apartment. And as compensation, she will pay Pavel 2.5 million, which she will take on credit.

How to conclude a marriage contract

First you need to draw up the text of the marriage contract. This can be done in three ways:

  1. download the template and rework the terms of the marriage contract to fit your needs;
  2. contact a lawyer for drafting;
  3. compose a text with a notary.

500 RUB

state duty for notarization of a marriage contract

When the text of the agreement is drawn up, you need to certify it with a notary.

The Family Code allows to include in the marriage contract only conditions concerning personal and common property that already exists or will appear in the future. It is impossible to write down the terms in the contract concerning third parties (children, relatives) and personal non-property relations of the spouses.

What conditions can and cannot be included in a marriage contract

share an apartment, house, cars, yachts, planes, money on accounts, debts, loans

include conditions about who the children will stay with after a divorce;
that part of the property will go to the mother-in-law;
how often sex should be;
that after a divorce one cannot remarry;
that in case of treason, monetary compensation is paid

Agree whether the premarital property will be divided if the second spouse has invested money in it and increased its value

Determine if a disabled spouse or one with whom they have common children will receive monthly allowance

Establish who will contribute to what amount of the total costs

Agree on how you will disperse in case of divorce

Determine whether the second spouse will repay your loan and, conversely, whether the bank will be able to take your personal property to pay off the spouse's debt

Be sure to certify the marriage contract with a notary

This contract establishes shared ownership of the common property - clause 1.1.

Determine the specific size of the shares - p. 1.2.

Write down what property will not be shared, but will become the personal property of the person to whom it is registered - pp. 2.1-2.5.

Agree whether the premarital property will be divided if the second spouse has invested money in it and increased its value - clause 2.6.

Determine whether the disabled spouse or the one with whom they have common children will receive monthly maintenance - p. 3.2.

Establish who to what extent will participate in the general expenses - clause 4.1.

Agree on how you will disperse in case of divorce - clause 5.1.

Determine whether the second spouse will repay your loan and, conversely, whether the bank will be able to take your personal property to pay off the spouse's debt - clause 6.2.

Be sure to certify the marriage contract with a notary.

What documents will be needed

A prenuptial agreement requires a certain set of documents:

  1. Identity documents for both spouses.
  2. Marriage registration certificate, if it has already been concluded.
  3. Birth certificates of children, if any.
  4. Documents confirming the ownership of the property, if the procedure for the division of already acquired property is established.

Price for drawing up a marriage contract

The state has established only the amount of fees for notarization of a marriage contract. The cost of the services of a law firm or a notary in compiling its text is not regulated by anything. The price of such a service depends on the complexity of the contract and the courage of a particular law firm or notary in setting prices and can range from 5,000 to 50,000 rubles.

Whether it is up to the spouses to pay intermediaries or write the text of the marriage contract themselves. Sometimes notaries refuse to certify a marriage contract because it was drawn up with errors. For example, the parties included in it conditions that cannot be included under the law - about who will take out the trash, or how much compensation the wife will receive if she catches her husband cheating.

When it starts and stops acting

If the contract is concluded by the spouses, then it begins to act from the moment of conclusion. If the future spouses - then from the moment of registration of the marriage. If the wedding is canceled, then the prenuptial agreement does not enter into force. This means that a prenuptial agreement cannot be concluded by people who live without marriage registration.

Husband and wife, through a prenuptial agreement, can divide property without divorce. In the contract, the spouses can write that the separate ownership of the property is established from the moment the contract is signed or another specific date, and is not associated with the fact of divorce.

The marriage contract expires at the time of the dissolution of the marriage. But this does not apply to those conditions that establish the rights and obligations of the parties after a divorce. For example, the payment of alimony or compensation for a share in a jointly acquired apartment.

If one of the spouses dies, this also entails the dissolution of the marriage and the marriage contract. The surviving spouse gets the property determined by the marriage contract. The rest of the property of the deceased is distributed among the heirs. The surviving spouse is also one of them.

How to change the terms or terminate a marriage contract

You can change or terminate the agreement at any time. To do this, you need to prepare an agreement on changing the marriage contract or an agreement on its termination and register it again with a notary. Such a certificate will cost 200 rubles. There is no established form of agreement, you can download the template on the Internet or make it yourself.

Everything becomes more complicated if only one of the spouses wants to change the terms of the contract or terminate it, and the other is against. Then the initiator will have to achieve what he wants through the courts. This requires at least one of the reasons:

  1. violation of the legitimate interests of the spouse by the second spouse. For example, under the contract, the husband is assigned the right of ownership to the apartment, and the wife - to the car, but the husband uses the car and he does not allow his wife to use it;
  2. a significant change in the circumstances from which the spouses proceeded when concluding the contract. For example, according to the contract, the husband is obliged to pay alimony to his wife after the divorce, but had an accident, became disabled and can no longer work;
  3. conditions under which the contract is changed or terminated, if provided for in the contract itself.

When the marriage contract does not provide guarantees

If the spouses have included prohibited conditions in the marriage contract, such conditions are considered invalid, but not the entire contract. The court may declare a marriage contract completely invalid if, according to its terms, one of the parties finds itself in an extremely disadvantageous position. It cannot be stipulated in an agreement that one side gets everything in a divorce, and the other gets nothing.

The British say: "Hope for the best, prepare for the worst." No one can control the outcome of a marriage, because it is impossible to control a spouse. The good news is that a husband and wife can control the financial consequences of their marriage if they enter into a prenuptial agreement. Whether to do this or hope for the best is everyone's personal choice.

conclusions

  1. Decide is not it you need a marriage contract.
  2. Fix in the marriage contract the status of the property acquired with personal money.
  3. If you invest in the property differently, define in the marriage contract the shares in the common property.
  4. If you do not want to divide the property, agree in the marriage agreement who will receive the property and who will receive the money.
  5. Certify the marriage contract with a notary.

So, you have chosen your life partner. The wedding day has already been set and all the necessary preparations for the wedding have been made. The race to shops, bridal salons, inviting guests to a gala dinner is over. You are ecstatically anticipating the cries of "bitterly!" You believe that it is your life that will be cloudless. And it seems that everything related to family life has already been provided for and thought out. Conditions have been created, pros and cons are weighed ...

All this is fine, but stop for a minute ... Have you ever heard of the rights and obligations of spouses defined by law? Do you know about the existence of a body of laws called "Family Code"?

"Ugh, how boring it is," says another romantically inclined bride, forgetting that at all times marriage was primarily an alliance that took place on an economic basis: it was thanks to a successful marriage or marriage that capitals were merged, ties were strengthened and subtle political games were played ...

The past century has proclaimed the defining beginning of marriage to the passionate feeling that newlyweds should have for each other. But, alas, love is not the most solid foundation for a family union. How many of us can honestly guarantee that throughout our life the spouse will never make claims, including material ones? And if we are talking about a divorce, are you 100 percent sure that there will be no problems with the division of property?

In Russian legislation, both modern and Soviet (by the way, pre-revolutionary too), everything that related to the property relations of spouses was determined by law with no alternative. It was believed that it was possible to reliably protect the rights of each of the spouses only by defining them in the strict framework of the law. And if in the West and in Europe a marriage contract has been concluded for about five hundred years (suffice it to recall the beautiful painting by Jan Steen, dated to the middle of the 17th century), then Russian society remembered about it relatively recently. Only in 1996, with the adoption of the Family Code of the Russian Federation, each Russian couple received the right to conclude a marriage contract, that is, an "agreement that allows spouses or persons intending to marry to determine mutual property rights and obligations for the period of marriage, as well as in the case of its termination ".

Why is a marriage contract needed and what are the benefits of a marriage contract? Lawyer Ilya SOLOVIEV answers these and other questions.

- Who and when can conclude a marriage contract?

The conclusion of a marriage contract is allowed both before marriage and at any time in the state of marriage. However, if the marriage contract is concluded before the registration of the marriage, then it is valid only from the moment of registration. Thus, it is impossible to settle in the marriage contract, for example, the issues of incurring the costs of celebrating a wedding.

- Is the form of the contract arbitrary or is there a certain standard?

I believe any notary's office will have a sample of such a contract. It is concluded in writing and must be certified by a notary. If subsequently changes or additions are made to the marriage contract, then they must be made in the same form - in writing, with notarization.

Probably the most important question that interests readers: what kind of relationship between spouses is regulated by a marriage contract?

A marriage contract can only regulate property relations. Any of its conditions regarding non-property relations between spouses are invalid. It is impossible, for example, to determine who will walk the dog and who will wash the dishes in the house. Or, for example, how often spouses will perform marital duties. The law prohibits in any way affecting the rights of children in a marriage contract. It is impossible to establish by agreement with whom the common child will live after the divorce (this issue can be resolved either by the spouses after the divorce, or in court). It is impossible to determine how children will be brought up, what part of the total income will go to their maintenance, and the like. It is not allowed to restrict the spouses' right to go to court. In other words, the conditions of the marriage contract are invalid, which determine, for example, that the division of property will be carried out only in accordance with the terms of the contract, and that it is unacceptable to apply for the division to the court. However, if the marriage contract is concluded and contains conditions for the division of property in the event of divorce, the court will primarily be guided by them.

- So, in fact, what is then the advantage of a marriage contract?

It allows you to establish what type of property will be used in marriage in relation to all or part of the property - joint, shared or separate. Let me explain what the differences are.

Joint ownership: all property goes into the common property of the spouses without defining shares. This is the regime that applies, unless otherwise provided by the marriage contract.

Shared ownership: with this option, the shares of the spouses are determined initially.

For the alienation (sale, donation, exchange, will) of the property in shared ownership, the consent of the second spouse is required. If the property is shared, such consent is generally not required. There are other specific differences, but here I would first of all advise you to contact a lawyer directly.

Also, spouses can establish a separate ownership regime for all or certain types of property. A marriage contract can establish the amount of funds received during the period (and after the dissolution) of marriage by spouses from each other, with one exception: the rights of a disabled, needy spouse cannot be limited - he will receive alimony within the limits established by law, regardless of the provisions of the marriage contract.

- Are these all the differences or is there something else worth mentioning?

The convenience of a marriage contract lies in the fact that the law (clause 1 of article 42 of the SK) allows its effect to be extended both to property already acquired by the time of the conclusion of the contract (including before marriage), and to property acquired later on the duration of the marriage. In addition, the terms of the marriage contract can be limited by terms: for example, it can be determined that within 15 years from the date of marriage, the property that belonged to each of the spouses before marriage continues to be in separate ownership, and the newly acquired property becomes shared ownership. After 15 years, the agreement may determine that all property acquired both before and after the marriage, goes into joint ownership.

- How are rights and obligations defined in a marriage contract?

Rights and obligations may arise, do not arise or terminate depending on whether certain conditions occur or do not occur: for example, the birth of children, adultery, etc. Let's say you can establish a special regime of property relations for the period of pregnancy and for the next several years. As a rule, at this time, the spouse, for objective reasons, is deprived of the opportunity to earn money on her own, or her income is significantly reduced. Thus, in order to protect the rights of a woman in such a situation, an appropriate clause of the marriage contract can be envisaged, which guarantees the spouse during pregnancy to receive from the husband a salary in the amount of a certain share of the total income, for example, half or two-thirds.

In addition, the prenuptial agreement can protect the interests of the family from the collection of the debts of one of its members. For example, if a spouse is engaged in entrepreneurial activity, then it is reasonable to establish by a marriage contract that all expensive property (real estate, securities, etc.) is in separate ownership and belongs to the spouse. In this case, collection on a share in this property will be impossible.

Is it possible to settle housing issues with the help of a prenuptial agreement? Indeed, in our time it is one of the most serious problems, especially in big cities.

In accordance with current legislation, in the absence of a marriage contract, the spouse, having moved into the dwelling that belonged to the other spouse before marriage, in accordance with Art. 127 (in the case of housing privatization) and Art. 53 (if we are talking about non-privatized housing) of the Housing Code of the RSFSR acquires the right to use this premises. This right remains with the spouse even after the dissolution of the marriage. This can also be prevented by a marriage contract by taking advantage of the restriction stipulated in the Housing Code of the RSFSR: in Art. 127 states that the right of residence is retained in the event of the termination of family relations, "unless otherwise agreed upon arrival." Thus, in a marriage contract, it can be determined that a spouse who moves into an apartment belonging to another spouse retains the right of residence only for the period of his marriage, and upon dissolution of the latter, he must immediately move out.

- Is a marriage contract an open-ended document or is it possible to determine the terms of its validity?

First of all, it must be borne in mind that the marriage contract ceases to be valid upon dissolution of the marriage - with the exception of those provisions that determine the rights and obligations of the former spouses for the postnuptial period. Also, a marriage contract can be declared invalid in whole or in part in a judicial proceeding. This is allowed both on the grounds provided for by the current civil law (Articles 168-179 of the Civil Code of the Russian Federation.) Among such grounds: non-compliance of the marriage contract with the requirements of the law, the conclusion of the marriage contract by an incapacitated person, the pretense or sham of the contract, the conclusion of the contract under the influence of significant delusion, deception , violence, threats of violence, as a result of a combination of difficult circumstances, and so on. This also includes the case when the conditions of the marriage contract put one of the parties to it in a very disadvantageous position.

From all of the above, it follows that the legal side of the issue regulates mainly postnuptial relations and forms of property relations between spouses, but this does not mean that the marriage contract does not affect the moral aspect of the relationship between spouses. In fact, it is quite a powerful and flexible tool that often protects a marriage from unnecessary shocks. Imagine that you or your other half will be absolutely sure that in case of a divorce caused by adultery, he (she) is deprived of the rights to all property, and besides (for example, this is written in the marriage contract) will have to pay compensation for moral damage ? In my opinion, a person will think thirty times before deciding on such a rash act. Or, for example, would you apply for a divorce if, according to the terms of the marriage contract, the initiator of the divorce receives only one third of the common property and only the divorce by mutual consent divides the property into two equal shares? (If there are children, most of the property usually goes to the spouse with whom the children remain.)

Are you sure that the future wife will not develop the habit of standing with a rolling pin at the door on payday and taking away all the money, giving out fifty dollars every day and smiling sweetly: "Darling, do not deny yourself anything!" But in the prenuptial agreement, you can specify how much of your income will have to go to the family budget, and how much will remain in your personal property.

And do not be afraid that such "prose" can break the charm of the first, romantic period of your relationship. On the contrary, having dotted all "I" s in advance, you will strengthen your marriage and create certain guarantees of its stability and longevity.

To conclude a marriage agreement, you must:

First, to obtain the consent of the future spouse, in order to subsequently avoid embarrassment. Secondly, in advance, with the help of a lawyer (it is better if you come to an appointment with a lawyer together), draw up a list of the main and secondary agreements and the text of the contract itself. Do not forget to define in it the type of property at the time of marriage, as well as in the event of its termination. Feel free and don't be afraid to think about it. Do not forget that passionate love has a bad tendency to end, and respect, habits and the like come in its place. What if it happens that you yourself, for some reason, want to leave your other half?

Do not specify specific amounts of content in the contract. They may not be up to you or your spouse. Better to indicate the share or percentage of income.

There is no need to determine the obligatory number of children in the contract. You may find it difficult to complete this step, for example, for health reasons. It is better to determine the property that passes into the mother's ownership in connection with the birth of the first, second or third child, that is, a conditioned event.

Determine housing rights (especially if you have something to share).

If you or your future spouse is a citizen of another country, find out if this agreement will be valid in its territory and if any clauses of the agreement will be contrary to the laws established there.

Interviewed by Daria VEYRO

As a document that sets out an agreement between spouses or those entering into family relations, which determines their property obligations and rights - in marriage and in case of divorce. Its subject is exclusively the property aspects of living together. In this article, we will look at how to conclude a prenuptial agreement during marriage.

Prenuptial agreement during marriage

According to the law, a marriage contract can be drawn up at any time. But for married couples who are married without official registration, it makes no sense to conclude an agreement: it begins to act from the time of registration of the marriage union. At the request of the husband and wife, the contract may include requirements, upon fulfillment of which the contract comes into force, for example, the birth of a child.

Important! The marriage contract during marriage is supposed to be drawn up in writing, and it must also be notarized.

The amount of payment for the services of a notary officer varies depending on the complexity of the agreement, which is established in paragraphs. 10 clause 1 of article 333 of the Tax Code of the Russian Federation, and necessarily includes a fee of 500 rubles.


All the issues that govern the disposal of immovable and movable property are prescribed in the marriage contract. The rest of the items that do not relate to disputes over property cannot be included in the marriage agreement. The following conditions cannot be specified in a marriage contract:

  • regulation of personal relations between spouses;
  • requirements for the rights of a wife and husband to joint children;
  • conditions that limit one of the spouses' rights, for example, a ban on going to the court, a ban on making a will, etc.

How to conclude a prenuptial agreement during marriage: stages

In order to draw up this document after the conclusion of the marriage union, you will need:

  1. Decide on the terms that will be spelled out in the agreement. The marriage contract contains clauses on the division of joint property after divorce, maintenance of each other, as well as the distribution of family income and expenses.
  2. Make a marriage agreement. You can do this yourself, just using the sample, but it is better to contact a law firm, as lawyers will take into account all the nuances and features of your document.
  3. Prepare a package of necessary papers. To draw up a marriage agreement, you need to submit:
    1. identity cards from wife and husband;
    2. ownership of immovable and movable property;
    3. marriage certificate.
  4. Go to a notary. Those wishing to conclude a marriage contract have the right to contact any notary, it is not necessary to visit a notary office, which is located geographically in the area where they live.

Important! The contract must be drawn up in writing on notary forms in 3 copies, two of which are received by each of the spouses, and the third remains in the notary's office.

Sample marriage contract

When is a marriage contract invalid?

A marriage contract, even if it is a void transaction in fact, is officially invalidated only in court.

In order for this agreement or some of its clauses to be invalidated, at least one of the conditions must be met:

  • certain parts of the contract are contrary to the law;
  • the agreement is bogus;
  • one of the spouses has been declared legally incompetent;
  • the drafting of the marriage contract during the marriage took place by misleading one of the parties;
  • the contract was concluded with a disadvantage for one of the spouses, by deception, threats or violence;
  • at the time of signing the marriage agreement, one of the parties was not aware of their actions;
  • the agreement was drawn up in an incorrect form and does not correspond to the established form.

Important! According to paragraph 1 of Art. 44 of the Investigative Committee of the Russian Federation, the marriage contract is declared invalid immediately after the issuance of the appropriate court order.

Conclusion

  1. It is possible to conclude a marriage contract both before the conclusion of family relations, and already being in a marriage union.
  2. The marriage contract takes effect only after the marriage is registered at the registry office.
  3. The document must be notarized; it is not required to register it in any registers.
  4. A marriage contract, which includes clauses that violate domestic law, can be declared invalid in court.

ATTENTION! Due to the latest changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.