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What areas of life and relationships are governed by the marriage contract

What is a marriage contract (contract)

According to Article 40 of the RF IC of the Russian Federation, the agreement is recognized as an agreement to marry, or the agreement of spouses, defining their property rights and obligations in marriage and (or) in case of its termination. In this, actually, the essence of the contract.

The marriage contract can be concluded from the moment of submission of an application for marriage registration before its termination in the registry offices or the court decision on the termination of marriage. At the same time, a contract concluded before state registration of marriage comes into force from the moment of such registration.

Every year in Russia there is an increasing number of marriage contracts. Currently, their number reached 50 thousand per year. And although now such contracts conclude not only very wealthy citizens, but also representatives of the middle class, while the sides of the contract most often become spouses already in the process of marriage. The conclusion of the marriage contract allows us to avoid long judicial litigation and considerable expenses for qualified lawyers.

The procedure for concluding a marriage contract

It must be borne in mind that the marriage contract is in writing and is necessarily subject to a notarial certificate. Only in this case, it has legal force.

What conditions can be included in the marriage contract

Since the conclusion of the marriage contract is aimed at changing the legitimate ownership of spouses, first of all, it is necessary to determine which modes can be used instead. In accordance with paragraph 1 of Article 42 of the RF IC of the Russian Federation, the following spouse ownership regimes may be established.

· Mode of joint ownership: The property is in possession, use and disposal of spouses without determining the share. The disposal of such property is carried out by the consent of both spouses, regardless of which it is issued and, accordingly, who makes one or another transaction in relation to this property. Since this mode applies to the default property, in a marriage contract, it is possible to envisage, for example, that this mode is distributed only to part of the property. Another way to use this regime in a marriage contract is to disseminate its property, which by law is the personal property of each spouse. This applies to, in particular, the tropic property. As a general rule, the latter belongs to the spouse to which it belonged to marriage. In the case of a joint ownership of the property, the shares of each of the spouses will be highlighted. Note that due to the norms of the SC of the Russian Federation, the share is assumed to be equal, unless otherwise established by the contract between spouses.

· Mode of equity property: When for each spouse, a specific share of property ownership is defined. Ownership and use of such property is carried out by agreement of both spouses. However, each spouse has the right to sell, to give, to give, to give, to give a deposit, or dispose of it in one way otherwise, with respect for the rule of the preferential right of buying a share of the second spouse when selling third parties. This mode allows you to take into account the contribution of each spouse to the purchase of specific property. Depending on such a contribution, the shares in the right of ownership of property can be identified. It is very important to register in the marriage contract, to which property of spouses is the regime of equity property and which criterion is used to determine the share of each of the spouses. With this mode, it is not necessary to separate the shares in the case of the selection of the spouses.

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

The above-mentioned modes of the marriage contract can be applied both in relation to already existing property and in relation to property, which will be promoted in the future.

We also note that in the marriage contract it is possible to use one of the modes or their combination.

Property that is not provided for by the contract will be considered jointly owned by spouses.

In addition to determining the property regime on the existing or future property, as well as the composition of the property transmitted to each of the spouses in the event of a marriage termination, the following provisions can be included in the marriage contract:

· Rights and responsibilities for mutual content. The size of the content of the spouses is determined at their discretion.

· On ways to participate in each other's income. At the same time, under revenues are wages, dividends from securities, revenues from leasing property and other revenues associated with the participation of property in civil circulation, income in kind, for example, harvest, as well as any other income obtained by legal means. Under the terms of the marriage contract, the incomes of one of the spouses can be distributed in a certain way, for example, 30% are the personal property of the spouse that they are obtained, and the remaining 70% are transferred to the second spouse for the target spending on the needs of the family.

· On the procedure for carrying each of the family spending spouses. Speech can go about any family expenses: payment of utility payments and taxes on property, purchase of food, pay for treatment, learning, etc.

· Other provisions relating to the property relations of the spouses. For example, the conditions for using the spouse residential premises belonging to the right of ownership of the second spouse.

What conditions cannot be included in the marriage contract

According to paragraph 3 of Article 42 of the SC of the Russian Federation, a marriage contract cannot limit the legal capacity or legal capacity of the spouses, their right to appeal to the court for the protection of their rights; regulate personal non-property relationships between spouses, rights and obligations of spouses against children; provide for provisions that limit the right of a disabled needy spouse to obtain a content; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family legislation.

Given the popular questions regarding the conditions of the marriage contract, it should be explained that on the basis of the foregoing, it is impossible to include in the contract items on marital loyalty and domestic responsibilities, for example, that the husband undertakes to endure garbage, and the wife is ready to prepare breakfast, lunch and dinner daily. It is also impossible to establish a reward for the birth of a child. However, by virtue of paragraph 2 of Article 4 of the IC of the Russian Federation, the rights and obligations provided for by the marital contract may be limited to certain terms or to be addicted to the offensive or from the unaccompanies of certain conditions. Thus, it can be prescribed, for example, that in the case of the child's birth, the regime of separate ownership of spouses changes to joint ownership mode.

In the marriage contract it is impossible to resolve the issue of residence of children in the event of a divorce of parents. Rights and obligations of parents with respect to children can be spelled out only in the Children's Agreement.

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

Is it possible to change or terminate the marriage contract

At any time, until the marriage is terminated, the spouses have the right to conclude an agreement on changing or terminate the contract.

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

The action of the marriage contract automatically stops from the moment of termination of the marriage, with the exception of the provisions provided for in case 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 civilian spouses. Note that the legislation does not have such a concept as a "civil marriage". In accordance with paragraph 1 of Art. 10 of the RF ICC Marriage is the registry office. According to paragraph 2 of this article, the rights and obligations of spouses arise from the day of state registration of marriage in the registry office. Thus, according to Russian legislation, only an official marriage is recognized. Since the marriage contract is concluded between spouses or persons submitted a marriage registration application, which is directly indicated in Art. 40 of the RF IC, the conclusion of such a contract between civilian spouses is impossible. To change its property relations, such spouses may conclude any other civil contract: sales, exchanges, donations, etc.

· Marriage contract and property section agreement

The RF CK provides for another way to change the property relations of the spouses - an agreement on the division of property. What is the difference? First, the section agreement can only be concluded between the spouses, while the marriage contract can be concluded before the official registration of marriage. Secondly, the subject of the section on the section is exclusively already acquired by the spouses, and the subject of a marriage contract is also the property purchased in the future. Thirdly, the section on the section cannot include clauses on property responsibilities of the parties.

· Invalidity of the marriage contract

The marriage contract can be recognized by the court internally or in part on the grounds provided for by the Civil Code of the Russian Federation to invalid transactions.

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

The marriage contract regulates the property and financial relations of the family, and is rather not common for modern Russia. Nevertheless, the interest of the population, especially young couples to him, is undoubtedly growing. This is partly due to the fact that as such a family institution is no longer so indestructible as far from Soviet times. Future spouses try to morally prepare themselves for the fact that at any moment their second half can leave and grab not only the years of life together with them, but also most of the property, which will entail financial problems.

When marriage, as well as spouses who are already located a certain time In the family union, the family agreement can be concluded at any time - a marriage contract. He regulates the property issues of the family, between husband and wife, and moral and interpersonal relationships, the issues of education of children in this contract are not regulated. So, consider the pros and cons of the marriage contract.

Positive and negative sides of a marriage contract

Of course, if every married couple, entering into a legitimate marriage, knew that it was forever, it would not be necessary to enter into a marriage contract. But, on the other hand, the marriage contract regulates property relations in the family not only after a divorce, but also during a joint residence, and therefore can be needed directly and during marriage.

There are also ancient supporters of a marital agreement, because, the distribution of property rights and obligations, fixed on paper and certified notarized many disciplines.
According to the norms of family legislation, the property that husband and wife acquired during a joint family life, is considered their common property. During the marriage, they should use it together if there is no other agreement between them.

What regulates the marriage contract, and why it is needed

If there is no concluded agreement between her husband and wife, which regulates their mutual financial situation, such property of spouses is considered to be common joint.

  • income from labor and professional activity;
  • profit from business activities;
  • rights to the results of intellectual activity;
  • all types of social benefits (pensions, cash benefits);
  • cash coming in the form of non-target payments;
  • all types of movable and real estate, provided they are acquired for joint money;
  • securities and corporate rights.

If one of the spouses does not allow an order to order with common joint property, the second has the right to argue against the transactions concluded by them and recognize them invalid. This may cause problems for each part that will not be able to manage their blood earned by means and things of the material world, bought by these funds at its discretion.

In the case of the conclusion of a marriage agreement, spouses can establish a joint ownership regime, equity, or share ownership of each of the spouses. Section may be subject to property as an existing and the one, which will appear in the future. That is, with the help of the marriage contract, the spouses can distribute the property to each other in advance, so to speak, just in case.

Do not forget that a married deal, which is concluded between two loving people, is able to preserve the property in the family. We will remind, if the property regime established by the agreement determines that the personal property of the wife or husband, for example, the apartment, is his personal property, then the creditors of the second party, have no right to withdraw on the basis of the fact that this is a common joint.

Opinion against marriage contract

There is a fully informed contemporary opinion that the marriage agreement completely levels confidence and close mental relations between the married couple. Although the contract itself does not affect interpersonal relationships, but, nevertheless, affects the psychological climate in the family. So consider many Russians. Those whose interests were not taken into account when signing it against the marriage contract. In this case, the subsequent challenge is possible.

"... may be at the very beginning of family life, a marriage contract and looks like mistrust between people, but later, eliminates many problems .." - they consider some average residents of the country. But let's not forget that in itself the existence of a contract has not yet saved anyone from the court proceedings.
Moreover, if the marriage contract regulates only property relations in the family, then problems may arise both when it is presence and in its absence, especially if the collaborative property of the spouse or spouse will be divided by divorce through court.

But on the other hand, nothing "checks" the feelings and true motives of the human heart as a proposal to sign a marriage contract. If a person loves, he will still be, to sign a marriage contract, or not. But the one who persecutes the mercenary motives, and strives to prove on someone's well-being, will definitely begin to manipulate the concepts of "love and money are incompatible", and will oppose the marriage contract. At the very least, psychologists adhere to this opinion.

Not worth replacing the concepts of benefits with the concept of forced circumstances. By itself, the marriage contract cannot be against family values, an even account, as well as its absence. When the husband and wife intend to live all their lives together, and protect the property and financial interests of their future children from unscrupulous people, competitors for business, dishonest lenders, the agreement can be extremely appropriate for which it is worth signing a profitable document. If a person is dishonest in its essence, he will find a way to deceive his second half and without a concluded agreement on paper.

The unconditional negative side is the inconsistency of the contract with modern realities. The provisions of the norms of family legislation are not so broadly describing its capabilities and features of legal regulation, so all hope is only for judicial practice.

Problems of application of the marriage contract and its execution

The very presence of a written agreement between spouses cannot obligate the side of this agreement to act in the legal field. If the contract is not executed by the party, or by the parties, then several ways to solve this problem are possible.

First, the transaction can be terminated by spouses at any time, by mutual agreement. One-sided refusal of the transaction is prohibited by law.

Secondly, if the side of the agreement does not suit something, it is always possible to make changes to the text of the agreement, by drawing up an additional document, which is also subject to notarial assurance, as well as the contract itself.
If the side of the marriage relationship does not fulfill or improperly executes the terms of the contract, you can always apply to the court for rejoicing to fulfill its obligations under the transaction concluded. It is also possible its termination in court or its partial change.

The negative aspects of the transaction between spouses are usually populated in connection with numerical spaces and collisions in the current legislation. On the one hand, the contract does not regulate the property interests of children and other family members, which can negatively affect their future in the event of a divorce. On the other hand, it may foresee the point on the payment of monetary compensation in a certain amount for the part of the relationship with which children remain. Do not forget that a marital agreement that violates the rights and interests of any Party of this Agreement may be recognized by the court internally or partially.

Another problem of applying the norms of the marriage agreement is a dispute about his relevance. Neither scientists nor the judges still have come to a single opinion about whether the contract between the married couple is compensated. After all, if the legal relations concern family issues, the tax legislation does not apply to such relations. But how to be if the terms of the contract provides for the transfer of one or another property to the ownership of another spouse. In this case, he will be the acquirer of property, and according to the law, must pay taxes on the acquisition. Probably, it is worth highlighting the features of paid or gratuitous acquisition of property. There will be such a controversial picture that in the case of the transition of property from one spouse to another in return for monetary or other financial compensation, such a transaction is compensated and should be governed by the norms of civil and tax legislation. If the property has passed to her husband / wife is unshenticated, then, accordingly, the second side of the benefit did not receive this, and therefore we can say that this transaction is free. Although, there is no common opinion of the legislator in this matter. This gives the right to argue about the peculiar collision in the norms of the law.

Summarizing

It can be concluded that there are no certain advantages and openly obvious drawbacks of the agreement between the married couple. For any person who thinks rationally, it will be a question of convenience and opportunity to terminate the concluded agreement at any time. In addition, the realities of today's days are constantly changing, because everyone wants to leave something permanent and unshakable - family relationships. Some, supporters of the contract, believe that it is just helps to maintain transparency and openness in a relationship that they say, do not wait for the "knife in the back." Others, supporters of romance, believe that dry numbers, calculations and documents will be exacerbated by family idyll in relations. The lawyers, for the most part, agree that the marriage agreement can be a useful tool for protecting property and interests of two personalities in family legal relations with each other, which cannot be said about legal property.

The Family Code of the Russian Federation, which entered into force on March 1, 1996, reflected a legal institution in its content for domestic legislation - the Institute of Marriage Agreement. In connection with these spouses, as well as persons only intending to enter into marriage, it is possible to change the legal regime of their property through the conclusion of a marriage contract, adapting such a legal regime to its own needs, and, in addition, to determine for themselves other property rights and obligations for themselves. which the law admits to reflect in the content of marriage contracts.

According to Article 31 of the Family Code of the Russian Federation, family life questions are solved by spouses together on the principle of spouses equality.

The relations arising between spouses about joint property, family legislation established two possible legal regimes of spouses - legitimate and treaty.

According to Art. The 40 IC of the RF RF Agreement recognizes the agreement of those who are married, or the agreement of spouses, which defines the property rights and obligations of spouses in marriage and (or) in case of its termination.

This contract is free.

The marriage contract is an agreement;

- subjects are faces entering into marriage, or spouses;

- Term of the contract - during the marriage and (or) after its termination.

He regulates two types of relationships,

1) the rights and obligations of spouses about the property

2) rights and obligations on the mutual content of each other.

In accordance with Art. 41 SC of the Russian Federation, a marriage contract can be enclosed both before the state registration of marriage's conclusion, and at any time during the marriage.

The marriage contract must be enclosed in writing and notarized.

The marriage contract concluded before the state registration of marriage's conclusion, comes into force on the day of state registration of marriage.

Failure to comply with the law provided by law leads to invalidation of this contract. .

In accordance with the provisions of Art. 42 SC RF RF Agreement Spouse has the right to change the joint property regime established by law, establish the regime of joint, equity or separate ownership of all the property of spouses, on its separate species or the property of each spouse.

The marriage contract can be enclosed both in relation to the existing and the future of the spouses.

At the same time, the contract should be reflected in accordance with its conclusion, the parties are guided not only by the norms of the Civil Code of the Russian Federation, but also by special norms established by family legislation, in particular the aforementioned Art. 42 SC RF.

Spouses have the right to determine their rights and obligations on mutual content in the marriage agreement, ways to participate in each other's income, the order of carrying each of them of family spending; Determine the property that will be transferred to each of the spouses in the event of a marriage termination, as well as include any other provisions in the marriage contract regarding the property relations of the spouses.

The rights and obligations provided for by the marital contract may be limited to certain periods or are addicted to the onset or on the no onset of certain conditions.

The marriage contract cannot limit the legal capacity or the capacity of spouses, their right to appeal to the court for the protection of their rights; regulate personal non-property relationships between spouses, rights and obligations of spouses against children; provide for provisions that limit the right of a disabled needy spouse to obtain a content; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family legislation.

The marriage contract cannot regulate the personal non-property relations of spouses, their rights and duties as parents.

Agreement where there are similar conditions, the court can recognize invalid in full or partially.

According to Art. 43 of the RF IC Marriage Agreement may be changed or terminated at any time by agreement of spouses.

Agreement on the change or termination of the marriage contract is performed in the same form as the marriage contract itself.

One-sided refusal to execute a marriage contract is not allowed.

However, at the request of one of the spouses, a marriage contract may be changed or terminated by the court decision on the grounds and in the manner established by the Civil Code of the Russian Federation to change and terminate the contract.

In accordance with Part 3 of Art. 43 of the RF IC RF, the action of a marriage contract ceases from the time of the cessation of marriage, with the exception of the obligations that are provided for by the marital contract for the period after the cessation of marriage.

For example, with spouses during the period of marriage, a marriage agreement was concluded, in which they indicated that the funds that were their common property and submitted to the bank in the name of her husband, after the expiration date of the bank deposit agreement become the property of his wife. Thus, if their marriage was terminated, respectively, the marriage treaty raised, and the bank deposit agreement continues to operate.

The marriage contract may be recognized by the court internally or partly on the grounds provided for by the Civil Code of the Russian Federation to invalid transactions.

In addition, the Court may also recognize the marriage contract by invalid or partially at the request of one of the spouses if the terms of the contract put this spouse in an extremely unfavorable position.

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What can not be included in the marriage contract?

When a marriage contract is, it is necessary to remember that there is a list of conditions that under no circumstances should be included there.

1) A marriage contract cannot limit the legal capacity and capacity of spouses (future spouses).

This means that the marriage contract cannot contain provisions that limit the right of one of the parties to work, the choice of profession, education, freedom of movement, etc.

For example, a husband is not entitled to oblige his wife to leave work and engage in keeping household for providing her content. Each of the spouses is free in the choice of classes, professions, sites and residence (Article 31 of the Family Code of the Russian Federation).

2) The marriage contract can only be concluded about the property relations of the spouses.

Personal property relations can not be the subject of a marriage contract. This means that the marriage contract cannot be obliged to loving each other's spouses, keep married faithfulness, not to abuse alcoholic beverages, do not guide idle lifestyle, etc.

For example, in a marriage contract, it is possible to provide the right of one of the spouses to compensate for moral damage in the event of unworthy behavior of another spouse (marital treason, beatings, etc.) or put the duty of a husband to give a mink martose wife dependent on the birth of a child. Thus, despite the fact that the marriage contract is regulated only by property legal relations of spouses, their occurrence or termination can be posed dependent on the conditions of the non-property nature.

3) the marriage contract of spouses cannot regulate their rights and obligations against children.

This means that in the marriage contract it is impossible to establish that in the event of a divorce, the child will remain with the father or mother, or establish the procedure for communicating parents with children in case of divorce.

The limitation of the law is fair, since it is unacceptable to equate to things. At the same time, the Family Code provides for the possibility of entering into parents of special agreements on the establishment of the place of residence of children when serving parents and on the procedure for the implementation of parental rights by the parent residing separately from the child.

In the absence of such agreements, these questions in the event of a dispute are solved by the court, based on the interests of the child, with the participation of guardianship and guardianship bodies.

Parents have the right to also conclude a separate agreement on the payment of alimony on the maintenance of minor children. However, it should be borne in mind that all these agreements are independent and are concluded regardless of the presence or absence of a marriage contract. In the marriage contract, the duties of spouses on the mercy of the expenditures on the education and training of children can be enshrined.

4) The marriage contract cannot limit the right of a disabled needy spouse to receive content.

Since, in accordance with the law, the spouses are obliged to maintain each other and in case of refusal from such support and the absence between the spouses on the payment of alimony, a disabled needy spouse has the right to demand the provision of alimony from another spouse in court (Art. 89 of the Family Code). Refusal to this right is invalid.

evgeny-terehov.ru.

The marriage contract cannot regulate personal

The marriage contract can also regulate the personal non-property relations of spouses. This is due to the fact that only those rights and obligations may be included in the marriage agreement, which in the event of non-fulfillment can be carried out forcibly.

The marriage contract cannot also contain conditions aimed at restricting the right of a disabled needy spouse to receive alimony.

With regard to the marriage contract, another specific limitation is provided: the marriage contract should not put one of the spouses in an extremely unfavorable position. Otherwise, it is an arbitrary transaction and can be recognized as invalid by the suit of the spouse, whose rights were violated. The need for such a special basis is related to the fact that the marriage contract is closely related to the personal relations of the parties. As a result, abuse of the right, due to which one of their parties under the influence of pure personal moments: feelings of attachment, personal dependence, excessive trust of the other party - will sign an agreement, which will further lead to a significant violation of its rights. As agreements that make one of the parties in an extremely unfavorable position, agreements should be considered, in accordance with which one of the spouses completely refuses the rights to the property, has been paid in marriage, transfers its precompanious property to another spouse, and those similar to it agreements. This condition is not identical to the rule, providing for the possibility of recognizing an invalid civil-legal transaction concluded by a person under the influence of a propulsion of difficult circumstances on extremely unprofitable conditions, although it also in principle applies to the marital agreement. In this case, it is not necessary to prove the presence of severe circumstances, the very fact of the delivery of one of the spouses is in an extremely unfavorable position.

The marriage contract should also contradict the basic principles of family legislation. This provision of the law opens a significant scope for the judicial discretion. The main principles of family legislation that can be applied in this case in accordance with Article 2 ZOBS RK is "the state defense of the family, the equality of spouses in the family, ensuring the priority protection of the interests of disabled family members." When violating any of these started a marriage contract may be challenged by the spouse's concerned. Based on the violation of the Principle of Protection of the Family, the state can be considered invalid the conditions of the marriage contract, which encourage the termination of marriage, for example by creating the property interest of one of the spouses divorced. The principle of equality of spouses may be disturbed by the conditions that are placed in an extremely unfavorable position.

Changing or termination of a marriage contract is possible at any time by mutual consent of the spouses. Agreement on such a change or termination should be made in writing and certified notarized. One-sided refusal to execute a marriage contract is not allowed.

If the marriage contract is not terminated, it is valid until the cessation of marriage.

If the marriage contract provides for provisions regulating the relations of spouses under the property section, they also, as a rule, are valid after the cessation of marriage. The marital contract can also determine the procedure for using the property after the dissolution of the marriage. With the cessation of marriage, the contractual regime of property is terminated. All property acquired from this point belongs to the spouse who acquired it. This provision is explained by the fact that only spouses have the right to establish a contract regime for themselves, and since the divorce they are already there are no longer.

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What can not be included in the marriage contract

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The marriage contract is an agreement of persons who have entered or are going to marry, determining the property rights and obligations of spouses in marriage or in the event of a marriage.

For Russian society to date, the marriage contract is still exotic. Moreover, ordinary people have often far from the truth understanding about why a marriage contract is concluded and that they can be regulated.

General that you need to know about the content of the marriage contract that it can only regulate the property relations of spouses.

1. The marriage contract cannot contain the conditions limiting the legal capacity or the capacity of spouses, their right to appeal to the court for the protection of their rights;

2. The marriage contract cannot contain conditions aimed at regulating personal non-property relations between spouses, rights and obligations of spouses against children;

3. The marriage contract cannot provide for provisions limiting the right of a disabled needy spouse to obtain a content;

4. The marriage contract cannot contain any conditions that put one of the spouses in an extremely unfavorable situation or contradict the basic principles of family legislation.

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Rights of men

Down with discrimination of men!

Marriage contract in the Russian Federation

Why does the marriage treaty do not work in Russia?

Looking into the Family Code, we will see that there is a whole chapter dedicated to the marriage contract: "Chapter 8. Agreement of the Property of Spouses

If you explore Article 40-44 of the Family Code, it seems that our lawmakers have introduced the database (marriage contract) only nominally, for a check mark, in fact without having to do with real force. Introduced, but were afraid of the fact that men would be able to protect their interests with the help of the database? It turns out that way. Rather, they were afraid to deprive women the opportunity to legalize the robbery men and obliges to be responsible for their marriage. Judge for yourself.

First, the database can regulate only property issues, and indeed everything.

Secondly, art. 42 and 44 SK contain very widespread wording of the recognition conditions of the BC (or part of its items) invalid (insignificant): "The marriage contract cannot ... contain other conditions that put one of the spouses in an extremely unfavorable situation or contradict the basic principles of family legislation."

The concept of "extremely unfavorable position" is an estimated category and is not disclosed by law, which means that in judicial practice, a wide interpretation of this concept is allowed and, accordingly, the "judicial discretion" is allowed.

What is a "extremely unfavorable position"? For some, it is the lack of elementary tools for food, and for someone - deprivation of the second car and the villa. How to interpret this condition? Solve only the judge. Let me remind you: about 85% of judges - women, very often - divorced. What do you think of whose side will take the judge if the ex-spouse confirms "extreme adverseness" for her deprivation of residence on your living space (which, in an idea, is protected by the marriage contract) by the flow of tears and hysterics? The question is rhetorical.

Moreover, paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 5, 1998 N 15 "On the application by the courts of legislation, when considering cases of the termination of marriage" literally reads:

"If the military agreement established by law is changed by the law of joint ownership regime, then the court in resolving the dispute about the division of the spouses needs to be guided by the terms of such a contract. It should be borne in mind that by virtue of paragraph 3 of Article 42 of the SC of the Russian Federation, the conditions of a marriage agreement on the regime of joint property, which put one of the spouses in an extremely disadvantage (for example, one of the spouses is fully deprived of property ownership by spouses During the period of marriage), they can be recognized by the court invalid at the request of this spouse. "

"Sorry, and what is the meaning of a marriage contract then?" - Exclaim the reader. We add to this question of legislative power.

Thirdly, the points of the marriage contract cannot "contradict the basic principles of family legislation." What does it mean? And this means that all that the other articles of the Family Code in their status are higher than any marriage contract.

What questions do not solve the marriage treaty? Yes, in fact, no of vital for men!

You cannot specify in it who will remain a child in the event of a possible divorce, you cannot determine the procedure for its communication with the second parent and the cost of keeping the child. You can not register, say, the responsibility for marital treasures, a false paternity, the rejection of living with the spouse, a unilateral divorce initiative, and so on.

"The marriage contract cannot ... regulate personal non-property relations between spouses, rights and obligations of spouses against children" (Art. 42 SK)

So, we do a small conclusion for men: the presence in the marital code of the marriage contract does not change the explicitly pronounced anti-male nature of the Family Code and the law on reservation and does not give a man the opportunity to protect their official marriage interests.

The marriage contract is a fiction, a soap bubble, "Durilka Cardboard", a pity attempt to formally imitate the legislation of Western countries.

After long-term disputes with male move colleagues, we came to the next recommendation for men, still want to enter into an official marriage: "Be sure to conclude a marriage contract, but do not rely on it to fully". The marriage contract can be an additional means of insurance, but the main tools for protecting your interests is definitely not. Do not get in marriage property in your name, do not open bank accounts. Remember the insidious formulation "If the terms of the contract put this spouse in an extremely unfavorable situation" and the fact that the courts in our country often take the side of the woman.

The only truly effective way to protect his property from the Babysk Embiries is not to enter into an official marriage, the very dubious feasibility of which for a man is the topic of a separate big conversation. Although we note that the legislation of Ukraine equates civilian marriage to the official, such initiatives are already voiced by both of us well-known "defenders of women and families."

What will remain to make men? Probably buying expensive property exclusively in the name of its parents. The question of why, with such terrifying divorce statistics, the initiative of most of which belongs to women, men for elementary protection of their property interests are forced to resort to such tricks, we address the legislative power.

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In most countries, a marriage treaty is applied to resolve various conflicts and disputes during the divorce. Having concluded him, the spouses can specify in advance which of them is more responsible for the financial support of the family, distribute the property, which in the case of the divorce will be divided according to the conditions previously.

Basic information

In Russia, the concept of a marriage agreement was introduced in 1996 with the adoption of the Family Code of the Russian Federation. It is intended, first of all, to resolve property relations. Since the document is a transaction, it must be decorated in writing and is certified by a notary.

You can conclude a marriage agreement both before registration of marriage and after it. But it cannot be done after a divorce or applying for a marriage. If the contract is registered before marriage, it comes to register after marriage. If it is compiled during a marriage, comes into force immediately after notarial assurance.

The rules for the conclusion, termination and content of the marriage contract is regulated by Chapter 8 of the Family Code of the Russian Federation.


By entering into a marriage contract, you must notify your creditors about him. This action is performed in order to exclude the possibility of the scam. As practice shows, the marriage contract is sometimes used to rewrite all its property on the second of the spouses, in order to avoid paying a loan, taxes, etc.

The main provisions that regulate the marriage contract is:

  • How exactly the spouses are involved in the formation of income. That is, who and to what extent contributes to the formation of a family budget.
  • Rights and obligations of spouses regarding mutual financial support of each other. For example, a description of the conditions in which the full or partial content of one of the spouses is ensured.
  • Rules for rejection of property in the event of a marriage termination. Paragraphs are prescribed regarding the section of the priority of the property or acquired before marriage.
  • Forms of responsibility for expenses. For example, some of the spouses pay certain taxes.
  • A number of other issues related to the property of spouses.
All questions can be determined by terms or circumstances. It is possible to determine the validity period of a particular condition using both the dates and the implementation of the condition. For example, after the birth of a child, this or that property enters the joint use of spouses or after reaching the husband of 45 years old, the car passes into his property.

At the conclusion of the Treaty, it is important that the rights and obligations of each spouse in the field of property relations are not only spelled out, but also to be approximately equal. So, it is impossible to indicate that all the property acquired both before marriage and in it, in the case of a divorce, the husband remains, and the wife remains with anything.


It is important to indicate which property belongs to her husband, what kind of wife, which of them is becoming generally owned by observing one or another condition. For example, all things donated at the wedding belong to that of spouses, whose relatives or friends they were presented, purchased in marriage belong to the one they are decorated.

Non-property rights and marriage contract

In the marriage contract, non-property rights of the parties cannot be spelled out, including:
  • infringement of rights;
  • treason;
  • violence;
  • equality;
  • any material promotion;
  • inviolability of privacy;
  • settlement of relations with children.

Thus, in the contract it is impossible to indicate the responsibility of the spouses in the event of a betrayal, to determine in advance, with whom the child will be accommodated from the parents in the event of a divorce. Moreover, if such an item is specified in your contract, it can be invalid.

Main ownership regimes

When concluding a marriage contract, the ownership is indicated. Allocate:
  • Joint . All property equally belongs to spouses.
  • Dolly . For each spouse, its share is defined in the right of property.
  • Separated . The property belongs to that of spouses who acquired it on its income.
  • Mixed . Part of the property refers to the joint, and part to personal. Used most often.

Document structure

The contract has the following structure:
  • Title of the document and its number.
  • The city in which the paper is compiled and the date of compilation.
  • These citizens enter into an agreement:

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

  • The main part consists of four points:

    General areas where the provisions of the property, the consequences of a marriage termination;
    - features of the legal regime of certain types of property, which indicates the right to own bank deposits, stocks and securities, share in property, decorations and gifts acquired during the marriage property;
    - Additional condition. If necessary, the spouses negate the conditions of entry into force of a particular point. For example, in the case of a divorce, the apartment receives the spouses with whom the child remains, after the child's birth, the wife receives money to reach a child of a certain age;
    - Final provisions, contain information that spouses are familiar with the consequences of violation of the contract. Also indicates the date of entry into force of the document, information on the notary, which concluded the contract;

  • Signatures of the parties.
Here is a sample of a marriage contract for conclusion:


In compiling a contract, learn the legislation of the Russian Federation. The agreement should not contain the conditions contrary to it. The essence of the document is subject to accurate and clear. Blurry, unclear wording are excluded. Figures should be duplicated using letter designations, that is, verbally. Plugs the contract with personal signatures of spouses.

The process of concluding a contract and its value

To conclude a contract, it is necessary:
  • Contact a lawyer who is engaged in the preparation of securities of this type, or familiarize himself with the procedure for drawing up the document independently. If it is planned to turn to a lawyer for help in drawing up a document, it will have to pay for its services in accordance with the rates established by it.
  • Pay state duty in the amount of 500 rubles.
  • Contact notary with passports and written in writing to a notary. Please note the paper is compiled in three copies. Notary may require your fee for additional services. Pre-specify the cost before the conclusion of the contract.
  • If the marriage was concluded, a marriage certificate is provided. In some cases, if the marriage has not yet been concluded, the notaries require confirmation from the registry that they applied for registration. This requirement is unlawful.
  • In the presence of both sides, the contract is signed by each of the persons participating in the contract and is certified by the notary.
  • Notary gives a notarized contract to each of the spouses.
  • One instance will remain in the notary.

Why do you need a contract?

We offer several basic reasons that are the reason for drawing up the contract:
  • You define your rights and responsibilities in advance.
  • It is determined in advance which property goes to the ownership of his wife, which is left for her husband.
  • A properly compiled document helps to avoid litigation and proceedings associated with the section of the property.
  • The marriage contract is one of the main ways to protect your property and business.

Change and termination

Making changes is possible only in the case of mutual consent of the parties. In this case, the spouses go back to the notary. To make changes or terminate the contract, it is necessary:
  • Express your desire to the second spouse.
  • Wait for his consent to fulfill the actions proposed.
  • After that, go to the notary to assure either a new contract, or annul the old one.

Note that in the presence of creditors it is necessary to prevent them from making changes to the marriage contract.


The change or termination of the marriage contract is unilaterally possible only in court. To do this, it is pre-obtaining a refusal to make changes to the contract or its termination from the spouse. Then go to court with a lawsuit on termination.

Divorce document in court

Termination in court may be in the following cases:
  • Violation of obligations of one of the parties. For example, one of the spouses prohibits using a thing that belongs to joint property.
  • Changes in circumstances that served as the initial point for the conclusion of the contract. For example, one of the spouses pledged to contain a family completely, but due to the circumstances lost disability.
  • Terms of contract that regulate the process of canceling the document.
For termination it is necessary:

Video: Why do you need a marriage contract and how is it made?

To learn more about the conditions and features of the conclusion of the marriage contract, you can from this video. The lawyer will tell you how to make a document correctly, to pay attention to when it is design:



The conclusion of the marriage contract guarantees the protection of property rights of spouses both in marriage and in the case of its termination. Paper is compiled in writing and is notarized.

- Something new in modern Russian society. Unfortunately, not many understand why a marriage contract is needed. There is such an opinion: such a contract is not needed under a "marriage of love", as it speaks about the mercantility and the calculation of the second half, distrust. However, statistics approve the opposite, because the pairs enter into such an agreement partitioned much less often.

What is the marriage contract

Note that the Family Code setulates aligning types of relations between spouses:

  • personal non-property relations - about the intangible goods;
  • property legal relations - arising about the property regime, as well as the mutual content of spouses and other family members.

We have considered marriage contract refers to the second type of relationships and regulates only property relations Between spouses, which is very important. That is why in the agreement can not register the following conditions: the duty of the spouse to drink to drink, develop their horizons, demonstrate their feelings in public, walking the dog, etc.

The written document itself consists of a system of conditions that are prescribed in it.

What could be the conditions of the marriage contract?

  1. Changing or establishing a certain legal regime of ownership of spouses. Perhaps this item should be explained. This condition allows you to change the general rule, according to which the property acquired during a marriage is the joint property of spouses. This means that when divorced, all property is divided into half;
  2. Determining the rights and obligations of spouses by mutual content;
  3. Fastening ways to participate spouses in each other's income;
  4. Family spending;
  5. Fastening for each of the spouses of a certain property that will get to them in the event of a marriage termination. That is, the marriage contract concerns not only already true property, but also concerns the property that will be purchased in the future;
  6. Other provisions concerning property relations.

At the same time, it is worth noting that in the marriage contract, the conditions provided for in paragraph 3 of Article 42, paragraph 2 of Article 44 of the Family Code. These articles enshrine the impossibility of the existence of such conditions that limit the freedom of the spouse in one way or another.

Frequently asked Questions

1. Is it possible to enter into a marriage contract if we are not officially registered?

ANSWER: It is impossible, since such an agreement implies the marriage bonds, enshrined by the official ceremony or submitting an application to the registry office.

2. Is it possible in a marriage agreement to register the responsibility of compensation for moral damage by the spouse, in case of treason?

ANSWER: It is not prohibited directly, however, lawyers do not recommend doing it. This can be explained as follows: Treason is a volitional act of another person, and refers to personal non-property relations; The fact of treason is practically unclear in court and is doomed in advance; In addition, the understanding of treason has its own. Most likely, the notary does not make sure such an agreement.

3. What is better to conclude: a marriage contract or the agreement on the division of property?

ANSWER: We recommend entering into a marriage contract, which is associated with the basis for which the Court may recognize it invalid (not provided in the agreement on the division of property), namely, he should not put a spouse in an extremely unfavorable position. In other words, if on the marriage contract in the gusts of the senses you gave all their own property to the spouse, that is, the chance to return it, and if you have a division agreement, there is no such chance.