Conclusion and preparation of a marriage contract with a notary: prices and costs

Family law > Marriage contract > How much does it cost to register a marriage contract with a notary?

It is subject to mandatory certification by a notary. The cost of a marriage contract from a notary may vary depending on the actual services provided.

The conclusion of this agreement has several successive stages, on which the final price of the notary’s services will depend.

Stages

A prenuptial agreement is a bilateral agreement regarding certain property rights of both parties and their responsibilities while they are married and after its dissolution.

An important feature of this transaction is its voluntary nature. Therefore, the spouses must want to enter into this agreement and must agree with the signed terms.

The stages in concluding a transaction will be the following:

1. First of all, the spouses should discuss all the important points of their contract. They must find compromises on every controversial property issue. It is important to know that the contract should only stipulate property relations or obligations of the parties. The inclusion of other agreements in the contract may result in its invalidity.
2. Next, all agreements must be transferred to the terms of the contract. It must contain the rights and obligations of each party. The agreement cannot be drawn up in such a way that it would infringe upon constitutional human rights. In this case, this agreement can be challenged.
3. Drawing up the contract in accordance with legal requirements. All mandatory clauses of the contract must be observed, such as the date and place of drawing up, full information about the participants and their signatures.
4. After this, the signed and executed agreement is certified by a notary with his signature and the seal of the office. He must first check it for compliance with all legal standards.
5. Any subsequent changes and termination of the contract are also certified by a notary.
6. After certification of the provided agreement, the notary enters information about the certified document into the electronic register of the unified notary system.
7. The marriage contract must be drawn up in three copies, two of which are given to the spouses, and one remains in the notary’s office in the archives.

The notary is obliged to keep secret any information he receives from citizens. In the event of disclosure of information contained in the marriage agreement, he will be obliged to compensate the parties for the harm caused.

Documentation

It is important to know that during a visit to a notary to certify an agreement, you need to have with you not only 3 copies of the drawn up agreement, but also a mandatory package of documents.

These include the following papers:

• passports of both spouses;
• passport or certificates of children, if the couple has them;
• marriage certificate, if the family union is already officially registered;
• all documents confirming ownership of the property specified in the contract;
• some other papers, at the discretion of the notary, if he considers it necessary to have them to verify the authenticity and legality of the drawn up agreement.

Based on the listed stages, the only mandatory requirement that requires the services of a notary is the certification of the drawn up agreement and all its subsequent changes.

Price

Many citizens do not know how to correctly draw up this agreement and what requirements are imposed on it.

If the notary finds violations in the drawn up agreement, he will not notarize it. However, he can offer his services to make the correct changes, after which the contract will be certified by him.

So, in order to find out how much it costs to draw up a marriage contract with a notary, you must first decide on the services that will be required from him.

This price includes the following notary services:

• checking the contract itself for its authenticity and compliance with legislative acts;
• checking information about the parties to the agreement with their documents;
• verification of documents that confirm the actual existence of property, their legal affiliation with the parties to the transaction;
• clarification and consultation of spouses regarding the rights and obligations that they acquire by signing this agreement;
• providing advice if spouses need to make changes to the drawn up contract.

These services will be provided for a fixed fee, which is the same for all notaries in all regions of Russia.

But how much the price of services costs when signing and drawing up a marriage contract with a notary must be clarified individually in each notary office. Because the cost of drawing up a contract is not regulated by law.

Accordingly, various notary offices can set their own price list for the provision of legal services.

In addition, it is important to know that making copies of documents will also be a paid service . Therefore, before visiting a notary’s office, it is important to prepare not only a complete package of documents, but also their copies.

Therefore, before going to a notary, you first need to find out the prices of various notary offices for the cost of drawing up a marriage contract and making changes. After that, you can choose the most suitable one and head to it.

If the spouses know for sure that they do not plan to use additional services of a notary’s office, then the cost of certifying the agreement will be the same for them.

If we calculate the total cost that a notary can charge for drawing up and certifying an agreement from scratch, it will be calculated as follows:

1. Conducting consultations with spouses and explaining all the legal consequences of each drafted clause that they wish to include in the contract. The cost of this service is on average 2000 rubles.
2. The preparation of the document itself, taking into account all the desired points of the spouses, will cost about 10 thousand rubles.
3. Collection and verification of all necessary documents, which will confirm the existence of rights to certain property of each family member, can cost up to 30 thousand rubles, depending on the volume of documentation.
4. And certification by a notary of the drawn up agreement - 500 rubles.

Thus, the total cost of drawing up and certifying a marriage contract can cost a couple 42,500 rubles . This is an approximate cost of services, which may vary individually in each case.

And it will depend directly on the price list for services in a notary’s office and on the amount of work that the notary will have to do.

Privileges

The Tax Code provides benefits for certain categories of citizens, which are provided when applying for the services of government bodies . Simply put, they have a discount or are completely exempt from paying government duties.

Accordingly, on the basis of Article 338.38 of this legal act, disabled people of the first and second groups can receive a discount of half the cost (250 rubles) at the expense of the state in order to certify a marriage contract.

Citizens who bequeath their property to the state and its subjects can certify a marriage contract completely free of charge.

These benefits apply only to the duty itself, but do not apply to additional paid services. Therefore, their cost will also have to be clarified additionally.

Payment order

You must pay the fee for the notary's contract certification services directly at his office. Most notary offices now provide the possibility of non-cash payments using a bank card.

The notary does not have the right to independently underestimate or overestimate the duty established by law. Its size can be reduced only in cases determined by law when a person is provided with such a benefit.

After making the payment, the client (in this case, one of the spouses) is required to sign the journal . This journal is kept to organize control of all notarial activities performed by the office.

This log contains the personal data of the customer of the service, the name of the service itself, its cost, the date of provision and the customer’s signature.

On the last page of the executed document, the notary must put a note about the cost of the service provided. Or this information may be provided on a separate receipt.

This mark contains the name of the notary office, personal information about the notary, the type of service and its cost.

Based on this mark, the spouses will always be able to remember which office they contacted . And in the event of a move or closure of an office, the spouses will be able to obtain information from any notary office through a common notary database about the actual location of the original.

To make changes, you will need to contact the address where the original is located.

Thus, the cost of registering a marriage contract with a notary may vary. The certification process itself is regulated by law and has a fixed cost of a mandatory fee.

To pay this fee, some categories of citizens have benefits provided by the state.

For the provision of additional services, a notary's office can charge any price . Therefore, the total cost of registering a contract in different offices can vary significantly.

Before visiting a notary, it is important to choose in advance a more profitable office where the cost of additional services will be minimal.

Video: Advice from a notary. We discuss the nuances of drawing up and executing a marriage contract

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The price of concluding a marriage contract with a notary

To prepare a draft marriage contract, the spouses invite a notary. It is difficult to understand on your own such a new concept for many as a marriage contract. The cost of concluding a marriage agreement with a notary will depend on a number of factors.

The task of a notary when concluding a marriage contract

With the adoption of the Family Code of the Russian Federation, the concept of a marriage contract appeared in Russian family legislation. The need for its introduction was dictated by a change in the economic system.

With the advent of private property, securities, and private legal entities, property owned by spouses acquired such weight that a special instrument was required to regulate the right to own it - a marriage contract .

From the definition of a marriage contract (Article 40 of the RF IC) it follows that it can be drawn up by both married couples and those who are just planning to register a family union.

Without the help of a notary, it is unlikely that anyone will successfully cope with such a situation. An expert in legal provisions will not only certify the legality of the transaction, but will also help prepare the contract and explain to the couple the consequences of including various conditions in it.

By law, a marriage agreement has no legal force unless it is certified by a notary. The cost of registering a marriage contract with a notary is not the lowest, but costs should not stop you.

Firstly, they cannot be called unaffordable. Secondly, the notary, if the couple independently prepared the draft agreement, will only check for errors, incorrect wording and incorrect interpretations.

The prices for this service are more reasonable. This is an important stage where you should not skimp. A prenuptial agreement may be declared invalid if it is incorrectly drawn up.

In case of divorce, the property will be divided equally (Article 34 of the RF IC).

Without a notary's signature, the marriage contract has no legal force and cannot be declared as a document confirming the rights of the plaintiff in the event of litigation.

Preparing a marriage contract is not an easy job, which a person ignorant of legal issues will not do competently.

Typically, the couple can prepare a rough draft of the requirements and terms they would like to see in the finished document.

The notary’s task is to correct the data, provide for possible nuances, and take into account all the wishes of the clients that do not go beyond the law. Despite the hefty price of a prenuptial agreement, the expense is worth it. The agreement will eliminate claims and conflicts during the division of property if family life does not work out.

What documents will be needed to conclude an agreement?

When going to the notary chamber, where the contract will be certified, you need to have the following documents with you:

1. The contract, if prepared independently, in triplicate.
2. Passports. A couple who is already married must present a marriage certificate.
3. Documents for the property that appears in the contract (originals and copies). If there are no original documents, the notary has the right to refuse registration.

At the reception with a lawyer, the couple presents all documents. After checking the authenticity of the documents and adjusting the contract, if necessary, the contract is signed by the clients and the notary. The latter also makes an entry in the register about the completion of the transaction and receives payment. The procedure is considered complete.

What determines the cost of the marriage contract service?

The cost of drawing up a marriage contract depends on many factors. The price of the service will be affected by:

• Complexity of the contract. If the conditions expressed by clients are not the simplest, there are many requirements, this leads to an increase in the cost of work.
• The amount of documentation that a notary will have to study
• Urgency.
• Fame, reputation of the notary's office, its location.
• Tariffs for a specific specialist. The state regulates prices only for notary services. The cost of the rest of the service is set by the notary himself.
• Additional services and prices for them. If customers wish to receive additional services, this will also affect the price increase.

The large volume of real estate and other property specified in the contract will affect the price of the work. At the same time, a detailed description of all requirements and conditions is necessary. This will protect the couple from future ambiguities and disagreements.

The final price of a marriage contract will depend on the number of services provided.

The Tax Code establishes how much it costs to have a contract certified by a notary. The price of notarization services is the same throughout the Russian Federation, regardless of the geography of the region.

The service of checking the compliance of the contract with the norms of the law, checking the authenticity of documents, identifying the identity of applicants, checking information to ensure it matches documentary evidence, and explaining a couple of legal provisions is estimated at an amount starting from 5 thousand rubles . The upper limit of the fee is set individually in each specific case.

Additional notary services

The cost of additional services that are not notary services is not regulated by law. The notary has the right to independently set the price for additional services. The cost of a marriage contract depends on the cost of additional services, which are:

1. Making copies and typing, completing files.
2. Collection of documents necessary for drawing up a contract.
3. Drawing up a contract.
4. Amendments to the marriage contract. With the consent of the husband and wife, changes can be made at any time according to their wishes. A separate document is drawn up and attached to the text of the contract. The additional document is also certified by a notary.
5. Termination of the marriage contract. Possibly with the consent of the couple. A separate document must be drawn up and certified by a notary.

Drawing up a marriage contract is a rather delicate matter, as there is an ethical issue. One spouse may accuse the other of lack of trust. This is an undoubted disadvantage of the conclusion of this document. However, there are also advantages. Which ones exactly - read in this article

If only one of the spouses is ready to liquidate the marriage agreement, he will have to do this in court.
Payment of the cost of registration of a marriage contract

After all the documents have been collected, the contract has been drawn up and signed by the married couple and certified by the signature and seal of a notary, a state fee of five hundred rubles is paid (mandatory in accordance with Article 333.24 of the Tax Code of the Russian Federation) and the cost of additional legal services is paid.

The transfer of money is carried out at the notary's office. Having paid the registration fee, the customer enters his name in the register of notarial acts and signs. The journal contains information about the type of service provided, its cost, and the date of the transaction.

A note on payment of the state duty and the amount for additional services is also made by the notary on the last page of the marriage contract.

Conclusion and preparation of a marriage contract with a notary: prices and costs

Home / Marriage contract / Drawing up a marriage contract with a notary: price review

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Article 41 of the Family Code of the Russian Federation states: a marriage contract must be drawn up in writing and must be certified by a notary.

It follows from this that the spouses themselves can prepare a draft contract: reach agreement on all essential points and put them in writing. And then contact a notary to have the document certified. Looks very attractive, doesn't it?

After all, the tariffs of law firms and notary offices are quite high. On average, the service of developing a draft marriage contract by professionals ranges from 5 to 10 thousand rubles. Why not save this amount by figuring it out yourself?

There is one “but”. It is not so easy for the average person to understand the intricacies of such a new concept for Russian jurisprudence as a marriage contract.

Firstly, it appeared in legislation not so long ago. And the practical application of these legislative norms among our compatriots is still very rare. Therefore, in matters of developing and applying the provisions of a marriage contract, Russian lawyers are guided by the experience of Western countries, taking into account the realities of Russian legal relations.

Secondly, it is necessary to take into account that an incorrectly drawn up document may be invalid. And all property legal relations that the spouses wanted to settle contractually will be subject to legal procedures. This is stated in Article 44 of the Family Code of the Russian Federation.

Is it worth the risk if we are talking about large sums of money or valuable property of the spouses?

The role of a notary in concluding a marriage contract

Firstly, thanks to the notary mark, the document acquires legal force. Indeed, according to the requirements of the law, this document must be certified by a notary.

Secondly, the participation of a notary in drawing up a marriage contract allows you to avoid mistakes that entail the recognition of the document as invalid. With the help of a notary, the marriage contract acquires a legally correct form and content that corresponds to the real needs of the married couple.

As for assistance in drawing up an agreement, such a service is provided not only by notaries, but also by law firms or private lawyers.

Moreover, some lawyers not only help in collecting the necessary documents, expert assessment of the value of property, drawing up a marriage contract and making changes to it if necessary, but also provide mediation services in notarizing it.

But! Even with full legal support for the process of drawing up a marriage contract by a competent professional, only the signature of a notary can give it legal force. Therefore, a visit to a notary is inevitable.

The procedure for concluding a marriage contract with a notary: drawing up, checking, signing and notarization

Where to contact

You can draw up a draft contract at any law firm that provides services for drafting contracts.

It is advisable to choose a law firm not based on convenient location or low prices, but on positive reviews and a well-deserved reputation.

You need to understand that an incorrectly or inaccurately drawn up marriage contract, at best, will not live up to the expectations placed on it, and at worst, it will lead to sad consequences for the spouses.

For example, if the contract turns out to be invalid, all property legal relations between spouses will be regulated by the law.

A marriage contract can be certified at any notary office. Some notaries also offer the service of drafting a marriage contract.

Draft marriage contract

Those couples who immediately turned to a notary, bypassing law firms, will have to be patient.

Even if they brought with them their own draft agreement, the notary will have to carefully check it for errors and inaccuracies.

And if a man and a woman came empty-handed, but with the firm intention of concluding an agreement, there will be a long and laborious work to draw it up.

The process of drafting a contract can take from several hours to several days. But the document will contain real mutual agreements between men and women, protect their rights and ensure the fulfillment of responsibilities, and guarantee confidence in the present and future.

What documents do you need to take with you?

First of all, you need to have the draft marriage contract itself, if it has already been drawn up (preferably, not only in printed form, but also in digital format). 3 copies of the agreement are required: one for the spouses, one for the notary.

Spouses must take with them their passports and marriage registration certificate (if the marriage has already been concluded).

In addition, originals and copies of the following documents are required:

• certificates of ownership or an extract from the Unified State Register of Property for the property provided for in the contract;
• contracts, sales receipts, receipts - documents confirming the acquisition of property;
• technical passports for property (apartment, house, cottage, car);
• extracts from registers for securities, shares, bonds.

It is advisable to clarify before visiting the notary’s office what other documents may be required.

How is a marriage contract concluded?

The man and woman must appear before the notary, provide a draft agreement and other necessary documents. The notary will check the documentation, if there is no draft, he will draw it up, and if necessary, he will make amendments or changes to the existing one (correct legal errors, improve wording, eliminate illegal provisions).

The notary will familiarize the married couple with legislative norms, explain the rules and consequences of concluding a marriage contract. Then the man and woman, in the presence of a notary, put their signatures on the documents, and the notary makes a certification inscription and enters the necessary data into the register. Each spouse receives their own copy of the marriage contract.

How much does it cost to conclude a prenuptial agreement?

Law firm services

Law firms and private lawyers charge a wide range of prices for the services they provide. The cost of compilation may depend on factors such as:

• complexity of the contract;
• volume of documentation;
• urgency of work.

The more complex the prenuptial agreement, the higher its cost. But, on the other hand, the more detailed the document is, the fewer disputes and disagreements the spouses will have in the future.

The “issue price” increases if, in addition to drafting a contract, a law firm or private lawyer provides additional services. For example, collecting the necessary documents, conducting an expert assessment of the value of the property.

It cannot be denied that the final price of the service is influenced by the prestige and reputation of the law firm and the qualifications of its specialists. On average, the cost of drawing up a marriage contract in Moscow ranges from 10 to 50 thousand rubles.

Notary Services

As for notary services, their cost is regulated by special provisions.

Certification of the marriage contract

According to the norms of these provisions, the cost of the service for certification of a marriage contract consists of two parts:

1. Standard fee charged for document certification. It is the same for all notary offices in Moscow and Russia - it is 500 rubles.
2. The cost of legal and technical services ranges from 2 to 10 thousand rubles.

Legal and technical services include:

• checking the draft marriage contract for compliance with legal requirements;
• verification of information about spouses in accordance with identity documents;
• checking data on property that is included in the marriage contract in accordance with the submitted documents;
• explaining to spouses the rules of the law on marriage contracts;
• warning about the consequences of concluding a marriage contract for both spouses.

Cost of other notary services

1. Drawing up a draft marriage contract. For a draft marriage contract drawn up by a notary, you will have to pay from 5 to 20 thousand rubles.
2. Amendments to the marriage contract. By mutual consent, spouses can make changes to the marriage contract at any time.

   But this is done in the form of a separate document describing the changes being made. This document must also be notarized. Such a service can cost about 5 thousand rubles.

3. Termination of the marriage contract. Spouses have the right to both make changes and terminate the marriage contract by mutual consent.

   Termination of a marriage contract is also formalized in the form of a separate document certified by a notary. The cost of such a service will also be within 5 thousand rubles.

Note! Unilateral termination of a marriage contract by a notary is impossible! To do this, you need to go to court with a corresponding claim.

The cost of drawing up and certifying a marriage contract is by no means small.

Especially if the spouses treat this process thoroughly, choose a trusted law firm, seek help in collecting documents, and draw up a detailed and meaningful draft of the marriage contract. But after concluding the document, they can be completely calm about the present and future fate of their property.

How much does a marriage contract cost from a notary: what is the price for notarial services (drafting, execution and conclusion of the agreement)

In recent years, the practice of concluding prenuptial agreements in our country has been gaining popularity. A marriage contract is a voluntary agreement that extends its effect to the property relations of spouses or persons just wishing to get married, and regulates them both during the marriage union and in the event of its dissolution.

Do not confuse the concepts of “drawing up” and “certifying” a marriage contract by a notary - these are different things.

• In the first case, the notary prepares a draft agreement in accordance with the provided documents and draft agreements.
• In the second, he certifies the contract with his signature and seal.

Accordingly, the prices for these services will differ significantly: drawing up an agreement, as a rule, costs much more than its certification.

How much does it cost to draw up a marriage contract with a notary?

Pricing for drawing up a marriage contract is not limited , so the cost for each notary may be different.

This type of action is usually classified as services of a legal and technical nature , because drawing up a marriage contract is not an action of a notarial nature, because

does not serve as a certificate (agreement, power of attorney, etc.) or testimony (copies of documents, signatures, etc.).

The cost of a marriage contract includes the following services :

• consultation with notary office specialists on document preparation;
• drawing up a contract using technical means;
• clarification of points incomprehensible to the client, answers to his questions;
• making changes and adjusting previously agreed clauses of the contract.

To draw up an agreement, you can contact any notary , but the main thing is not to save money.

When drawing up a contract, you should not think about the costs that you will incur when drawing up the document, but about the benefits that the agreement will provide in the future during the marriage and in the event of its dissolution.

It is advisable to contact a notary with at least two specialists. Thus, it is less likely that, to save his time, he will draw up a marriage contract based on a sample taken from the Internet .

Before contacting a notary's office, it is necessary to collect a package of documents evidencing ownership of the property indicated in the marriage contract (agreements, extracts from the registration chamber, certificates of ownership, etc.).

The notary should provide only original documents, otherwise he may refuse to draw up a contract.

Employees of a notary office can offer you services in preparing a package of necessary documents, although the cost of drawing up a marriage contract will increase significantly . However, this will help you save your nerves and save time.

As practice shows, the cost of drawing up a contract by a notary is lower than a similar service provided by some law firms. Unfortunately, not all provisions can be included in the contract.

How much does it cost to have a marriage contract certified by a notary?

Unlike the service for drawing up a marriage contract, the cost of which is set by notaries at their own discretion, the price of document certification is regulated at the legislative level . Consequently, throughout the entire country there is a uniform amount of state duty payable for notarization of a marriage contract.

Based on clause 10 of Art. 333.24 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation) and Art. 22.1 Fundamentals of the Legislation on Notaries No. 4462-1 of 02/11/1993

(hereinafter referred to as OZN) the state fee for certifying a marriage contract is 500 rubles .

The notary has the right to increase the amount of the state fee by one and a half times , in the case of certification of the marriage contract outside the premises of the notary's office, this condition is enshrined in paragraph 1 of Art. 333.25 Tax Code of the Russian Federation.

1. the benefit is provided in the amount of 50% to persons of disability groups I and II;
2. are exempt from paying state duty:
   • citizens bequeathing property of the Russian Federation and (or) its subjects, municipalities;
   • public organizations of disabled people;
   • authorities, local governments;
   • individuals for a certificate of the right to inheritance, subject to the conditions provided for by the Law.

To draw up a marriage contract, you can contact a specialized law firm, or you can write it yourself. But it is not a fact that it will comply with the norms of the Law of the Russian Federation and that some provisions of the agreement will not need to be adjusted.

Example

Yakovlev N.V. and Samokhin A.N. Before the wedding, they decided to conclude a marriage contract containing the conditions that all property would be the property of Samokhina A.N. In relation to Yakovlev N.V.

Enforcement proceedings were initiated, and a penalty was imposed on the property belonging to him, because He is the guarantor for the mortgage of a friend who has not made payments for a long time.

Due to the large size of the resulting debt, Yakovlev N.V. unable to extinguish it.  

The notary refused to certify such an agreement, because it will not have legal force, because a foreclosure has already been imposed on the owner’s property.

It is a mistake to think that a notary will quickly look at the text of the agreement provided to him and certify it with his signature and seal.

17 of the OZN, a notary bears full property liability for damage caused to a citizen’s property as a result of performing a notarial act that is contrary to the law.

Cost of additional services from a notary

All actions that are not notarial and not charged under the current legislation (Article 333.24 of the Tax Code of the Russian Federation, Article 22.1 of the OZN) are usually classified as additional services; notaries also call them services of a legal and technical nature.

Additional services (except for drawing up contracts and legal advice) also include making copies, typing text, stapling a document, creating a file, collecting the necessary package of documents for drawing up an agreement, assistant services, etc. Benefits provided by law do not apply .

The price of additional services is set by each notary at his own discretion and, as a rule, the cost of legal and technical actions is much higher than the tariff; it is at their expense that the notary compensates for his expenses (rent of premises, staff salaries, etc.).

Establishing an arbitrary price is not a violation of the law , because the source of financing for the activities of a notary is the funds received by him for performing notarial acts and providing legal and technical services, and other financial receipts that do not contradict the legislation of the Russian Federation (Article 23 of the OZN).

Payment order

Payment for notary services (tariff and technical work) is carried out on the premises of the notary's office and can be made either in cash or by bank transfer. Arbitrary changes in tariffs upward or downward are not permitted.

As a rule, payment is made after the notarial actions are completed. After making the payment, the client signs in the register of notarial acts, which contains information about the specifically specified service, its cost, date and name of the customer.

In addition, on the last page of the executed document, the notary puts a note about the cost charged according to the tariff and the amount paid for legal and technical services. Thus, the client always knows how much he paid for notarial acts and which office he contacted.

Questions from our readers and answers from a consultant

My wife and I entered into a marriage contract, but we also had it certified by a notary. From what moment will it be considered valid, from the moment of conclusion or notarization?

The marriage contract will be considered valid after notarization.

What phrase should be included in the text of the marriage contract, interpreted as saying that if the husband regularly spends money on gambling, I (the wife) buy groceries and prepare food based only on myself and the child?

A marriage contract regulates only property relations.

My husband and I contacted a notary office to draw up a marriage contract regulating property relations in the event of the death of one of the spouses. But for some reason the notary refused to draw up an agreement with such a condition. Why?

The reason for the notary's refusal was that in the event of the death of one of the spouses, the marriage contract loses its legal force. In this case, it is better to draw up a will.

Cost of a marriage contract with a notary (price) in 2023 - Moscow, St. Petersburg, how much it costs, draw up, for a mortgage

The practice of drawing up marriage contracts today in Russia has not yet become widespread.

But every day it is gaining more and more popularity. Many couples today want to change the regime of joint ownership of property.

Important points

Today, the Family Code of the Russian Federation regulates the joint regime of property ownership for spouses.

That is why, after marriage, all acquired property is mandatory and the spouses have equal rights to it.

Therefore, in the event of a divorce, each party is entitled to 50% of the acquired property. But this kind of regime of use and ownership of property is not always reasonable.

In case of divorce, according to the RF IC, the division will be carried out 50/50. It is precisely for such cases that marriage contracts are concluded.

This agreement is a bilateral agreement that allows spouses to voluntarily change:

• property rights during marriage;
• mode of use of property.

The property specified in the contract of this type may include real estate, luxury goods, and much more.

A marriage contract concluded for property by spouses must be notarized. But at the same time, state registration is not required.

Before drawing up this document, the parties need to familiarize themselves with the most important legal nuances associated with this procedure.

What it is

• A marriage contract is a special agreement on the basis of which the legal relations between spouses are regulated.
• Moreover, its effect can extend both to the period of marital relations and to the time after its dissolution.
• There are the following types of contracts of this type:

Joint ownership of property acquired during marriage	Division is carried out by shares or by type of ownership
Separate ownership of property	Each spouse who acquires anything during the marriage has exclusive ownership rights
Property and legal	Not only determines the mode of ownership of property, but also regulates the rights of both spouses

1. This kind of practice allows one to avoid lengthy legal proceedings in the event of a divorce, since the emergence of disputes over real estate is excluded - all rights have already been distributed in advance.
2. Also, prenuptial agreements denoting the exclusive right of ownership make it possible to avoid the collection of any property in favor of the bank if one of the spouses is a debtor and for some reason cannot cope with their debt obligations.
3. A marriage contract is a rather serious procedure. That is why, before implementing it, it is necessary to familiarize yourself with the following important issues:

• what needs to be specified?
• Attached documents;
• main nuances.

If the spouses do not first study the theoretical basis for completing the process of the type under consideration, it may drag out somewhat.

Since the notary will not certify a document if any documents are missing or the spouses do not take into account some important nuances.

What is the purpose of the agreement?

A marriage contract can be terminated in the following cases:

• by mutual agreement of the parties;
• unilaterally - but only through the court.

• Moreover, simply the desire of one of the parties to terminate the marriage contract is not enough to complete this action.
• There must be really serious reasons, only in this case the court can make a decision on a claim of this type.
• Such reasons include the following:

• failure to fulfill the obligations specified in the contract by one of the parties;
• any circumstances have arisen that the parties could not have previously foreseen;
• the contract contains conditions that infringe the rights of one of the parties.

It must be remembered that, unlike other countries, marriage contracts in Russia can only regulate the regime of ownership and use of property.

Any aspects of non-property family life cannot be regulated. It is also prohibited to include the following conditions in the contract:

• prohibition of using the right to protect interests in court or other bodies;
• impossibility of receiving financial assistance in the event of disability;
• changing the regime of parental responsibilities or the use of rights to the child.

If at least one of the above conditions is present, the marriage contract is necessarily invalidated.

Legal regulation

Before you start drawing up a document of the type in question, you should definitely familiarize yourself with the current legislative framework.

The most important points affecting the marriage contract are reflected in the following provisions of the law:

A prenuptial agreement today is a fairly common practice. Drawing up such an agreement is not a sign of distrust in your spouse, but a way to avoid the emergence of various controversial issues.

A marriage contract is an agreement that implies the voluntary consent of both parties to the conditions specified in it.

The signatories are:

In some individual cases, the presence of a third party is mandatory. For example, if the contract of the type in question involves a child.

1. Often, it is on the basis of this agreement that any property is assigned to children - real estate, a car.
2. In this case, the signature of the child himself is required, since according to the legislation in force in the Russian Federation, gifts can only be given to someone with his consent.
3. It is also necessary to remember that a marriage contract will only have legal force if it is approved by a notary - this point is strictly mandatory.

Moreover, before confirmation, the official must check the correctness of the document. A notary must charge a fee for his services.

Also, do not forget about the need to pay the state fee, since such an action is legally important (according to the Tax Code of the Russian Federation).

How much does it cost to register a marriage contract with a notary (price)

A lot depends on who draws up the marriage contract. Today the draft of this agreement can be drawn up:

• directly by the spouses themselves;
• in special notary offices, by professional lawyers.

If the spouses decide to draw up an agreement of the type in question on their own, then they must first familiarize themselves with a sample of this agreement.

This will allow you to avoid making the most common mistakes. This will significantly reduce time - you will not need to redo any sections.

There is no form of agreement of this type approved by current legislation. The second way to draw up a marriage contract is to contact a notary office.

Video: notary Marriage agreement

In this case, a professional lawyer will not only prepare the project and all the necessary accompanying documentation, but will also notarize the document. For an additional fee, you can draw up an annex to the marriage contract.

To draw up a marriage contract, the parties will need to provide the following documents to the notary:

• passport of each party;
• certificate of registration or divorce;
• documents confirming the ownership of the property included in the contract.

It should be remembered that the conclusion of an agreement of this type is impossible by representatives.

Even if you have a special power of attorney confirmed by a notary. However, the list of documents for each type of property is significantly different.

If a car is included in the contract of this type, then the following documents will need to be submitted:

• PTS;
• contract of sale;
• certificate of inheritance.

If the contract includes real estate, then the following is necessary:

Moscow

You should definitely find out in advance how much it costs to conclude a marriage contract with a notary. Moreover, it should be noted that there are different reasons for compiling one.

It will also be necessary to take into account various features and subtleties - one way or another related to the design.

The cost of notarizing a marriage contract for a mortgage may vary. Prices:

Company name	Location address	Service price, rubles
Legal Support Center	2nd Volkonsky lane, 3	From 5 thousand
Law Center Capital	Shchelkovskoe highway, 77, building 1	From 7 thousand
Legal service desk	Festivalnaya st., 9	From 10 thousand

St. Petersburg

Cost of registration in St. Petersburg:

Company name	Location address	Service price, rubles
Hestion	Bolshaya Konyushennaya st., 29	From 4.5 thousand rubles
Kalininsky	Legal Avenue Nauki, 12	From 7 thousand rubles

It must be remembered that if one of the parties has a debt to the bank or is just about to take out a loan, she must be notified of the concluded marriage contract.

Otherwise, the bank has every right to file a claim in court. Based on the decision, the previously concluded agreement can simply be canceled. Moreover, notification of the existence of an agreement should only be in writing.

It is also important to know that the contract in question always terminates in the event of the death of one of the parties. That is why a will is a higher priority document.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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