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Marriage contract: how to conclude it and how not to make a mistake. Why everyone needs a prenuptial agreement. What is a prenuptial agreement, document requirements

Until 1994, little thought was given to economic obligations in Russia in the event of a divorce. In the Soviet Union, people got married early, they rarely became fantastically rich, and they received apartments from the state and for the whole family. Market relations changed everything, and in 1994 the mention of a marriage contract for the first time in modern history appeared in the Civil Code of the Russian Federation. In 1996, a separate chapter was dedicated to him in the Family Code.

A marriage contract is a voluntary agreement between spouses or those who intend to become spouses. The document prescribes property rights and obligations in marriage and after a divorce.

Why Everyone Needs a Prenuptial Agreement

According to a survey conducted by the Higher School of Economics in 2015 and 2016, 86% 82% of Russians marry for love respondents believe that a marriage contract is not needed. There are several reasons. Some do not want to interfere with feelings and commercialism. Others believe that they still have nothing to share. Even if spouses enter into a life together with one toothbrush and a lot of love, it is better to foresee the potential risks in advance.

Certainly, from the outside, the proposal to conclude a prenuptial agreement may seem mercantile and unethical. However, often the marriage contract is a deterrent and prevents spouses from acting thoughtlessly, and sometimes even stupidly.

Victoria Aptekina, Leading Associate at the European Legal Service

To avoid manipulation and revenge

Why the marriage contract is not a panacea

The legislation on the marriage contract contains several nuances. The document does not regulate the non-property relations of spouses, cannot determine the rights and obligations in relation to children. And, most importantly, if one of the spouses considers himself infringed, he can challenge the marriage contract. And this often happens during a divorce. In this case, the showdown between yesterday's husband and wife will move to court, where it will turn into a battle of lawyers.

For example, in 2013 in Nizhny Novgorod, the court invalidated the contract between the spouses. Under the terms of the contract, the partners received property that was registered to them. After the divorce, his wife got a house and a flower business, since all this was written down on her. The husband said he signed the papers while drunk. This fact was confirmed by witnesses. As a result, the property was divided strictly in half.

Therefore, the marriage contract does not give one hundred percent protection.

How is property divided if there is no marriage contract

If the spouses managed to save face and a sense of justice during a divorce, it is possible to divide property according to the principle “this is yours, and this is mine” without a marriage contract. When it comes to court, all family wealth is distributed strictly in half. There are exceptions when property is not subject to division. What was personal and indivisible remains:

  • acquired before marriage;
  • bought after divorce;
  • received as a gift (if relevant documents or witnesses are available);
  • inherited by one of the spouses;
  • necessary for professional activities (a car - for a taxi driver, a musical instrument - for a performer).

Personal items and children's property are also protected from encroachment. The latter category includes not only coloring books and soft toys, but also accounts opened in the name of the child.

The rest will be divided in equal shares. The court will have questions about cars suddenly sold shortly before the divorce, withdrawn from the deposit money. The one who imprudently disposed of the common property may be required to compensate the spouse for half of the real value of the car or the funds spent. Therefore, if something was acquired by the overwork of only one of the spouses, it is better to take this into account in the marriage contract.

Today, few people can be surprised by a marriage contract. Many young couples draw up this document before the wedding in order to be safe and not lose their property during a divorce. Someone will say that the main reason for such an act is distrust, others will note prudence. But how are things in practice?

What is a marriage contract

It is important to understand what kind of document a marriage agreement is, and what benefits it gives spouses. A marriage contract is a voluntary agreement of the parties to certain conditions for the division of property during the divorce process. This document, certified by a notary, allows a couple to legally defend the right to real estate in court, and also helps to resolve differences between spouses. What is a marriage contract is clearly written in the legislation (Chapter 8, Articles 40-46 of the Family Code of the Russian Federation).

Marriage contract - pros and cons

Living together is a big responsibility, certain obligations. Many partners agree to formalize their relationship without signing a contract, but recently young people have been turning to specialists to legally establish property rights in case the family ship sinks. Before looking for the right document drafting template, weigh your decision. After all, there are pros and cons of a marriage contract.

  1. The contract helps to correctly understand what each person will be left with after the divorce procedure, so that a clear material order arises in the relationship.
  2. Spouses have the right to keep certain valuables acquired before marriage, whether it be a car, their own business, real estate or money.
  3. Each of the spouses can determine certain aspects in which the property will pass to the second. As an example, if there is a common child, the apartment remains with the one with whom the minor lives.
  4. If one of the parties to the contract has any debts (alimony, credit, etc.), you can add a clause on the sole payment of the encumbrance.
  1. For many Russians, the very idea of ​​defining, discussing the material component of civil or family relations is shameful. It looks like malicious intent, selfish motive and greed, although in fact the contract is a sign of the honesty of the spouses.
  2. Young couples simply do not have the means to conclude such agreements, because this procedure is somewhat costly.
  3. Wedding expenses tend to be left out, so it's harder to split them than income.
  4. The procedure for filling out forms, forms, application rules, other bureaucratic nuances can require a lot of time and effort.
  5. All terms of the contract should be concise, simple and clear. Otherwise, the contract may be declared invalid. Therefore, it is important that the document is compiled by a good lawyer who has living examples, and this is not cheap.

When can it be concluded

The idea to fill in the necessary papers and forms comes to mind before the marriage, but, in fact, the marriage contract can be concluded after the wedding. In the first case, the contract comes into force from the day of official registration, in the second - from the moment of certification by a notary. Each spouse is given a copy of the document, while the original remains with the legal representative.

Whether or not to enter into such an agreement, any couple must decide for themselves. Before you go for a consultation with a specialist, you should first discuss all the conditions with your soulmate and come to an agreement. This will help to avoid further disagreements and litigation, which entail a lot of financial costs and nerves.

How to draw up a marriage contract

Before you draw up a prenuptial agreement, weigh everything, think about whether it will be of real benefit. If you are determined to conclude such an agreement, go to a competent lawyer to clarify all the nuances and familiarize yourself with the document templates. It is better to entrust the preparation of a marriage contract to a specialist so as not to bite your elbows because of mistakes during a divorce.

Self-preparation of documents will consist of filling out forms, drafting a contract, an example of which can be found on the net. If you are legally well versed, you know the statistics well, then you can deal with the document personally, but do not forget to discuss important aspects with your soulmate. You don't want to end up ending the relationship without the right to property.

Being married

To draw up a prenuptial agreement in marriage, you need to contact lawyers. It may include not only jointly acquired property, but also expenses. To draw up a document, you will need passports of both parties, a marriage certificate, documents confirming the ownership of the property, which must be taken into account in the contract. With all these papers, go to a reliable specialist. He will draw up a contract and explain to you all the nuances.

When one of the spouses has debt obligations (loan, mortgage, etc.), in the agreement, at the request of both parties, this item is taken into account, even if you are already married. It is important to correctly formulate the terms of debt repayment, a competent lawyer will help you with this. It is not uncommon for one of the spouses to pay the mortgage, but at the same time, real estate remains with him in the event of a divorce.

Marriage contract - sample

Have you decided to write papers yourself? Then you will need a sample marriage contract, which you can get from lawyers or find on the Internet. Remember that this document should establish not only your rights to property, but also the rights of a partner. Be sure to discuss all the wishes and questions so that in the future you do not have to resort to litigation and termination of the contract.

Termination

Changing and terminating a marriage contract is a frequent case in legal practice. It happens that the spouses, for whatever reason, decide to add or remove certain items from the contract. To do this, you will again have to contact your lawyer, who must have the original document. To terminate or modify the contract, a written statement from each party must be submitted.

There are several types of termination:

  • with the consent of the spouses;
  • By the tribunal's decision;
  • termination of the contract in the event of the death of one of the spouses.

Each case is considered individually and has its own nuances. So, with mutual consent, it is necessary to come to a meeting with a notary for both spouses and write applications for voluntary termination. If everything is done correctly, the procedure will take a minimum of time and effort. True, the financial side remains, because the services of a specialist cost a lot of money.

If the contract is terminated in court, it will be necessary to prove that it is invalid, or that one of the parties is placed in obviously unbearable conditions. This is usually a lengthy procedure that requires lawyers and time to gather evidence. It is worth noting that it is not always possible to recognize such an agreement as invalid.

When a contract is drawn up with a certain period of validity, it automatically becomes invalid after this time. There is no need for any special procedures, but in the event of the death of one of the spouses, you will have to prepare supporting documents in order to cancel the contract and relieve yourself of obligations. This will require a medical report and a death certificate.

Video

Russian law provides that everything that spouses earn during marriage is in their joint property. It means that one spouse is responsible for the debts of the other that in order to sell, say, an apartment or a car, the consent of the other spouse is required. However, I hasten to note that this mode is not convenient for every family!

In this article, I will examine in detail the issues of a prenuptial agreement: what it is, what laws regulate it, how and when to draw up, amend and terminate a contract, why it is necessary, what clauses to include in the agreement, and I will also write a number of practical tips that will help you avoid mistakes in the future.


○ Part 1. Marriage contract (general information).

So what is a prenuptial agreement? In short, this is an agreement concluded by the spouses during or before the registration of marriage and regulating the property relations between husband and wife, as well as (possibly, but not necessarily) the obligations of the spouses in marriage and .

✔ Marriage contract in the Family Code

The possibility of concluding a marriage contract first appeared with the adoption of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) in 1994. Art. 256 of the Civil Code of the Russian Federation, for the first time in Soviet and post-Soviet law, provided for the possibility of spouses to establish mutual property rights and obligations themselves.

The Family Code of the Russian Federation, which entered into force on March 1, 1996, specified the concept of a marriage contract (sometimes also called a marriage contract), devoting an entire chapter 8 to it (we recommend that you read it), in which it was deciphered in detail how a marriage contract is concluded, what exactly it may contain , in what terms it is valid, as well as many other issues that allow citizens to independently conclude or terminate such contracts.

✔ When can a prenuptial agreement be concluded?

A marriage contract can be concluded both at any time during the marriage and before the registration of the marriage - in relation to the property already available to the future spouses, as well as in relation to what will be acquired by them in the future.

By law, such a contract must be certified by a notary, therefore, a contract concluded by spouses in marriage comes into force from the moment the notary puts a certifying mark on it. In the same case, if the future spouses conclude a contract even before the marriage is registered, then, according to Part 1 of Art. 41 of the RF IC, such a contract comes into force after the marriage itself is entered into and registered with the registry office.

✔ Terms and period of validity of the marriage contract

The law also determines the duration of the marriage contract. As a general rule, a contract, whether made before or during marriage, valid for the entire period of marriage until divorce(in the event of the death of one of the spouses, slightly different rules apply regarding inheritance).

However, it should be noted that some provisions of the marriage contract may continue after divorce. This happens if the spouses have provided for these conditions in advance, for example, who will support whom after the divorce and how exactly the property will be divided.

✔ Limitation period for marriage contracts

Like any other contract, a marriage contract can be challenged. The RF IC does not specifically provide grounds for this and a special limitation period, therefore in relation to the marriage contract, the usual norms of civil law should apply.

But, everything is not so simple! Here we involuntarily touch upon a very controversial issue, on which even professional lawyers do not have a common opinion.

There are at least two possible scenarios:

1. Article 44 of the IC of the Russian Federation, which describes the grounds for recognizing a marriage contract as invalid, refers to the Civil Code of the Russian Federation. Therefore, on formal grounds, one could conclude that the marriage contract can be challenged in court within three years from the date of conclusion.

2. Article 9 of the RF IC provides that There is no statute of limitations in cases arising from family relations, unless otherwise provided by law..

As a result, even judicial practice develops in different ways.

Only one piece of advice can be given here: when filing a lawsuit to terminate or invalidate a marriage contract, it is still better to focus on a three-year period - however, the expiration of this period does not mean that everything is lost and the contract is no longer subject to dispute.

✔ Validity of the marriage contract after the divorce

The marriage contract is concluded during or before marriage and is valid for the entire time of family life up to. However, this does not mean that immediately after the divorce, the contract can be forgotten. The fact is that one of the most important reasons why such agreements are generally concluded is precisely the suppression of possible disputes about.

The marriage contract in this case clearly defines in what shares the property of the spouses is divided after a divorce, and, if necessary, what exactly from the property goes to each of the spouses. This is the main function of the document and is very useful when family members own not only money, but also expensive property (apartments, cars, jewelry, antiques, etc.), as well as various kinds of business rights.

For example:
The husband-businessman can stipulate in the contract that his wife has nothing to do with shares or shares in the authorized capital - or, on the contrary, leave some specific enterprise to her.

However, due to the principle of equality of spouses in marriage, enshrined in law, a rich wife has similar rights in relation to her husband.

✔ When to conclude a contract: before marriage or during marriage?

If the contract is concluded before the registration of marriage, then in it can only provide for the ownership of the property that (presumably) will T acquired in the future during a joint life.

Usually this is real estate (apartments, houses, land), movable property (cars, other vehicles, business, etc.).

No one bothers, of course, even before marriage, to transfer something to the future husband or wife - however, these relations will be regulated by other types of contracts: those provided for by civil law. It is not recommended to include this transfer in the marriage contract..

The fact is that a marriage contract comes into force only from the moment the marriage is registered, but, for example, a contract of donation or sale of any real estate - only from the moment the transaction is registered with the relevant state body. Confusion can arise - and it is easier to avoid it in advance.

A marriage contract may be concluded at any time after the conclusion of the marriage. In this case, the spouses will have to describe in detail in it who exactly owns the existing property, so that there are no disputes in the future.

However, the law does not prohibit leaving part of the property in joint ownership - however, even here it is necessary to clearly describe what exactly belongs to everyone by adding a clause to the contract with approximately the following wording: “In relation to property not specified in this contract, the rules provided for by the current legislation."

The contract concluded during the marriage describes in detail which of the spouses already owns, as well as how income is distributed.

By law, almost everything that is acquired by the spouses is their joint property (with minor exceptions, such as clothes, shoes, gifts, intellectual property, etc.) - but at the same time, both spouses are immediately responsible for the debts of one of the spouses.

If one of the couple is an entrepreneur, then the legal regime of property can lead to the fact that after an unsuccessful transaction, the whole family will be in poverty. This is where the marriage contract is extremely useful: by dividing the property in advance, the spouses at least guarantee themselves that in the event of ruin, the unsuccessful entrepreneur risks only his share in the property, without affecting the interests of the wife (or husband).

✔ What are the types of marriage contracts?

There are two main types of marriage contracts:

1) An agreement under which all property is in their common joint ownership.

Such an agreement is convenient for couples who do not want to argue over who and what was donated, who exactly is responsible for what obligations - and both spouses hope that there will be no divorce and division of property. In this case, the family acts, in fact, as a single entity in property relations with third parties.

2) An agreement under which the rights to own property are separate.

This option protects the second spouse from the debts of the first, the procedure for the possible division of property is clear and transparent. The disadvantages of this type of marriage contracts include only the possible property inequality of spouses- however, if they voluntarily agree to this option, this is their purely family matter, not concerning any of the outsiders.


○ Part 2. Pros and cons of a prenuptial agreement.

A marriage contract in Russia is far from a new thing, but over the past years it has not become a mass phenomenon. Let's try to briefly formulate what exactly it gives the spouses, what are its positive and negative sides.

✔ Benefits of marriage contract:

  • There are no disputes in the division of property. Everyone who happened to get a divorce or watch the divorce of relatives or friends will confirm: very often, after the dissolution of a marriage, disputes begin, and the more was acquired in the marriage, the more bitterness between the former spouses. Very often, unable to agree, they are forced to go to court with a claim for the division of property. (our ). A marriage contract, in which such questions will be written in advance, will save a lot of time and nerves.
  • You can determine which of the spouses is responsible for which debts. This is especially true for entrepreneurs, but it is also very useful for ordinary citizens.
  • If expensive property was given to someone before or during marriage, it is possible to determine in advance to whom and under what conditions it belongs.

✔ Cons of a marriage contract

  • The marriage contract is always must be certified by a notary, all changes and additions to it - too. Going to a notary takes both time and money.
  • If the law changes, spouses will have to edit the contract, bringing it into line with the new laws, otherwise the contract could easily be invalid. These are additional costs for lawyers.
  • Marriage contract demands clear legal language from spouses, otherwise it will itself become a cause for controversy in the future.
  • marriage contract regulates only property relations. All other conditions (for example, with whom the children will remain in the event of a divorce, which of the spouses is obliged to do what around the house) are invalid from the point of view of the law.
  • Psychologically, the marriage contract is largely sets up spouses for a future divorce and destroys family trust.

Video

A video in the "General Interest" program about the advantages and disadvantages of marriage contracts.

○ Part 3. What is desirable to include in the content of the prenuptial agreement?

Having figured out what a marriage contract is, we will explain what points the document should contain so that there are no claims in the future.

1 item: determination of ownership of property, joint property.

When drafting a prenuptial agreement, you must specify What kind of property does it apply to?. In particular, if before marriage each of the spouses owned something, it is necessary to indicate whether this property, as specified in the law, remains the property of one spouse, whether it passes into joint ownership, or a share in it is allocated to the other spouse (this is especially important for real estate objects: apartments, cottages, land plots).

Spouses also have the right to determine who exactly will own what is donated, inherited.

2 point: joint property.

The contract must regulate in detail the ownership of property and funds that are received or can be received during the marriage. In law, all this must be jointly owned by the spouses, but the contract can provide, say, that the income of each of the spouses or the property acquired on them belongs only to him alone.

3 point: Property expenses.

Property issues include the cost of maintaining the property: the cost of repairs, in relation to housing - utility bills. Although this is not directly provided for by law, it can be included in the content of the marriage contract and the regulation of these issues. You can also streamline the household expenses in the contract, for example, indicating that they are made at the expense of one of the spouses - or that both are obliged to participate in them jointly.

4 point: children.

Quite often, when discussing a marriage contract, questions related to children arise. It must be clearly remembered here that marriage contract regulates issues related only to property- and children, of course, they are not. Therefore, it is unacceptable to include clauses in the marriage contract regarding which of the children will remain with which of the parents in the event of a divorce. This part of the contract will be invalid.

5 point: child support.

In the same way, it is impossible to regulate possible child support by a marriage contract. Spouses have the right to conclude, but only separately and after a divorce. It is better to avoid such clauses in the content of the marriage contract.

6 point: debts.

As already mentioned, a prenuptial agreement is an excellent tool for resolving possible debt problems of spouses. It may provide for separate ownership of family property - and in this case, each will be responsible for his debts only with what belongs to him, without affecting the interests of the other spouse.

7 point: mortgage and credit.

And, since we are talking about debts, it is necessary to separately mention the costs of property purchased on credit against security - namely, mortgages. There are two options here:

1. If a marriage contract is concluded before a mortgage is taken, then it is necessary to clearly state who and in what amount makes payments on the loan, and who exactly will own the acquired property. It may eventually turn out to be both the property of one of the spouses (but in this case he alone will bear the costs), and their common property (and here it is necessary to indicate to whom and what share belongs).

2. If the marriage contract is concluded with an already taken mortgage, then here the possibilities of the spouses are limited by the existing contract with the bank. According to the law, the acquired property is common joint property, but the debt can also be collected from both spouses. In order to specify any other conditions in the marriage contract, the spouses you will have to get the consent of the bank and renegotiate the mortgage agreement. As practice shows, banks are extremely reluctant to do this.

✔ What should not be included in a marriage contract.

Well, now let's talk about what should in no case be included in the content of the marriage contract. As already mentioned, it is impossible to indicate with whom the children will remain after the divorce - this is expressly prohibited by Part 3 of Art. 42 RF IC. In addition, it is unacceptable to include in the marriage contract conditions that:

  • They restrict the rights of spouses to work, freedom of movement, the right to go to court, etc.
    For example, a contract cannot oblige a wife to give up work or study and force her to do only housework. In the same way, in the event of a divorce, one of the spouses cannot be obliged to leave for another city and no longer appear at their former place of residence.
  • Regulate non-property relations.
    Curious agreements under which the wife undertakes to monitor her appearance and regularly visit a beautician, or under which the spouses try to specify how many times a week they are obliged to have sex, have no legal force in this part. It is also impossible to oblige the spouses to be faithful to each other. Sometimes in contracts they try to indicate the amount of compensation for non-pecuniary damage in the form of the amount that the unfaithful spouse must pay, but this item is very controversial.
  • Regulate relations with children that are not related to the cost of their maintenance.
    As already mentioned, it is pointless to indicate with whom the children will remain after the divorce, how they will communicate with their parents. The maximum that is possible here is in accordance with Part 1 of Art. 42 of the RF IC, provide for who and in what amount bears the costs of maintaining the child (for example, who pays for kindergarten, paid school, university, etc.).
  • Limit the rights of a disabled spouse.
    The RF IC expressly provides that spouses are obliged to financially support each other. So if one of the spouses becomes disabled, he in any case receives the right to alimony from the other spouse - regardless of what is said about this in the marriage contract.
  • They put one of the spouses in extremely unequal conditions. More on this will be discussed below.


○ Part 4. Marriage contract and property of spouses.

Consider how specifically a prenuptial agreement can regulate issues related to certain types of property

✔ Marriage contract for an apartment and other real estate.

Describing the rights to real estate in the marriage contract, it should be remembered that it is subject to state registration.

In accordance with Part 2 of Art. 2 of the Federal Law "On State Registration of Rights to Real Estate and Transactions with It" any change in the status of apartments, land plots and other real estate, including in connection with the conclusion of a marriage contract, must be registered with the appropriate authority. Otherwise, such change will have no legal effect.

In addition, it should be noted here that when real estate objects are included in the marriage contract, the spouses will have to present to the notary and documents on the relevant property.

The marriage contract should also provide for who and in what order has the right to use real estate, who bears the costs of its maintenance.

✔ Marriage contract for a car and movable property

With regard to movable property, there are no restrictions indicated above - although there are some subtleties here. In particular, although registering a car with the traffic police does not affect the property rights to it, it is still better to re-register when the car is transferred under the contract to the property of another spouse.

It should also be remembered that most of the movable property has a limited service life, so even if it is described in detail in the contract, by the time these things are divided, these things may no longer be available. Here you can do it in several ways:

  • Divide property by type(for example, indicating that computers and consumer electronics belong to one spouse, and furniture, dishwashers or washing machines to another, regardless of their brand, model and time of purchase).
  • Each time, acquiring expensive things, because of which a dispute is possible, amend the marriage contract. This is far from the best option, but it is acceptable.
  • Determine the ownership of each thing, depending on whose funds it was purchased. This option is acceptable if the marriage contract provides for separate ownership of property.
  • Do not indicate specific things, but provide in the contract for a share in the total value of the property of the spouses belonging to each of them. The disadvantage of this method is the need for an independent assessment or the absence of a dispute about the value between the spouses.

Unfortunately, there is no single solution, and spouses, when concluding a marriage contract, should independently choose one of these methods or come up with their own.

✔ Marriage agreement for debts, loans, mortgages.

A prenuptial agreement is an excellent tool for settling possible debt problems. Depending on the regime of property ownership chosen by the spouses, three options can be distinguished:

1. Common joint property Both spouses are equally liable for debts.

2. Shared ownership- each of the spouses is liable for debts only to the extent of the value of their share in the family property, and the amount of debt greater than this share cannot be recovered from the second spouse.

3. Separate property- in this case, each of the spouses is responsible for the debts himself, and the second has nothing to do with them.

However, with regard to those debts that already exist at the time of the conclusion of the marriage contract, it should be remembered: in accordance with Art. 46 of the RF IC on the conclusion, amendment or termination of a marriage contract, the debtor spouse is obliged to notify all his creditors. If he did not do this, then the debts will be collected in the manner prescribed by law - and the content of the marriage contract will no longer be of interest to anyone.

Moreover, creditors, in accordance with Art. 451 of the Civil Code of the Russian Federation and part 2 of Art. 46 RF IC may require through the court to change the conditions or terminate the marriage contract if the circumstances have changed significantly (for example, in the case of separate property of the spouses, the debtor spouse has lost his ability to work and can no longer independently answer under the contract).

Video

Lawyer Yaroslav Mukhin answers the questions of citizens about the marriage contract and the nuances of its preparation.


○ Part 5. How to conclude a prenuptial agreement?

So you've decided to get married. What do you need to know for this?

✔ Conditions for concluding a marriage contract.

1) The age and legal capacity of the parties. A marriage contract (as well as marriage in general) cannot be concluded if at least one of the parties has not reached the age of 18 (if there are good reasons and with the consent of local authorities - 16 years), or if it is recognized by the court as incompetent.

2) The absence of already registered marriages with other persons from any of the spouses. In the Russian Federation, polygamy and polyandry are not allowed, therefore, in this case, neither marriage nor the marriage contract will have legal force.

3) No close relationship or adoption between the parties. Since the marriage contract is concluded only together with the conclusion of marriage, the same restrictions apply here: the conclusion of marriage or a marriage contract between parents and children, brothers and sisters, etc. is unacceptable. Also, adoptive parents and adopted children cannot be parties.

this is a written agreement or, in other words, simply a deal between future spouses about various, primarily property aspects of family life. This document is certified by a notary, each of the newlyweds receives a copy, and the original remains with the lawyer. Over time, it will be possible to change and supplement the terms of the marriage contract, certifying the new text in the same notary office. The agreement can be drawn up both before the wedding and after. In the first case, it comes into effect from the moment of marriage registration, and in the second case, from the moment of notarization.

Through this document, the spouses have the right to change the statutory regime of joint ownership. For example, according to the law, in the event of a divorce, all jointly acquired property is divided in half, the court also decides what to do with the personal belongings of the spouses. You can choose any form of property ownership: joint (general), shared (each has its own share) or separate (that is, personal). Since each of you has the right to personal property, you can name as such all things that belonged to you before marriage, as well as gifts, inheritance, personal items (except luxury items). If this solution does not suit you, you can offer other options. Interestingly, all gifts bought with personal money belong to the giver by law. And if you gave your husband a coat, in the event of a divorce, you can always take it back. And all the expensive things donated by your "blessed" (fur coat, necklace) legally belong to him. You can attach a gift agreement to expensive things, but it is bad because it is a one-sided document, which means that the giver can always terminate it without the consent of his "half". Of course, from the point of view of ethics, it is unlikely that anyone will take away gifts, but just in case, you can write in the contract that luxury items are separate, that is, the personal property of the one who uses them. You can do the same with other acquisitions: household appliances, carpets, and silverware can be assigned to the wife, and the garage and car to the husband.

In the marriage contract, you have the right to determine your rights and obligations regarding mutual maintenance, the maintenance of children and elderly parents, the ways and measure of participation in each other's income, the amount of money that each of you contributes to the common treasury, and also include any other provisions relating to property relations.

The only, but very serious limitation in this case is that, according to the law, the terms of the marriage contract should in no case worsen the position of either spouse. This often worries young people. For example, you specify in the contract that in case of non-fulfillment of the terms of the contract, the violator will be punished by the deprivation of some share of his property. But then in court you are unlikely to be able to achieve this, because by taking away part of the spouse’s property in your favor, you worsen his position, thereby violating the main condition.

The main principle of drawing up a marriage contract:

such a marriage contract should be as "rubber" as possible, should take into account as many options for the development of the situation and possible force majeure circumstances as possible - in order not to return to this contract.

In modern contracts, according to tradition, the following phrase is written at the end: "All disputes and disagreements under this contract will be resolved by the parties through mutual negotiations. If an agreement is not reached, the dispute will be resolved in accordance with applicable law." It is useful to include such a line in the marriage contract. And if "the parties have not reached an agreement through negotiations", resolve the dispute in accordance with the law.

By signing a prenuptial agreement, you will be able to:

Retain the right to own after the divorce any property specified in the prenuptial agreement.
- Punish for adultery by enshrining in the contract a clause on compensation for non-pecuniary damage.
- Transfer any property that is your property to your wife or husband.
- Do not pay with your property for the debts of your beloved "half".

A marriage contract may be recognized by the court as invalid in whole or in part at the request of one of the spouses, if the terms of the contract put this spouse in an extremely unfavorable position.

Marriage contract example:

Marriage contract No. _________

Town _____________________________________________,
(date)

We, the undersigned,
citizen_____________________________________________,
living at the address: __________________________________________,
and citizen ___________________________________________,
living by the address:________________________________________,
intending to get married (registered
by whom,
when the marriage was registered
N certificate _______________________),
hereinafter referred to as the "Spouses", have entered into this agreement as follows.

1. General Provisions

1.1 The property acquired by the spouses during the marriage is during the marriage the common joint property of the spouses, with the exception of the property personally owned by the law of one of the spouses, and also with the exception of cases provided for in this agreement.

1.2 In case of dissolution of the marriage by mutual consent, all property acquired during the marriage retains the legal regime (common joint property or property of one of the spouses) that applies to the relevant property during the marriage, unless otherwise provided by this agreement.

1.3 In case of dissolution of marriage at the initiative of Mr. ____________ or as a result of his unworthy behavior (adultery, drunkenness, hooliganism, etc.), property acquired during marriage and related to the common joint property of the spouses is considered from the moment dissolution of marriage by common shared property of the spouses. At the same time, Mr. _____________ owns one-fourth of the named property, and Mr. ________________ owns three-fourths of the named property.

1.4 In case of dissolution of a marriage at the initiative of a person ________________ or as a result of her unworthy behavior (adultery, drunkenness, hooliganism, etc.), property acquired during marriage and related to the common joint property of the spouses is considered from the moment of dissolution of marriage joint property of the spouses. At the same time, Mr. _____________ owns three-fourths of the named property, and Mr. ________________ owns one-fourth of the named property.

2. Features of the legal regime of certain types of property

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

2.2 Shares and other securities acquired during the marriage (except for bearer securities), as well as dividends on them, belong during the marriage and in the event of its dissolution to the spouse in whose name the acquisition of shares and other securities is registered.

2.3 A share in the property and (or) income of commercial organizations acquired during a marriage is, during the marriage and in the event of its dissolution, the property of the spouse in whose name the acquisition of the specified share is registered.

2.4 Jewelry acquired by the spouses during the marriage shall, during the marriage and in the event of its dissolution, be the property of the spouse who used it.

2.5 Wedding gifts, as well as other gifts received by the spouses or one of them during the marriage, intended for the use of both spouses (except real estate) - a car, furniture, household appliances, etc. - during the marriage are the common joint property of the spouses , and in case of divorce - the property of the spouse whose relatives (friends, acquaintances, colleagues, etc.) made these gifts. Gifts received during marriage by the spouses or one of them from mutual friends (acquaintances, colleagues, etc.) and intended for the use of both spouses are, both during the marriage and in the event of its dissolution, the common joint property of the spouses.

2.6 Crockery, kitchen utensils, kitchen appliances acquired by the spouses during the marriage shall be the common joint property of the spouses during the marriage, and in case of dissolution of the marriage - the property of _____________________________.

2.7 The car acquired by the spouses during the marriage is during the marriage the common joint property of the spouses, and in the event of divorce, the property of ____________________________.

2.8 The land plot of _________________ area acquired by the spouses during the marriage before the conclusion of this agreement, located _____________________ and registered by ______________________________ (by whom, when) in the name of __________________, is the shared property of the spouses.
At the same time, Mr. _____________ owns two thirds of the named land plot, and Mrs. ________________ owns one third of this land. This condition comes into force from the date of registration of the spouses' shared ownership of the named land plot in the prescribed manner.

3. Additional terms

3.1 Property belonging to one of the spouses - by law or in accordance with the provisions of this agreement - cannot be recognized as the joint property of the spouses on the ground that during the marriage, investments were made at the expense of the common property of the spouses or the personal property of the other spouse, investments that significantly increase the value of this property. In this case, the second spouse has the right to proportional compensation for the value of the investments made.

3.2 If both spouses have the same type of registered property belonging to each of the spouses separately (two residential buildings, two summer cottages, two cars, etc.) and one of the spouses, by agreement with the other spouse, made in a simple written form , will alienate the registered property belonging to him, then after such alienation, the corresponding registered property of the second spouse of the same type becomes the common joint property of the spouses both for the period of marriage and in the event of its dissolution.

3.3 The city of _______________ grants the city of ____________ during the marriage the right to use (residence with the right to register a permanent place of residence - registration) owned by the city of _________________ on the right of ownership (or as a tenant) a residential building (apartment, room, residential premises), located at: _______________________________ ____________________________________________________________________________.
In the event of divorce, the right to use the said housing (the right to reside and register a permanent place of residence) for Mr. __________ is terminated. At the same time, the citizen ______________ undertakes, within three days after the dissolution of the marriage, to vacate the indicated housing, terminating the registration at the indicated address of his permanent residence in the prescribed manner.

3.4 Each of the spouses is obliged to notify their creditors of the conclusion, amendment or termination of the marriage contract.

4. Final provisions

4.1 The spouses are familiarized by the notary with the legal consequences of the legal regime of property chosen by them, including changes in the procedure for determining the estate.

4.2 This agreement shall enter into force: a) from the moment of its notarization (in case of conclusion of the agreement after the registration of marriage); b) from the moment of registration of marriage (in the case of the conclusion of the contract before the registration of marriage).

4.3 The costs associated with the preparation and certification of this contract, the spouses pay equally.

4.4 This agreement is made in triplicate, one of which is kept by a notary, ________________________________, the second is issued to the citizen ________________, the third is issued to the citizen ________________________

Gr-nin _________________

Are you or someone from your relatives and friends preparing for a significant event: the birth of a new family!? Then it will be useful for you to know that among the many different cases of preparation for the wedding, you should pay attention to such an important moment as the conclusion of a marriage contract. Many consider this an excess or an expression of distrust in the future spouse (or spouse), but, without knowing the whole essence of this matter, you should not make hasty decisions.
Any business, whether it concerns our personal or social life, should begin with the study of all its sides, both good and not so good. Of course, everyone, going to the registry office, is sure that their union will be eternal and happy and nothing in the world can overshadow it. But, alas, in our time the problem of divorce is becoming more and more urgent. MirSovetov will not go into the search for reasons, but will talk about how to prevent negative consequences for yourself in the future. As a Japanese proverb says, "Do your best and leave the rest to fate."

Marriage contract - what is it?

According to the family code, a prenuptial agreement is an agreement between spouses or people who are going to become them, about the rights to property and obligations during the period of marriage, as well as in case of its dissolution.
As you can see, a prenuptial agreement is needed not only in case of divorce. It can also provide for some aspects of the relationship. As you know, the best way to avoid misunderstandings and conflicts is to discuss all controversial issues in advance. The prenuptial agreement provides just such an opportunity. And, perhaps, by discussing the points of the marriage contract with your soulmate, you will learn a lot of new and useful things about each other, thereby preventing quarrels in the future.
In addition to the rights to own any property and obligations in matrimony, the marriage contract can stipulate the costs of maintaining the family, determine the share of wages that the spouses will spend on joint expenses for arranging the family hearth and which they will leave for their own needs. It may also concern issues of paying for the education of one of the spouses or children. A marriage contract can establish the maintenance obligations of the spouses, both for children and for themselves.
Based on my own experience, I want to note that knowing your rights in family relationships and having a marriage contract gives you additional confidence in your spouse and your own future.

When and how to draw up a marriage contract

It is never too late to draw up a prenuptial agreement, even if you have been married for many years. Although for those who are not yet married, it is better to think about it in advance and take into account everything that seems necessary to you. If the pre-wedding commotion completely took up all your free time, then this can be done after the honeymoon.
You can draw up such an agreement yourself, based on samples and supplementing with your own clauses. You should note that the contract must include the following:
  1. Date of its compilation.
  2. your passport details.
  3. Your addresses of permanent residence (or registration).
  4. Personal signatures.
  5. Annexes describing the property and its distribution between the spouses, also certified by signatures indicating their number in the header, the date of compilation and a link to the contract to which it refers.
  6. The contract and all appendices to it are made in triplicate.
You can apply to any law firm that works with individuals to get a professionally drafted prenuptial agreement. Then you will not have to delve into all the intricacies of drawing up a contract, they will not only do it for you, but they will also tell you what needs to be added and what to remove. The cost of such a service is from 10,000 rubles.

Notarization

Why is it necessary to draw up a contract in triplicate? The fact is that the marriage contract is valid only after it is certified by a notary. This is done in order to establish and confirm the existence of the contract itself and the contractual relationship, as well as to exclude the presence of conditions in it that could harm you.
The notary checks the correctness of the drafting of the contract (even if it is drawn up by a specialist), confirms your free will in the contract, makes sure that the agreement is drawn up by you in a sober mind and firm memory, which is a necessary condition for the entry into force of all the stipulated conditions.
Having certified the marriage contract, the notary will return two copies to you (one for the husband, the second for the wife), and the third will remain with the notary and will be kept in the archive. For what? Firstly, to confirm the existence of an agreement with state authorities, if necessary, and secondly, if you lose your copy of the contract, you can restore the data.

What can be written in a prenuptial agreement

Let's clarify what exactly can be included in the marriage contract. As mentioned earlier, the marriage contract defines property rights and obligations for the duration of the marriage and after its dissolution. What is meant by this?
First of all, movable and immovable property. This includes apartments, cottages, cars, furniture and everything that can be taken or given away. The marriage contract specifies in what part and what each of the spouses owns. There can be both full (that is, 100% owned by one spouse) and partial (shared) ownership, for example, of an apartment. Shares are most often determined from considerations of the costs of acquiring property. For example, my husband and I decided in our contract to prescribe that the apartment in which we live belongs to us in equal shares, that is, each ½ share, since we incurred the acquisition costs in equal shares. And the right to own a car belongs only to me, and in the event of a divorce, the husband will not claim it.
Second, you can specify monetary obligations: the cost of maintaining an apartment, car, cottage, for example. We are talking about costs that are always present in our lives. You can also specify the amounts that spouses will pay to each other in unforeseen situations (for example, due to illness). If one of you during the marriage is engaged in housekeeping and raising children, then it can also be prescribed that in the event of a divorce, the non-working spouse will receive alimony for his maintenance for a certain period of time. When drawing up our marriage contract, for example, we decided that the husband would pay alimony for my maintenance for three years if we divorce before the son turns three years old, and for 1.5 years if the son is older than 3, but under 18.
Thirdly, it is possible to provide any other rights and obligations, which you want to secure among themselves, if this does not contradict the interests of one of you. For example, it could be business ownership if one of you is engaged in entrepreneurial activities. Or ownership of copyright for books, if one of you is a writer, the same can be said about paintings and other things created by your own hands.

What can not be written in a prenuptial agreement

Now let's try to figure out what conditions cannot be included in your contract. The family code states that such conditions include any restrictions on the individual's legal capacity and capacity.
Firstly, clauses prohibiting one of you from working or conducting any other activity related to receiving payment for your work (for example, there are families in which husbands are categorically opposed to the wife working).
Secondly, paragraphs regarding the obligations for the upbringing and maintenance of children, as this is contrary to the law. That is, parents cannot agree that one of them will not be engaged in the upbringing or maintenance of children.
Thirdly, the marriage contract cannot establish prohibitions on going to court to protect their rights. Therefore, if you want to prove and defend your rights through the court, during the period of marriage or after a divorce, your significant other will not be able to interfere with you, and if such conditions are still in your contract, then it will be declared invalid.
AND, fourthly, the marriage contract cannot contain conditions establishing the personal relationship of the spouses. You can’t write what your relationship will be like, for example, in terms of spending a joint vacation or in intimate life, in communication or in something else. So it is hardly possible to write on what topics you will communicate, how often you will go to the cinema or cafe, or how much time per day you will devote to each other. You will have to agree on this on your own, because without this it simply does not happen in life, even if there is complete mutual understanding between you.

Contract time

A prenuptial agreement, like any agreement, has a certain period of validity. It can be set by you at the moment of conclusion, for example, for 2-3 years or indefinitely, that is, for life. But in the case of the contract loses its force, as it loses relevance. Only those items that relate to life after divorce remain valid. For example, if you prescribed maintenance obligations for the maintenance of one of the spouses or secured for someone the sole right to own part of the property.
It is possible to conclude an agreement on termination of the contract by common consent of the spouses. It is possible to make changes or additions to your marriage contract, if necessary.
The possibility of terminating the contract by going to court is not ruled out, when the contract does not meet the requirements of the law or violates the rights of one of the spouses. You can apply to the court in order to challenge the contract if at the time of its signing you were in error (or ignorance) of some important facts, as well as under threat or being in a hopeless situation at the time of signing.

And finally...

Above, I briefly talked about what a marriage contract is, how to draw it up, how to conclude, what makes sense to take into account and what does not in the terms of the contract. In Russia, the conclusion of a marriage contract is just beginning to develop and is most often resorted to by people running their own business, while abroad it is the generally accepted norm of married life.
MirSovetov would like to note another important plus of having a marriage contract for spouses. The fact is that people who are married are liable for each other's debts, for example, if the husband takes a loan and cannot pay it off, the creditor has the right to go to court and collect the debt through the bailiff service, by seizing property in order to its sale and debt repayment. If you have a marriage contract in which the right to own property is distributed between the spouses, then the property belonging to the wife cannot be subject to seizure and seizure. But this will not help if the conclusion of the agreement was made later than the execution of such a loan.

I hope I managed to briefly explain to the reader that having a prenuptial agreement is not just a way to test your partner’s trust and retain the right to own what belongs to you in case of family discord, but also an additional number of advantages in your life together. And if you have so far been opposed to the conclusion of such agreements, then there is reason to think and possibly reconsider your point of view.