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Why do we need a marriage contract for a modern family. A marriage contract: how to conclude it and how not to make a mistake

A written agreement concluded between the spouses, certified by a notary and governing property matters. For the first time, the concept of such a contract arose in ancient Rome, where marriage was considered as an agreement on property issues. According to the modern Family Code of the Russian Federation, by signing a marriage agreement between spouses, various issues of ownership of movable or immovable property can be settled. This contract may establish different ways and shares of property for each of the spouses. Also, the marriage contract often prescribes the costs that both spouses bear, for example, mortgage payments, as well as the costs of maintaining each other throughout the marriage, payments and expenses after the official one.

A marriage contract is drawn up by the spouses themselves or by lawyers, when contacting a law firm. There is no need to register an agreement, but such a contract must be notarized.

Marriage agreement for already legally married

According to the current legislation of the Russian Federation, a marriage contract can be concluded at any time... However, for couples who are in the so-called, without formalizing the relationship, it makes no sense to conclude a marriage contract: it begins to act from the moment. At the request of the spouses, conditions may be included in the contract under which the agreement comes into force, for example, the birth of a child.

The prenuptial agreement is supposed to be drawn up in writing and, as already mentioned, it must necessarily be notarized. The amount of payment for notary services varies depending on the complexity of the agreement, which is established, and necessarily includes a state fee in the amount of 500 rubles.

The marriage contract may contain all the issues governing the disposal of movable and immovable property. However, the rest of the points that do not concern property disputes cannot be included in the marriage agreement. Among the conditions that cannot be included in a marriage contract are:

  • regulation of personal relations between husband and wife;
  • conditions on the rights of a husband or wife to joint children;
  • conditions that limit one of the spouses in the rights of a citizen, for example, a ban on going to court, a ban on drawing up a will, a ban on doing business.

When is a marriage contract invalid?

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

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

  1. clauses of the contract are contrary to the law;
  2. the contract is fictitious;
  3. one of the parties has been declared legally incompetent due to mental illness or any other reason;
  4. the agreement was concluded by misleading one of the parties, for example, one of the spouses transferred expensive property to the other, because he was sure that it was not expensive;
  5. the contract is "enslaving", that is, it was concluded with a disadvantage for the wife or husband, by deception, violence, threat or under unfavorable circumstances;
  6. at the time of signing the marriage contract, one of the parties could not be aware of their actions;
  7. the agreement is executed incorrectly and does not correspond to the established form.

How to conclude a prenuptial agreement during marriage: step by step instructions

In order to arrange prenuptial agreement after marriage required:

  1. Decide on the conditions that need to be written in the contract. The marriage contract may contain property clauses about the division of joint property after a divorce, the maintenance of each other, the distribution of family expenses and income.
  2. Draw up a marriage agreement. You can do this yourself using a model agreement, but it is better to contact a law firm, since lawyers will be able to take into account all peculiarities and the nuances of your agreement.
  3. Prepare a package of necessary documents. To conclude a marriage agreement, you must provide:
    • identity cards from husband and wife;
    • the right to own movable or immovable property;
  4. Visit a notary. Those wishing to conclude a marriage contract can contact any notary, it is not necessary to go to a notary office, which is geographically located in the area of ​​residence.

The contract must be executed in writing on notarial forms in triplicate, two of which go to each of the spouses, and the third remains with the notary.

Common questions about concluding a marriage contract

Question: If the spouses have been married for more than 20 years, can they conclude a prenuptial agreement?

Answer: Yes, according to paragraph 1 of Article 41 of the Family Code of the Russian Federation, married citizens can sign a marriage contract at any time. The contract will enter into force immediately, while those concluding a marriage contract will have to wait for registration at the registry office before the formalization of the relationship, since the contract will take effect only after the conclusion of the marriage union.

Question: Is it possible to include in the marriage contract a condition that after divorce the children must live with their father?

Answer: No. According to clause 3 of article 42 of the RF IC, a marriage contract cannot relate to any issues other than property. If there are conditions in the contract that do not correspond to the current Family Code, the contract is invalid and can be challenged in court.

An example of a court proceeding to invalidate a marriage contract

Let us consider in detail a situation that is controversial and needs to be tried.

The spouses have been married for about ten years and have two young children. With the help of joint funds, an apartment was acquired in the name of her husband. Later, the spouse persuaded his wife to conclude a prenuptial agreement, according to which, after a divorce, the wife has no right to claim real estate. After a while, the family decided to divorce. The court ruled that young children live with their mother, however, according to the marriage contract, a woman is not entitled to an apartment bought with her husband. To challenge the terms of the contract, the wife filed a statement of claim in court.

Given that the spouse after the divorce is left without a living space with two minor children, the court will consider such conditions unfavorable. Since the clauses according to which the apartment after the divorce is completely owned by the husband put the wife at a disadvantage, then, according to paragraph 2 of clause 44 of the article of the RF IC, the terms of the marriage contract become invalid and canceled. Further division of property is carried out in accordance with the legislation, which prescribes equal shares for both spouses.

Conclusion

  1. It is possible to conclude a marriage contract both before the official registration of the relationship, and while already being married.
  2. The marriage contract becomes legal only after the registration of the marriage union at the registry office.
  3. The marriage contract must be notarized; it is not required to register it in any registers.
  4. You can choose any notary, regardless of where you live.
  5. The subject of a marriage contract can be only issues affecting the topic of property, other items regulating, for example, the rights of spouses regarding children, cannot be included in the agreement.
  6. A marriage contract that includes clauses that violate Russian law can be declared invalid in court.
  7. Signing a marriage agreement with a person who is incapacitated for any reason is illegal and can be challenged in court.
  8. The entire marriage contract or its individual clauses, which put one of the spouses in a disadvantageous position after the divorce, can be invalidated by filing a statement of claim with the courts.

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

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

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

This is the beginning, without which nothing will budge. Spouses need to come to a consensus on all points and discuss them orally, and only then 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.). Fidelity or housekeeping issues, the obligation to “have” a child and other non-property future plans cannot be included in its content.

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

2. Draw up a marriage contract

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

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

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

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

3. Appear personally to a notary to certify the contract

You must definitely come together, having with you:

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

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

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

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

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

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

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

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

5. Get your copy of the contract

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

Who can enter into a marriage contract

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

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

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

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

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

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

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

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

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

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

Termination and amendment of the marriage contract

The marriage contract can be terminated in the following cases:

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

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

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

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

How is a prenuptial agreement for a mortgage

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

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

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

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

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

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

Favorable terms of the mortgage marriage contract

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

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

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

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

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

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

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

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

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

How much does it cost to conclude a marriage contract

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

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

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

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

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

Are you or someone from your relatives and friends getting ready for a significant event: the birth of a new family !? Then it will be useful for you to know that among the many different things to do in preparing 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 of the future spouse (or spouse), but, not 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 aspects, both good and not so. Of course, everyone meeting in the registry office is sure that their union will be eternal and happy and nothing in the world can darken 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 one Japanese proverb says: "Do what you can, and for the rest, rely on fate."

A marriage contract - what is it?

According to the family code, a marriage contract is an agreement between spouses or people who are going to become them, about the rights to property and obligations during the marriage, as well as in the event of its dissolution.
As you can see, a prenuptial agreement is needed not only in case of divorce. It can 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, discussing the points of the marriage contract with your significant other, 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 responsibilities in the marriage, in the marriage contract it is possible to 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 relate to the issues of paying for the education of one of the spouses or children. The marriage contract can establish the alimony obligations of the spouses, both for the 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 marriage contract, even if you have already 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 you think is necessary. If the pre-wedding commotion has taken 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 adding your own points. You should take into account that the following must be included in the contract:
  1. Date of its compilation.
  2. Your passport details.
  3. Your permanent residence (or registration) addresses.
  4. Personal signatures.
  5. Attachments describing the property and its distribution between the spouses, also certified by signatures indicating their number in the header, the date of drawing up and a link to the contract to which it relates.
  6. The agreement and all annexes to it are made in triplicate.
You can contact any law firm that works with individuals to get a professionally drafted prenuptial agreement. Then you do not have to delve into all the intricacies of drawing up a contract, they will not only do it for you, but also prompt what needs to be added and what should be removed. The cost of such a service is from 10,000 rubles.

Certification by a notary

Why is it necessary to draw up a contract in triplicate? The fact is that a marriage contract is valid only after it has been certified by a notary. This is done in order to establish and confirm the existence of the agreement itself and the contractual relationship, as well as to exclude the presence of conditions in it that may harm you.
The notary checks the correctness of the contract (even if it was drawn up by a specialist), confirms your free will in the contract, makes sure that the agreement was drawn up by you in a sober mind and firm memory, which is a prerequisite for the entry into force of all the agreed 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 agreement, you can restore the data.

What can be prescribed in a marriage contract

Let's clarify what exactly can be included in a prenuptial agreement. 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, summer 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 either full (that is, 100% owned by one spouse) or partial (fractional) ownership, for example, an apartment. Shares are most often determined based on the cost of acquiring the property. For example, my husband and I decided to prescribe in our contract that the apartment we live in belongs to us in equal shares, that is, to each one 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, my husband will not claim it.
Secondly, you can specify monetary obligations: the cost of maintaining an apartment, car, summer house, for example. We are talking about costs that are always present in our life. You can also specify the amount that spouses will pay for each other in unforeseen situations (for example, due to illness). If one of you is engaged in household chores and raising children during marriage, then you can also prescribe that in the event of a divorce, the unemployed spouse will receive alimony for his maintenance for a certain period of time. When drawing up our marriage contract, for example, we decided that my husband would pay alimony for my maintenance for three years if we divorce before our son turns three years old, and within 1.5 years if the son is older than 3, but under the age of 18.
Thirdly, one can envisage any other rights and obligations, which you want to consolidate among themselves, if this does not contradict the interests of one of you. For example, it can be business ownership if one of you is engaged in entrepreneurial activity. Or the ownership of the copyright for books, if any of you are a writer, you can also say about paintings and other things created with your own hands.

What cannot be prescribed in a marriage contract

Now let's try to figure out which conditions cannot be included in your agreement. The Family Code stipulates that such conditions include any restrictions on the individual in legal capacity and capacity.
At first, clauses prohibiting one of you to work or conduct any other activity related to receiving payment for your work (for example, there are families in which husbands are categorically against the wife to work).
Secondly, clauses regarding the responsibilities for the upbringing and maintenance of children, as this is contrary to the law. That is, the parents cannot agree that one of them will not be involved in the upbringing or maintenance of the children.
Thirdly, the marriage contract cannot establish prohibitions on going to court for the protection of their rights. Therefore, if you want to prove and defend your rights through the court, during 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 invalidated.
AND, fourthly, a prenuptial agreement cannot contain conditions that establish the personal relationship of the spouses. You cannot write what your relationship will be, 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 movies or cafes, or how much time per day you will devote to each other. You will have to agree on this on your own, since 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 specific duration. It can be established by you at the time of imprisonment, for example, for 2-3 years or indefinitely, that is, for life. But in the event, the agreement loses its validity, as it loses its relevance. Only those clauses that relate to life after divorce remain valid. For example, if you have prescribed alimony obligations for the maintenance of one of the spouses or secured for someone the sole right to own part of the property.
You can conclude an agreement to terminate the contract by mutual consent of the spouses. It is possible to make changes or additions to your marriage contract, if required.
The possibility of terminating the contract through an appeal to the court is not excluded, 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 position at the time of signing.

And finally ...

Above, I briefly talked about what constitutes a marriage contract, how to draw up it, how to conclude, what makes sense to take into account and what is not in the terms of the contract. In Russia, the conclusion of a marriage contract is just beginning its development and most often people running their business resort to it, while abroad it is a generally accepted norm of married life.
MirSovetov would like to note one more important plus of having a marriage contract for spouses. The fact is that people who are married are responsible for each other's debts, for example, if the husband takes out a loan and cannot pay off, the creditor has the right to go to court and collect the debt through the bailiff service, by seizing property for the purpose of selling it and paying off debt. If you have a prenuptial agreement 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 contract was made later than the registration of such a loan.

I hope I was able to briefly explain to the reader that having a marriage contract is not just a way to check on the trust of a partner and retain the right of ownership of what belongs to you in case of a family breakdown, 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 a reason to think and possibly reconsider your point of view.

A marriage contract is an agreement between citizens who are getting married, or the consent of the spouses, which determines the property rights and obligations in the marriage of the spouses and (or) c.

This agreement is certified by a notary, when the agreement is concluded before the wedding, it begins to operate from the moment of state registration of marriage relations, if the spouses are parties to the agreement, the agreement begins to operate from the moment of certification by a notary.

What is a document

In accordance with the Family Code of the Russian Federation, Art. 40 marriage contract is the consent of the people getting married, or the consent of the spouses, which determines the property obligations and rights in the marriage of the spouses and (or) upon its dissolution.

Provides an opportunity for this provision to spouses independently by their agreement determine their property obligations and rights during the period of marriage and in the event of their termination.

This document is one of the subspecies of a civil law contract, which has certain specifics. Compared with other civil law agreements, its features are: individual subject composition, subject matter and content of the contract. In this case, the content is in accordance with the basic requirements for civil transactions, both in content, in the form of conclusion, and in the freedom of civil expression.

The subject of the document can only be the person entering into marriage and the spouse. It seems that for the purpose of determining the parties in a marriage contract, persons who have entered into marriage should be understood as persons who have expressed their intentions to marry by filing an application with the relevant bodies for registering an act of state of persons.

The objects of regulation are the establishment of the legal property regime of the spouses. The peculiarity of the subject of the contract is that the conditions may relate not only to existing property rights, but also to future rights and objects that the spouses may acquire during the period of official relations.

The introduction of a marriage contract into the family legislation of Russia does not mean that upon marriage, all persons or during the period of marriage are obliged to conclude this contract. The legislation only grants the future spouses, as well as the current spouses, the right to independently determine each property marriage relationship in the marriage contract, but they are not obliged to do so.

Currently, most citizens do not want to conclude this document if their property consists mainly of consumer goods. Their relationship in this case will be regulated by the rules on the legal regime of the marital regime (RF IC, Articles 33-39).

In modern conditions, it should be mainly of interest to a spouse-entrepreneur, who wishes, in the event of a divorce, to protect his company from the division of all property. In addition, the conclusion of a marriage contract allows the husband and wife to avoid disputes that often arise after the termination of the marriage.

In the developed countries of the West, legislation has long recognized the appropriate conclusion of this agreement. The Institute has these features in different countries, but its main goal is to provide spouses with ample opportunities to determine their property relations in marriage so that they can deviate from the property regime, which is established by law, acting automatically from the moment of registration of the marriage.

As a rule, the practice of concluding such an agreement exists in wealthy families. The subject of the marriage contract determines the ownership of the matrimonial property that belonged to the husband and wife before marriage and acquired in the process of marriage, sometimes property sanctions are provided if filed for divorce.

Subsequently, when resolving the dispute, the court between the spouses will be guided not by legislative prescriptions, but by the provisions of the drawn up document.

What does the marriage contract include?

Article 42 of the RF IC provides for the content of the marriage contract. The Family Code does not limit the range of issues regarding matrimonial property that can be documented. Basically this circle covers four types of relationships.

  1. Spouses have the right to change the property regime established by law both in relation to premarital property and in relation to property acquired in marriage, and it is determined that the regime of shared or common - joint ownership will be extended to the premarital property of the spouses or to its individual objects. Items acquired by them in marriage can be considered documented as being in or shared ownership of citizens. These provisions may not apply to all acquired property in a marriage, but only to its individual sub-clauses. These provisions may apply both to property owned by spouses and to finances and items acquired in the future.
  2. Spouses have the right to establish a regime for themselves that combines individual signs of community and separateness. For example, current income will be jointly owned by spouses, and items used in business will be separated.
  3. The spouses have the right to define in the contract their rights and obligations for the distribution of finances. This provision applies both to everyday expenses and to other expenses, for example, for the education of a family member, for the improvement of property or the maintenance of objects belonging to two spouses or one of them. In the marriage contract, the spouses may stipulate conditions by mutual content. These conditions must comply with the requirements of the SK Chapter 16. The amount and procedure for alimony payments by one of the spouses for the maintenance of the second spouse can be determined in a separate agreement on the payment of alimony (SK Article 99).
  4. The spouses have the right to define in the document the property that will be transferred to each of them in the event of termination of the relationship. The inclusion of such a condition in the contract is especially advisable in cases when one of the spouses did not have any income during the marriage, but was engaged in caring for the children and the household, and may find himself in a difficult situation after the dissolution of the marriage without adequate material support. In such cases, the question inevitably arises about the reasons for the dissolution of the marriage relationship, and in the event of a divorce, it is advisable to link the provision of property in the document with the presence of separate conditions.

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

Prenuptial agreement during marriage

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

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

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

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

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

How to conclude a prenuptial agreement during marriage: stages

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

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

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

Sample marriage contract

When is a marriage contract invalid?

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

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

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

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

Conclusion

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

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