A prenuptial agreement is a ready-made example. Limitation of the range of issues that can be included in the prenuptial agreement. Marriage contract with the establishment of a separate property regime

12.06.2019

A marriage contract (contract) is based on an agreement between two parties who are married or are about to enter into it. The essence of the marriage contract is that the spouses wish to determine the fate of property rights and obligations that develop during cohabitation, as well as in case of divorce.

So if one of the spouses does not want to share in the future an apartment purchased at the expense of his personal savings, then by signing a marriage contract before registering the marriage, this property is not subject to division after its termination.

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

In this article:

The procedure for concluding a marriage agreement (contract)

In the article we will tell you under what conditions and why a marriage contract is concluded at all, we will indicate the criteria by which it is drawn up. We draw the reader's attention to the fundamental important points when executed and agreed between the parties.

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

If they conclude such an agreement, then it has a legal effect on the marriage relationship that has arisen. In the absence of a marriage contract, the family law applies to the relationship of the spouses.

According to which - property acquired in marriage is joint property and is divided in equal shares.

It is possible to conclude a marriage contract both before marriage, after its registration in the registry office, and in the process of family life. The only difference is that the beginning of the marriage contract will be calculated from the moment of its conclusion by the spouses.

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

Notarial certification gives the marriage contract more formality and publicity. A notary who has become known information on a marriage contract is not subject to distribution under the threat of liability.

The content of the marriage agreement (contract)

The essence of the marriage contract is as follows:

The parties establish their own regime, rather than the one established by law and, for example, assumes in the event of a divorce.
The agreement may establish a joint, shared or separate regime of ownership of property. For example, shared ownership applies to an apartment, and separate ownership to cars.
The agreement is drawn up in relation to the property already acquired by the spouses and therefore is concluded in marriage, or for real estate that will be acquired in the future.

As restrictions on the terms of concluding a marriage contract, it is not allowed to include clauses in the contract that limit or infringe on the constitutional rights of spouses.

For example, it is not allowed to restrict the exercise of the rights of a spouse to seek protection in court, freedom of speech, work, and not receive material support.

The validity of the contract between spouses may be limited to a fixed period, or until the dissolution of this marriage.

Parties to the marriage contract

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

Directly the spouses who have entered into marriage, about which there is an entry made by the registry office and a certificate issued.
Persons planning to get married in the near future and who can obtain the status of spouses.

It is not allowed to establish the terms of a marriage contract with the participation of other close relatives, for example, parents, children. It is also not allowed to conclude a marriage contract between former spouses if they do not plan to renew family relations.

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

Forms standard samples and forms of marriage contracts

The concept and purpose of a marriage contract

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

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

Spouses often find themselves initially in an unequal property position both before and during marriage: they have a different source of income, one of them may even be fully supported. The absence of an agreement in the event of a divorce proceeding, the second party legally (without investing a single ruble) may demand half of the jointly acquired property - Art. 256 of the Civil Code of the Russian Federation. The concluded contract acts as a kind of insurance.

Here are the conditions under which the agreement in question is usually concluded:

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

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

Subjects of the agreement

The parties to the agreement are capable citizens who have officially entered into family agreements. Therefore, this document can be concluded at any time after receiving a marriage certificate (clause 1, article 41 of the RF IC). At the same time, it does not matter if a year or more passes after the family was formed. Often people turn to this "legal instrument" after several years of marriage.

Is it possible to design it before the moment when people got married? Yes, it is possible, but with a caveat. The bride and groom can draw up the text of the agreement and notarize it, but the document can only become legally valid from the moment the marriage is officially concluded (paragraph 1 of article 41 of the RF IC). If this event does not occur, the agreement is invalidated.

How and where to arrange

First of all, both parties must have firm intentions to start a family or be husband and wife.

The law provides only for a written form of concluding an agreement with mandatory notarization (clause 2, article 41 of the RF IC). If this rule is violated, the document will have no legal effect.

Everything can be formalized at the nearest notary office at the place of residence of the spouses.

It will not matter whether a private or public notary will draw up a legal relationship. It is recommended that you familiarize yourself with the notary's tariffs in advance so as not to overpay.

In any bilateral agreement, the fundamental parameters are prescribed in accordance with which it will be executed and regulate legal relations after a divorce.

By means of a document, it is possible to change the legal status of jointly acquired property, to prescribe the obligations of the parties that may occur under certain circumstances.

You can designate a separate type of things that already belong to them, or presumably acquired in the future (clause 1, article 42 of the RF IC).

The document usually contains the following conditions:

Determine the legal regime of ownership: joint or shared. It is indicated what things remain for each of the parties during a divorce, in what volume. What exactly belongs in marriage to the husband or wife on the right of personal property, what will be shared and what will not.
Indicate the volume of shares owned by family members: in the event of a divorce, the car departs for the husband, and the cottage for the wife.
Guarantee the possibility of life maintenance if one of the spouses became disabled.
Divide the spending of the family budget.
Determine the procedure for repaying loans taken by the second party. It specifies the conditions under which the husband pays his wife's loan, issued by the woman before the wedding. There is an important circumstance that follows fate - can the lender, in case of non-compliance with the terms of the contract, take the mortgage apartment if the loan was repaid from the husband's personal money.
Form additional conditions and termination procedure.

For each of the conditions, it is possible to prescribe specific terms or circumstances that will come or may come (clause 2, article 42 of the RF IC).

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

How to conclude a marriage contract: instructions

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

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

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

Step one: write the text of the agreement

This is done in several ways. Everyone chooses for themselves more convenient and acceptable.

It is possible to implement this:

independently, if legal literacy allows;
contact a professional lawyer who will help you write a document or provide a sample of its preparation. When one of the newlyweds pays off the mortgage, the template can be obtained from a banking institution;
get information on the Internet;
draw up directly at the notary's office.

When contacting a lawyer or notary, such a service can cost money. Therefore, we recommend that you pay attention to the recommendations in our article.

Step two: come to the notary

The visit should be made together. You must have with you: a passport and a marriage certificate.

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

These include:

Extracts from USRN.
Cadastral and technical passports for an apartment, car, house, bank deposits.
Certificates and extracts from state bodies indicating the transaction.

The entire package of documentation must have certain expiration dates. Everything is framed without blots and errors, in accordance with the current regulatory framework.

Step three: conclude an agreement and pay the state duty

If citizens have provided the text of the document in the office, then the official, first of all, examines it for compliance with the law and makes adjustments that he agrees with the applicants.

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

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

If there are disputes or misunderstandings, they must be resolved on the spot, clarified or supplemented. If the husband and wife have no claims, they sign the document, and then the notary certifies it with his seal.

The cost of certification corresponds to 500 rubles (state duty). In addition, applicants must also pay for the technical work of the notary. Its amount ranges from 5 to 10 thousand rubles.

This action is supposed to draw up the text of the agreement, and check it against the current legislation, reconcile the provided certificates and extracts, check the legal capacity of the spouses.

Termination and modification of the terms of the contract

It is possible to make adjustments to an already existing agreement only with the consent of both parties (paragraph 1 of Article 43 of the RF IC). It is impossible to do this unilaterally.

The contract can be terminated in the following cases:

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

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

However, the wife can sue in order to terminate it or change it in case of violation of its conditions (clause 2, article 43 of the RF IC).

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

What to do if one of the parties pays the mortgage

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

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

In this case, the text will need to indicate:

borrower and co-borrower;
who owns the property, in what shares, whether the other party is entitled to compensation;
who paid the down payment, who repaid the current payments on the body of the loan, interest during the period of marriage and what will happen after the divorce;
from whose income the mortgage will be repaid;
liability in case of non-compliance with the mortgage agreement.

Most banks are interested in drawing up a prenuptial agreement for a mortgage. Authorized employees of the financial institution will give clients a sample and provide advice from a bank lawyer.

If the contract was drawn up before the loan was issued, then an additional agreement to it can be drawn up with a notary public, where all the conditions for its repayment are indicated.

Conclusion

The contract in question is an effective tool for resolving property disputes in the event of a divorce of spouses.

However, there are points that are prohibited by law from being reflected in the contract:

Indicate where the children will live after the divorce.
Indicate that property passes to third parties after a divorce.
Highlight the personal and intimate relationships and commitments of spouses.
Forbid to marry or get married.
Compensate in case of betrayal of one of the parties.

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

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

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

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

Prenuptial agreement after marriage

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

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

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

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

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

How to draw up a marriage contract after marriage

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

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

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

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

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

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

Sample marriage contract for married couples

An example scheme for compiling a document is as follows:

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

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

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

Form of marriage contract after marriage

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

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

The following documents are required to complete the procedure:

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

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

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

The nuances of drawing up a marriage contract

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

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

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

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

Conditions for the validity of a marriage contract

The main conditions for the validity of the marriage contract:

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

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

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

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

Arbitrage practice

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

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

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

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

How to draw up a prenuptial agreement: 7 reasons to do it + 7 important rules for drafting a document + 20 mandatory clauses that an agreement should contain + 7 prohibitions.

Marriage contract is a document that is not very popular in Russia, Ukraine and other post-Soviet countries.

There are various reasons for this, for example, the lack of wealth that can be shared after a divorce, or the impracticality of the newlyweds, they say, “what other contracts are there when we have love forever.”

But in the West, wealthy young people know perfectly well how to draw up a marriage contract and see nothing shameful in saving themselves from a long judicial division of property if the relationship does not work out.

And there is nothing shameful or wrong in this. Even in love, you need to keep a sober head so as not to regret later about what you did or didn’t do.

Prenuptial agreement: what is it, who needs to draw it up and why?

People who are not connected with jurisprudence heard about marriage contracts relatively recently, and then - thanks to the arrival of Hollywood films on our screens.

They learned something, but few spouses decide to draw up such a contract in order to protect their property.

1. What is a prenuptial agreement?

It is believed that the marriage contract (of course, not in a modern, but more simplified form) was invented by the ancient Romans.

In ancient Rome, the marriage of two people was treated as a legal transaction.

It was believed that love and all sorts of different sentiments were one thing, and the official paper that fastened relations, with a list of rights, obligations, property claims and other things, was completely different.

Then Christianity came to Ancient Rome and the priests began to tell that marriage is primarily a spiritual sacrament and there is no place for all kinds of business transactions in it.

Similarities of marriage contracts existed in many cultures, for example, the Jewish one called ketubah, the Muslim one called mahr, etc.

In modern Russian legislation, the concept of "marriage contract" is also not new. It is regulated by the Family Code of the Russian Federation.

The drafting of the contract should be taken seriously and remember that this is not just a piece of paper, but a legal document.

A marriage contract has its own characteristics:

it can be drawn up only with the consent of both parties, since it is impossible to force a husband / wife to sign a paper;
it is better to entrust the writing of the text to a lawyer in order to avoid inaccurate wording and errors that will lead to a contestation of the document in the future;
without registration by a notary, your contract will not have legal force;
in the text itself, it is not necessary to write only about, you can make a clause about the rights and obligations of a husband / wife or the conditions under which a divorce will occur;
such a document is drawn up only in writing (all oral agreements have no legal force);
it can be drawn up both before marriage and after;
the text itself can be changed in the future and even the contract itself can be terminated, but only with the consent of both parties.

2. “Create a prenuptial agreement? Yes, never in my life! I am for love!

Once, in some contact “snotty” (in the sense of pink-sweet, causing tears and snot of delight with its content), one of the subscribers created a post stating that all kinds of marriage contracts are godless and all the couples that conclude them are fake and build their relationship is not based on love, but on money.

It is clear that this nonsense has collected a bunch of likes and comments in the style of "yes, you're right", "I also think so", "this Western heresy will not take root with us."

I laughed at all this and went on to collect material (I was just writing about women who survived a divorce), I didn’t get involved in the discussion, although I could tell a few sad stories about how “eternal” love passes, but property problems remain.

For example, my neighbor Nina is the owner of a thriving beauty salon. A girl from a rich and prosperous family married a poor boy with an alcoholic parent, out of great love, of course.

Nina's father gave her money for a beauty salon. For 5 years, she turned her small salon into a successful, thriving business. But the relationship with her husband did not work out.

The boy, over the years of his life with Nina, got used to a prosperous life, but was not used to working. And so he decided to chop off half of the business, they say, this is jointly acquired property.

No one thought of drawing up a marriage contract at the time, the father also transferred money without any legal support (“who thought that the children would decide to get divorced”).

In short, if not for an intelligent lawyer, who knows how it would have turned out. And so, thanks to a great specialist, we managed to repulse the attack of a bad greedy man.

By the way, Nina later married this lawyer. And he himself insisted on fixing the marriage obligations with a contract.

3. Why do you need to think about how to draw up a prenuptial agreement?

Did Nina's story convince you?

Well, in vain!

There are many cases when swindlers of both sexes took advantage of the weakness, stupidity, naivety of their soul mates and, after a divorce, took away a large piece of property to which they had nothing to do.

There are a number of reasons to:

You will know exactly what rights and obligations, in the opinion of your spouse, you should have and will be able to establish your own rules of the game.
Avoid litigation over the division of property, since it will be known in advance to whom and how much will go after the divorce.
When breaking up, you will save a lot of time, money and nerve cells, since the legal document will become the basis of your divorce.
Marriage swindlers will not come close to you, because they will not have something to profit from you.
You will save the property acquired in marriage solely thanks to you from illegal encroachments.
Nothing protects the property rights of each spouse better than this contract.
A civilized divorce will come to our country only when couples who own property will understand that drawing up such a document means showing wisdom, and not being called a callous greedy man.

All about how to draw up a marriage contract ...

In fact, you, if you are not a notary, do not need to know exactly how to draw up a prenuptial agreement.

Let a specialist take care of the text itself, competent legal terminology, notarial form and other nuances.

It is advisable for you to study which items can be included in the contract and which cannot, and what are the features of compiling this document in order to control the process itself.

1) Basic requirements for how to draw up a marriage contract.

For a professional notary to draw up a contract for a married couple is easy, because that is his job.

It is difficult for non-professionals to understand all the nuances of the procedure. Yes, this is not necessary!

The main thing is to know a few rules that are followed in order to draw up a competent prenuptial agreement:

When drawing up a contract, the notary must tell you what kind of document it is, what are the consequences of signing it, what each of the parties will receive after a divorce, etc. You don't have to sign something you don't know anything about.
The document should be drawn up in triplicate. One remains with the notary and one is received by the spouses.
It is necessary to avoid the appearance in the text of inaccurate wording that can lead to misinterpretation, twisting of facts and, as a result, to contesting the contract.
Nothing can be abbreviated in the text: neither the names of the parties, nor the names of organizations, nor addresses, nor car brands - everything should be named in full.
Any figures (especially for terms and amounts) should also be written in words.
Without the signatures of both spouses, the document cannot be considered valid. A trustee can sign for you, but you will have to indicate the reason for your absence and persuade the notary to sign your signature on the contract of your trustee.
The paper acquires legal force immediately after you sign it, and the notary will certify all this. But the contract begins either from the moment the couple enters into marriage (if you are just going to get married), or immediately, if the contract was drawn up after being signed in the registry office.

A completed sample marriage contract looks something like this:

2) What can and cannot be included in a prenuptial agreement?

Being a legal document, the text of the marital agreement cannot be a gag with rough wording.

Information about what can and cannot be written in a marriage contract can be found in the Family Code of the Russian Federation.

If you decide to draw up a standard document, then the following items should be included in it:

1.	Name of the agreement: "Marriage Agreement"
2.	Place where such an agreement is concluded: Moscow
3.	Paper compilation date
4.	Name (in full) of both spouses
5.	Dates of birth of both spouses
6.	Date of issue of the marriage certificate, name of the authority that issued the document, number of the act record
7.	Details of passports of husband and wife
8.	Registration addresses of each of the couple
9.	Features of the legal regime of property that is available
10.	List of property that is joint property
11.	List of property that is not joint property
12.	Order of mutual maintenance
13.	Key items of expenditure and who will pay for them
14.	Rights and obligations of the parties
15.	The procedure for amending the contract
16.	The procedure for terminating the contract
17.	Divorce Terms
18.	Document validity period
19.	Number of document copies
20.	Signatures of all parties to the agreement

But in addition to what should be in the marriage agreement, the Family Code also regulates a number of points that in no case should be included in the document.

These prohibitions include:

1.	Restriction of the legal capacity of one of the spouses (limiting the right to free movement, conducting some kind of activity, etc. is only possible by law, but not by one person)
2.	Limitation of the legal capacity of one of the spouses (you can’t make a contract prohibiting your soulmate from doing this and that)
3.	Establishing rules in personal relationships (your love relationship cannot be part of a legal deal)
4.	Restrict the right of one of their spouses to seek protection from the police or the courts
5.	Set rules for children
6.	Refuse to support incapacitated citizens
7.	Make any illegal demands

It should be understood that a prenuptial agreement is a document that primarily concerns your property.

It cannot affect your personal relationships. Cannot save or destroy your marriage. It cannot serve as an instruction by which your couple will live every day.

Why is a prenuptial agreement necessary? Rules for compiling a document.

What are the ways to get married?

You can not only draw up, but also change or terminate the marriage contract!

Do not be afraid to conclude a family agreement, if only because the text of the document can be changed or the contract can be completely terminated.

True, in order to do this, you need the consent of both spouses.

If you decide to make any changes to the text, then go back to the notary to draw up an agreement for you to amend or terminate the contract, which will correspond to the form of the marriage agreement.

But it’s impossible to simply refuse to fulfill the terms of the contract if the second spouse does not give his consent to making changes.

The only thing you can do is to file a lawsuit in court and achieve termination of the contract in court.

This path is not easy and you can win only if you prove that the marriage contract was drawn up:

with violations of your civil rights;
against your will;
contrary to the laws of the Russian Federation.

Even if you prepare very well, you cannot be sure of a favorable outcome of the trial.

It is better to figure out in advance how to draw up a prenuptial agreement so that it suits all parties to the agreement. Then you don't have to sue.

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

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

1. Come to an agreement on the subject of the contract

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

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

Therefore, before drawing up an agreement, check with Article 42 of the RF IC.

2. Draw up a prenuptial agreement

The IC of the Russian Federation puts forward a mandatory requirement for the form of a marriage contract - it must be written, and at the same time notarized.

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

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

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

3. Appear personally to the notary to certify the contract

You must come together, bringing with you:

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

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

extract from the USRR (the easiest way to get it);
BTI documents - technical and cadastral passports for property;
extracts and documents from other state bodies that confirm transactions with property.

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 duty for certification of the contract

According to the established tariff - this 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 contract for compliance with the law, as well as the data provided regarding the identities of the spouses and property.

Please note that it will probably be cheaper to immediately contact a notary 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 it up yourself, then the consequences can be even more disadvantageous.

5. Get your copy of the contract

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

Who can enter into a marriage contract

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

However, we will immediately make a reservation: a person can be recognized as capable even at the age of 16 (and in some constituent entities of the Russian Federation even earlier), if he creates a family. Accordingly, from this moment he receives a 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, it is impossible to conclude a marriage contract on his behalf, even to a legal representative.

When can it be drawn up and when does it become legally binding?

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

before marriage registration;
being married at any time.

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

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

if before the wedding, then from the moment the marriage is registered in the registry office;
if married, then from the moment of certification by a notary.

An agreement drawn up before marriage will remain an ordinary piece of paper if its parties do not legitimize 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 that has legal force.

Termination and amendment of the marriage contract

A marriage contract may be terminated in the following cases:

divorce;
bilateral refusal of the marriage contract, which is drawn up in a separate document and certified by a notary;
the onset of the term, which is indicated in the database as the expiration date of its validity;
declaring it invalid by the 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 refusal of the marriage contract is not allowed. If a husband or wife refuses to follow the rules or comply with the requirements specified in it, they will be held responsible. Usually in the text of the contract there is a special section “Responsibility of the parties”, which details the consequences of its non-compliance.

Making changes to it is permitted by law. However, both parties to the contract must agree to these adjustments and be personally present at their execution. This can be done at any time (before marriage, in marriage) at 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 wife, accordingly, it can determine the procedure for paying a mortgage, that is, a loan taken to purchase property.

A mortgage is a long-term event that stretches over 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 resolve such issues through it:

which of you is a borrower, whether the other spouse is a co-borrower;
Who owns the apartment?
- if in general, then in what shares;
- if separately, will the second spouse receive compensation in the event of a divorce;
who will pay regular mortgage payments, and who will pay the down payment, who will repay the body of the loan, and who will pay interest and other additional expenses;
from what sources of income the loan will be repaid;
what liability will come for the one who refused to fulfill the contract;
how will the debt be divided in case of divorce, etc.

Example. The Demyanenko family entered into a marriage contract, as required by the bank, in order to obtain a mortgage. It contained the following provision: 2/3 of the shares of the apartment are in the ownership of the husband, and 1/3 - in the shares 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 issue arose before them.
In such situations, the mortgage debt is distributed between them in the same way as property, that is, the spouse will have to pay 2/3 of the remaining amount, and the wife - 1/3. Then, finally, they will receive ownership of an apartment and will be able to exchange it, sell it, or one of them will agree to give it up in favor of the other for compensation.

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

If the spouses have already managed to draw up a marriage contract earlier, then the bank’s requirement can be fulfilled as follows: come to a notary, draw up an additional agreement to the existing contract, specify only the situation with the loan and bring the bank employee the main marriage contract along with a certified agreement.

Favorable terms of the mortgage marriage contract

The purpose of the marriage contract is to achieve justice. By law, all property acquired during marriage is owned by the spouses in equal shares. With a prenuptial agreement, you can change these shares, and this does not always mean that someone is in less favorable conditions. Consider 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 began to have financial problems, his wife left him. Mortgage housing was taken to pay off the debt. If the marriage contract had not been drawn up, then Paramonov's wife would have acted as a co-borrower under the loan agreement, and then the fulfillment of obligations under the loan would have passed to her. In this situation, the wife remained the winner, since she will not pay for 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 repay the debt solely at the expense of a separate Paramonov's property, but not their common property with his wife.

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

Example. Vakulenko D. wanted to take a mortgage in his 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 taken over by N. Vakulenko, his officially employed wife. After considering everything, the spouses conclude a marriage contract, according to which mortgage housing is the property of only the wife, and in case of divorce, in case of compensation, the husband will receive a country house.

Parents give money for an apartment, and the spouses draw up a loan for themselves, defining in the contract the share of the apartment in accordance with 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 gift to their daughter and help the young family buy an apartment on credit, paying off the 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 meant 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.

Maternity capital or personal funds of one of the spouses are paid as an initial contribution - shares in the apartment are distributed according to the amount of invested funds.

Example. Anokhina A. received maternity capital of 453,026 rubles, and besides, she did not withdraw a scholarship for the entire time 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 a down payment on a mortgage, and then they would be used to pay regular payments. Anokhina A.'s friend, a lawyer by education, recommended that she draw up a marriage contract, in which she suggested indicating that 2/3 of the apartment would belong to her, since to a greater extent the apartment would be purchased at her expense (a total of 753,026 rubles at an apartment cost of 1 million R). The contract was concluded on the terms that a friend advised, and very opportunely, since 3 years after the mortgage was issued, the marriage broke up. And if there had not been a marriage contract, then Anokhina A. would have been entitled to only half of the apartment bought practically with her money alone.

How much does a prenuptial agreement cost

This topic has already been touched upon above, 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:

layout preparation - from 5000 rubles;
its legal and technical verification - from 5000 rubles. (if you applied for a layout not to a notary);
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 5,000 rubles, then the cost will rise 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. The notary draws up the layout of the marriage contract in the same way as the lawyer / legal adviser, and therefore will no longer charge 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.

It can help in self-compilation of the text 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 even cost a record low amount - 5,500 rubles.

If the spouses realized what the advantages of the marriage contract are and came to a mutual agreement on the need to conclude such a document, it remains only to make this decisive act at the notary's office.

But before going to the notary's office, you should independently think through all the essential conditions of the future contract. Not a single lawyer or notary knows the peculiarities of the family life of the spouses and their property relations. After all, they will form the basis of a written document.

About what and how should be contained and prescribed in the marriage contract - this article.

Proper preparation and execution of a marriage contract

The Family Code makes it clear: a marriage contract is concluded solely for the purpose of regulating property relations in marriage. Therefore, it does not include provisions of a personal, non-property nature (for example, marital rights and obligations) and provisions relating to minor children (for example, upbringing, place of residence of children in case of divorce). This is one of the fundamental rules for drawing up a marriage contract.

There are other rules too:

The marriage contract must be in writing and subject to mandatory notarization;
The right to conclude a marriage contract belongs to married couples, as well as to couples planning to get married;
The entry into force of a marriage contract depends on when it was concluded. If it was concluded by future spouses before marriage, it will become legally effective at the time of state registration of marriage. If the contract was concluded by a legal husband and wife, it will enter into force immediately after signing;
The marriage contract may be amended by mutual agreement of the parties. The procedure for making changes should be specified in the contract itself. Changes to the contract must be made in writing and notarized, as well as the contract itself;
A marriage contract can be terminated by the parties unilaterally or bilaterally on the grounds that must be specified in the contract itself (for example, if one of the parties violates the terms of the document);
The marriage contract should not contain a number of provisions (restricting the rights of the parties, regulating the non-property aspects of the relationship), otherwise it will be considered invalid.

By means of a marriage contract, it is possible to determine the property regime of the spouses, to divide the obligations on loans, to establish the procedure for the distribution of family income and to provide for other nuances of property relations.

What is included in the marriage contract and what can be written in it?

Property relations in the family - the scope is quite wide. It includes the procedure for acquiring, using and disposing of property, ownership of property, income and expenses, obtaining and paying loans, division of property and debts in the event of a divorce, and much more.

The conclusion of a marriage contract is a way to give a documentary form to the property relations existing in the family, as well as to provide for all property relations that may presumably arise in the future (for example, the joint ownership of the spouses to an apartment that they have in this moment, and separate ownership of real estate to be acquired in the future).

Let's discuss in more detail what and in what form can be provided for in a marriage contract?

Introductory part

An official document is drawn up according to certain rules. First of all, it must have a structure, that is, it must consist of separate, but logically interconnected elements - an introductory, main and final part.

The introductory part or preamble of the contract contains the following data:

Name of the document: "Marriage contract";
Place of conclusion of the contract: city, region, country;
The date of conclusion of the contract (the date of conclusion of the contract is the date of notarization of the contract by a notary and the entry of its registration data into the register);
Parties to the agreement: Full name spouse and spouses, passport details of the parties (date of birth, place of birth, address of registration);
Purpose, legal basis for the conclusion of the contract.

Main part

The main part of the marriage contract usually consists of several sections, which, in the form of separate articles and clauses, regulate the provisions of a particular type of property relations.

Let us consider in more detail what can be written in each of the sections of the main part.

Property mode

Spouses have the right to determine any mode of ownership for their property: joint, separate. As a rule, a combination of several options is used in practice.

For example, for real estate, spouses determine the regime of joint ownership. Apartments, houses and cottages, cars are shared. Shares in joint property can be both equal and unequal (for example, a husband - a third, a wife - two-thirds). For movable property, such as household appliances, a separate ownership regime may be established. Let's say the computer and refrigerator belong to the husband, and the washing machine, iron and slow cooker belong to the wife. Here it is important to indicate on what basis the division of property between the owners will take place. For example, depending on whose funds the thing was purchased, in whose name it was issued, by whom the thing was used in everyday life (it is stupid for a man to claim women's jewelry or fur coats).

If we are talking about existing property, it will not be superfluous to provide a complete list of it with a detailed description of each. So, for a land plot, you should indicate the location, area, purpose, cadastral number. For a car - make and model, year of manufacture, state number.

If the spouses plan to purchase an apartment on credit, it is important to indicate this in the marriage contract, as well as describe the rights of the spouses to it, the size of the shares, and the obligations to pay loan payments.

2. Rights and obligations of the parties to the agreement on mutual content.

As a rule, the marriage contract contains provisions for the maintenance of each other by the husband and wife. Although the obligation to support a spouse in case of disability and need is provided for in the law, this document can expand the range of alimony rights and obligations of spouses in relation to each other.

For example, provide more grounds for receiving material assistance - not only disability (loss of the opportunity to work due to disability) and neediness (low income that does not satisfy material needs), but also difficult life circumstances, illnesses, purposeful intentions (studying at a university) and other grounds.

3. Income of spouses

According to the law, not only the property acquired during marriage is the common property of the spouses, but also the income of each spouse is common.

But a prenuptial agreement can provide for another way of distributing income. For example, indicate that the income of each spouse is his personal property, which he has the right to dispose of at his own discretion. Or provide that the main income of each of the spouses (for example, salary at the main place of work) is common, and additional earnings are personal property.

4. Procedure for incurring costs

Since the spouses distribute each other's income, it is worth talking separately about expenses. Moreover, all types of expenses can be settled, including the purchase of real estate, repayment of debts, household expenses and everyday expenses.

The contract can provide for the rights and obligations of the spouses for expenses:

who will bear the costs of acquiring real estate, vehicles, furniture and household appliances;
who will pay for the education of children;
who will bear the cost of current or major repairs of housing;
which of the spouses will pay for the maintenance and repair of the car;
Who will bear the cost of paying utility bills?
who will pay for family vacations, travel, entertainment and recreation.

The prenuptial agreement may state that all expenses are borne by one of the spouses or both. As a rule, the costs are assigned to the spouses in proportion to their income or shares in property.

Debt repayment procedure

A prenuptial agreement is a great way to settle possible or existing financial difficulties, in particular debts.

For example, if it provides for a separate property ownership regime, one could specify that each of the spouses bears his own debt obligations. If there is a joint ownership regime, the spouses can determine the procedure for each of them to participate in the performance of common debt obligations. For example, in proportion to the shares of the spouses in the property.

Marriage contract and mortgage

If the family plans to purchase an apartment on a mortgage, it would be useful to conclude a marriage contract.

Especially if the spouses pay the down payment in unequal amounts of money, if the mortgage is repaid with the funds of one spouse, and the other spouse refrains from payments or makes smaller payments. In this case, the contract should provide that the right to a large share in the property will belong to the spouse who participated in paying for it in large amounts.

And if only one spouse pays the loan, he will be the sole owner of the apartment after the loan is paid. Another option is that the right to mortgage real estate will belong to only one of the spouses, and the second will receive compensation for his share in monetary terms, indicating the amount.

In the document, it is desirable to detail the procedure for paying the loan: who, in what amount, in what time frame should make the first installment and loan payments. It is important to indicate the size of the shares owned by each spouse.

If the contract is concluded when the mortgage loan has already been taken and the spouses have loan obligations, the acquired property and the debt to the bank are joint by law. To change these conditions through a prenuptial agreement, you will need to obtain the consent of the bank and make appropriate changes to the mortgage agreement. It must be admitted that banks very rarely and reluctantly take this step.

7. Property that will be transferred to each in a divorce.

To share is to share! Since we are talking about the division of property, income and expenses during marriage, it is advisable to think about how the division will take place in the event of a divorce.

It is important to bear in mind that during a divorce, not only the property and those obligations that the spouses had at the time of the conclusion of the contract will be divided, but also those that were acquired during the marriage.

If the spouses have established a separate property regime, everything is very simple: each of them will have a certain part. If the share regime of joint ownership is in effect, the property must be divided in accordance with the size of the shares. If there are fundamental provisions (for example, in any "hands" the car remains with the husband), they should be indicated.

Final part

This should include the following provisions:

liability for violation of the terms of the marriage contract;
rules for amending the marriage contract;
grounds for unilateral and bilateral termination of the marriage contract;
the duration of the contract, the duration of certain provisions of the contract;
date of entry into force of the agreement.

Completion of the official document - details and signatures of the spouses.

What can not be fixed in the marriage contract

There are provisions that under no circumstances should be included in a prenuptial agreement, as this is against the law and may lead to the invalidity of the agreement. These provisions are as follows:

Restriction of legal rights and freedoms of a person (the right to work, the freedom to choose a place of residence, the right to receive education, the right to choose a field of professional activity). For example, it is impossible to oblige a wife to refuse the opportunity to study and work, to oblige her to run a household and raise children on her own. In the event of a divorce, a husband cannot be required to leave his hometown and never return.
Waiver of the right to protect their legal rights and freedoms, including through the courts.
Non-property aspects of the relationship of spouses. For example, the obligation to give flowers on holidays, to be faithful, not to drink alcohol.

Important! Although it is impossible to provide for conditions of a non-property nature in a marriage contract, it is possible to provide for their property consequences. For example, to oblige the spouse to pay monetary compensation for the funds of the family budget spent on alcohol, compensation for moral damage for beatings or treason;

The rights and obligations of parents in relation to children (except for the distribution of expenses for their maintenance). A marriage contract is not the document that determines the procedure for raising children, the rules for communication between parents and children, the place of residence of children in the event of a divorce. These issues are subject to settlement in an agreement concluded during a divorce through the courts. The maximum that can be discussed in a marriage contract regarding children is who and how will bear the costs of their maintenance (pay for education, treatment, buy clothes and shoes, etc.).
Restriction of the legal rights of a disabled spouse . According to the law, if one of the spouses becomes disabled (acquires a disability) and needs material assistance, he has the right to alimony from the second spouse. A marriage contract cannot deprive this right.
Determination of the procedure for disposing of property in the event of the death of one of the spouses. There is a testament for this.