What's better is a marriage contract or a property-sharing agreement.

In the marriage contract and the division agreement, the spouses prescribe the agreements they have reached in the field of property relations.

The main similarity between these two types of transactions is the regulation of property relations during marriage and (or) at its dissolution; however, the differences between them are much greater.

The difference between marriage agreements and property-sharing agreements and what is best suited to the particular situation of the spouses will be described below.

The concept of marriage contract and property-sharing agreement

In case law, a marriage contract refers to a transaction between a wife and husband or between persons planning to register a marriage; in the contract, they distinguish between duties and rights in the property area during the marriage and, if they wish, determine the division of marital assets in the event of divorce.The contract may regulate not only the conditions for the use and management of the joint property, but also the conditions for the use and management of the individual property of the spouses.

A property-sharing agreement refers to a transaction that can only be concluded by the spouses or ex-wives; the agreement distributes the common joint property that they have acquired after the marriage and until the date of the divorce.

What to choose: pros and cons

Marriage contracts	It is better to conclude a treaty when: The marriage hasn't been concluded yet. In the future, the spouses plan large purchases, such as the purchase of real estate, or they are going to make important deals in the business. If the contracting parties plan to regulate conditions in several areas of property relations simultaneously, such as each other ' s maintenance, changes in the regime of ownership, and distribution of family expenses.	The conclusion of a marriage contract should be refused: Persons who do not wish to fully define property obligations and rights during marriage and intend to limit themselves to the division of assets. Persons who do not intend to change the legal regime of marital property to another regime, such as joint or separate regimes.
SECRETARY-GENERAL ' S SECRETARY-GENERAL ' S ARRANGEMENTS	It will be appropriate for those spouses or former spouses who: They're just planning on sharing common property. No major acquisitions are planned in the future.	The conclusion of a division agreement should be refrained from: Couples who wish to regulate their property rights and obligations in a wider range than the mere division of property. A couple who do not trust their second half and fear deception on their part.

The law refers to the subject matter of the contract:

1. The distribution of family expenses, for example, which of the spouses will pay for food, minor repairs to housing, utilities, etc. If necessary, the wife and husband have the right to determine in the contract not only the type of expenditure but also their share in each category.
2. Changes in the legal regime of marital property: The spouses themselves determine which specific property assets they will adopt, e.g. separate or joint property, for example, all property, personal effects of each spouse, separate categories of property (domestic appliances) or individual-defined property (Asus laptop).
3. Responsibilities to provide financial security for any of the married partners during the current marital relationship or upon dissolution of the marriage.
4. Establishment of duties and rights in respect of property assets to be acquired in the future.
5. Ways in which spouses can participate in each other ' s earnings, as well as the manner in which such earnings are distributed among them.
6. The procedure for the separation of marital assets in the event of the termination of a marriage.
7. Other property duties and rights.

SECRETARY-GENERAL ' S SECRETARY-GENERAL ' S ASSISTANCE

The subject of this agreement is the definition of joint property acquired from the time of the marriage to the date of the entry into force of the agreement, or until the date of dissolution of the marriage, and its separation, accompanied by the transfer of the marital property to the personal property of each spouse or former spouse according to the shares or assets specified in the agreement; any other matters cannot be settled by a division agreement.

The Family Code stipulates that the shared common property that can be divided is:

• Real estate of any destination.
• Every spouse's income.
• Bank deposits.
• Securities.
• Shares in organizations and credit institutions.
• Driving property.
• Money received in the form of material assistance, benefits and pensions.
• Money derived from the use of intellectual activity products created by one of the marriage partners.
• Pai in equity funds and other organizations.

The above-mentioned property must be obtained at the time of marriage, no matter which spouse acquired it, who was registered with the property right or whose money was purchased.

Distinguishing features of a treaty and agreement

The following table shows the legal characteristics on the basis of which the similarities and differences between the marriage contract and the property-sharing agreement can be determined.

Purpose of the conclusion	Streamline or create for the future a model of property duties and rights that may differ from that established by law.	Divorce and the consequent need to determine the division of property. Claims by creditors of one of the spouses who insist on repayment. The wife and husband's own desire to share their shared assets.
Property	Existing assets or assets that will be acquired in the future.	The joint property already available to the spouses.
Period for which a deal can be made	Until the end of the marriage, or before a specific date, or before a certain condition, e.g. the birth of a child, certain provisions of the contract continue to apply after divorce, e.g. the obligation to maintain the former spouse.	Pending full compliance with the obligations set out in the agreement.
The parties to the transaction	Wife and husband. Future newlyweds.
Form of transaction	Written with a notary certificate.	Written with a notary certificate.
Time of transaction	Before marriage is registered in the civil registry (the contract becomes effective on the date of the marriage). In an official marriage (the contract becomes effective immediately after being certified by a notary).	In an official marriage (the agreement becomes operative immediately after the notary ' s certification). After the divorce (the agreement becomes effective immediately after the notary has been certified).
Respect for the legitimate principle of equal shares	Not necessarily.	Not necessarily.
Property regime	The treatment of assets, including personal assets of married partners, may be changed to any of the following: Individual. Total equity. It's a joint venture.	The joint equipment regime may be changed to any of the following: Individual. Total equity.

The circumstances and features of the processing of documents

The procedure for entering into a marriage contract is based on a clear algorithm of actions to be carried out in order to achieve the desired goal.This algorithm includes:

Harmonization of the terms and wording of the future contract between persons planning to enter into a marriage or between spouses.

Preparation of the text of the future treaty: This may be done on the basis of the template submitted or may be entrusted to a professional lawyer for the preparation of the contract.

Collection of necessary documents:

1. Three copies of a printed contract.
2. Marriage certificate if the marriage union has been officially registered.
3. Property documents specified in the contract.
4. The passport of both parties to the transaction.
5. The amount of money sufficient to pay for the notary ' s services should be identified in advance by calling or appearing in person at the notary ' s office.
6. Choosing a notary.
7. Visits to a notary ' s office, which includes familiarizing a notary with the text of the contract and documents, explaining to spouses the nuances of the marriage contract law, payment for services and certification of the contract; the total amount to be paid consists of the sum for the notary ' s legal services and the amount of the notary ' s fare of 500 rubles; this notary service usually costs clients between 5,000 and 10,000 rubles.

The form of a division agreement, the model of which can be seen from this reference, is virtually the same as the procedure for a marriage contract, with the exception of the following nuances:

The parties to the agreement must bring a marriage certificate to the notary if they are still spouses or a divorce certificate if they are no longer spouses to each other.

The full amount of payment may be calculated by a notary in two ways:

• Depending on the price of the shared property, 0.5 per cent of the price of the agreement is paid. If the amount of the tariff is less than 300 rubles, the customers pay 300 rubles. If the amount of the tariff is higher than 20,000 rubles, the customers pay 20,000 rubles.
• Fixed rate: Some notaries use this method of calculating the amount of payment, usually the price of the notary service in this case ranges from 5,000 rubles to 15,000 rubles.

Judicial practice

As a rule, disputes in the courts over marriage contracts are that one party to a transaction has breached its obligations under the contract and the other party demands the cessation of unlawful acts; the second reason for the proceedings is whether the contract is invalid or not.

He said, "O my wife, my wife and my wife are in a state of displeasure, and my wife and my wife are in a state of displeasure.

The Court examined the evidence presented during the hearing and arrived at such conclusions:

• According to section 3 of the marriage agreement, any assets held by a married partner are deemed to belong to the spouse in whose name the transaction is made or in whose name the property is registered.
• P.10 of the same contract states that the contract cannot be considered a bonded transaction or put a spouse in a very unfavourable position.
• The plaintiff has no proof that he is at a disadvantage as a result of the performance of the disputed contract.
• The plaintiff agreed to sign the contract and accepted its terms, as evidenced by its signature.
• The deterioration of the financial position of a party to a contract does not fall within the definition of "significant change in life circumstances", because, with care and discretion, a person is able to anticipate possible risks that may result in financial loss.

Thus, the claim was dismissed and the contract was declared valid.

Disputes over a division agreement usually arise when one party does not agree with the terms of the agreement after the conclusion of the agreement; in the proceedings of the Rostov-on-Donu Railway District Court, in September 2017, there was a case in which the division agreement was declared null and void.

The plaintiffs ' claims were as follows:

1. Shortly before the notary signed the agreement, her husband severely beat her up, and as a result she was frightened, humiliated and in pain, but she did not report to the hospital or to the police.
2. After she was beaten, she left her husband and lived with friends and relatives because the plaintiff did not have her home, nor did she have any income because she worked at her husband's firm.
3. After taking advantage of her psychological condition, her husband offered to enter into an agreement to divide her into a disenfranchisement, and she agreed to those terms because she was afraid of violence and self-punishment.
4. The plaintiff could not read the text of the agreement in advance, but only saw the document from the notary, and the notary did not explain the terms of the agreement to her.

The husband ' s representative disagreed with the plaintiff ' s arguments, claiming that she understood all the terms of the deal and signed it.

As a result of the examination of the parties ' arguments, the Court found:

• The husband handed over to his wife an apartment, a parking space and a sum of 8,200,000 rubles, given that the total value of the common property was slightly more than 30,000,000 rubles, the terms of the agreement for the plaintiff could not be bonded.
• The psychological examination showed that the husband was in a state of tension at the time of the signing of the agreement, but that the state could not affect her mind and her ability to understand the reality and the consequences of her actions, so she could resist the pressure of third parties.
• The testimony of witnesses cannot be credible because they were not present during their husband ' s beatings to their wife and were aware of the beatings from the wife ' s words.
• It was not true whether the fact of the beatings had actually occurred, since the doctor or the police spouse had not been approached.
• The spouse took possession of the flat that had been transferred by agreement and registered it properly, indicating that she had acted consciously at the time of the conclusion of the agreement.

On the basis of the above facts, the judge concluded that the claim was unfounded and should be dismissed.

Source:https://pravosem.ru/zhenitba/kontrakt/brachnyj-dogovor-razdel-imushchestva.html

Marriage contract or property-sharing agreement: better, nuances of documents

After the divorce, the former spouses are interested in the question of the division of the general state; under the current legislation of the Russian Federation, both parties have the full right to conclude a prior marriage contract or agreement, and it is important to consider the differences between the two documents and to choose the most appropriate option.

Legal force of documents

The Family Code providesThe division of the joint property of the spouses during the marriage.All valuable and large purchases purchased with general money are suitable for this concept, so many couples for insurance pre-contract a contract or agreement to determine the terms of a possible division of the general state.

The marriage contract and the property-sharing contract are legally active in the correct form of paper in the presence of a notary.A voluntary agreement does not require confirmation by the relevant authorities, but may be challenged in court if the matter arises.

It matters!In order to choose a document to define the terms of the sharing of total capital, one must understand the obvious differences between the two and negotiate all kinds of nuances with a qualified lawyer!

Provisions and content of the marriage document

The marriage contract is a document that regulates the relationship between husband and wife or persons entering into marriage at the property level, and the law does not prohibit the introduction of modified conditions into the document for a possible subsequent section of the acquired condition on a voluntary basis.

The content of the marriage contract is based on such aspects:

• Data on the division of joint property in the event of divorce (distinguishment of separate and personal property and subsequent distribution upon termination of marital relations);
• Changed conditions of division of property confirmed by both spouses (right to change before the end of the document);
• The change of ownership of the share (in the event of divorce, the spouses remain in their property and do not claim the other side ' s property).

In the drafting of a marriage contract, spouses have the right to impose conditions on potential property that they plan to acquire in the near future.The document is to be concluded before entering into a marriage or at the time of legal marriage.

The contract begins after the conclusion of a marriage; it is worth mentioning that the registration of a document after divorce is neither possible nor legally justified; however, the writing of a paper implies certain prohibitions, in the form of exceptions, of conditions restricting the capacity of marriage or other rights of the husband or wife.

The marriage contract shall be in writing and shall be confirmed by a notary and shall have no legal effect in court without an assurance.

If, on the other hand, the spouses choose to terminate the document or to make further changes, the presence of the notary and the legal confirmation of the paper are also required.

Description of the main provisions of the agreement

• In considering how the marriage contract differs from the property-sharing agreement, it is important to bear in mind that the second document is drawn up after the divorce or during the marriage, as the concept is regulated by the law in force.
• The spouses have the right to separate the joint property themselves after the divorce agreement has been drawn up, with a preliminary description of the conditions for the division of the general state.
• The instrument has legal forceAfter de facto divorcetherefore, there is no need to prove its validity during the trial.

According to the agreement, the right of division is subject to property that is real and has been acquired by both spouses in a joint marriage.If the contract specifies the conditions for the division of personal property, the procedure is carried out in accordance with the legal provisions of the Family Code of the Russian Federation.

The agreement is in writing with the signatures of both parties and does not require the presence of a notary; for the preliminary examination of the document in court, it is best to obtain legal confirmation and be protected from further proceedings.

In most cases, the division of property by agreement is used for the transfer of real property, which requires compulsory registration of housing in Rosreestre, since documents are issued or sent to the new owner.

The difference between a marriage contract and an agreement on the division of property

Many people have the question of what a marriage contract or a property-sharing agreement is and what is best chosen to resolve future or past family relationships.Fundamental differences between the two documents:

• A notary ' s confirmation is required for the conclusion of a marriage contract, and if the agreement is drawn up, the confirmation is not necessary;
• A marriage contract is drawn up by prospective newlyweds or legal spouses; an agreement on the division of property may be made during the marriage and after the divorce;
• The agreement is based on the division of common and joint property, and the marriage contract may be further modified in the form of personal status;
• The document provides for the division of the actual property, and the conditions for the separation of the presumed state may be specified in the form of the marriage contract.

It matters!The main difference between a marriage contract and an agreement is the possibility of specifying the different conditions in the family relations of both spouses, and both parties have the right to prescribe mutual wishes for joint income and the maintenance of a common budget within the family.

Which document is best chosen

In the form of a marriage contract, the advantage is the prospect of the future, which will protect both parties from an improper decision in the division of acquired property.

In doing so, the document is drafted with the presence of a notary so that all necessary conditions can be prescribed and the agreement of both parties can be confirmed. The specialist will help formulate all the provisions in accordance with the established rules of jurisdiction on a legal basis.

The disadvantage of the marriage contract is the high cost of processing the service, which amounts to between 10,000 and 50,000 rubles in the Moscow region.However, most of the country ' s inhabitants were biased against the document, since its conclusion provided for the possibility of divorce.

The contract for the division of property does not require a notary, and the spouses are free to draw up a document in the absence of each other ' s claims.

It's important!The disclosure does not require any financial cost because it is voluntary, and the document must be signed by both spouses with a mandatory date of completion and detailed description of the divided property.

One of the shortcomings of the agreement is the narrow focus of the document.Information on the division of joint equipment may be provided in the preparation.

The marriage contract, on the other hand, has more power and spouses can almost legalize all financial relations on paper.

The best way to obtain a qualified legal advice before choosing a document is to obtain it.The specialist will examine the personal circumstances of both parties and offer the most favourable conditions that will not prejudice the rights of men and women after the dissolution of the marriage.

Conclusion

The marriage contract and the agreement on the division of property provide a number of papers that define the property relationship of both parties within the framework of the law in force.

How does the marriage contract differ from the property-sharing contract?

In recent times, divorce is not a rare phenomenon; husband and wife, in order to protect themselves in the division of property and to protect their interests, form a marriage contract or an agreement; these two documents have both similarities and differences; both documents need to be written and notarized; and the particulars of the marriage contract and the simple agreement will be discussed in more detail in the article.

Rules for the drafting of a marriage contract

One way of settling property rights between spouses is through the drafting of a marriage contract, which covers the procedure for the division of property, the rights and obligations of the parties, the distribution and maintenance of income and costs, the cancellation process and other important issues.

The rules for the settlement of the agreement include:

• A simple writing of a paper: the persons concerned are persons of legal capacity and adults;
• Notary certificate;
• The document to be used in the future for the division of property shall be made up of three copies, two of which shall remain with the husband and wife, and the third shall be kept in the archive of the notary;
• If the textual content of the marriage contract has been placed on several pages, the certifying signatures of both spouses shall be placed on each of them;
• The various amounts and dates shall be indicated in both digital and alphanumeric terms;
• If, by reason of the circumstances, one of the spouses is unable to sign in person, he may act through his legal representative, in which case the notary must confirm the validity of the signature and justify the use of the services of the trusted person.

The marriage contract for the division of property shall be concluded between the spouses either before the marriage is formally confirmed or at any time during the marriage; the principal condition for its entry into force shall be the registration of the newlyweds in the civil registry.

The duration of the marriage contract is determined by the duration of the marriage.

However, it may be possible to include in the content a condition for the termination of certain or all points before the dissolution of the marriage or, alternatively, some provisions will continue after the divorce proceedings.

A sample of the marriage contract for the division of property can be downloadedby reference.

How to formalize the property-sharing agreement?

The drafting of a peace agreement is considered to be another way of effecting the division of property; the document differs considerably from the marriage contract.

The agreement on the division of property shall be drawn up by the spouses on a voluntary basis and shall consist of:

• During marriage;
• During divorce proceedings;
• After the divorce.

There is no possibility of concluding an agreement on the division of property only before the official registration of the marital union, which is the main difference from the marriage contract.The former spouses shall issue a document in accordance with certain rules:

• Written drafting;
• Mandatory notary certificate to achieve legal validity;
• The document is written in the number of three pieces, as in the case of a marriage contract.

The model asset separation agreement model should contain the following information:

• The time and place of signature of the treaty;
• Information on husband and wife — FIO without abbreviations, date of birth, address, passport data;
• indication of the status of the spouses — married or divorced, reference to the details of the registration document;
• All items to be separated are transferred;
• The distribution of property between spouses is a detailed description of each item;
• An event whose arrival determines the entry into force of the treaty;
• The parties sign and place their initials.

As in the case of a marriage contract, where there are several sheets in the agreement, signatures are required on each of them.Here..

Varieties

A married couple who had a choice as to how to distribute property rights needed to know the difference between a marriage contract and a property-sharing contract.Depending on the needs of the couple, one method is chosen:

• The contract cannot be drawn up after the dissolution of the family union and the agreement before the State registration in the civil registry;
• In accordance with a marriage contract, the division of property shall consist of property which is already in existence or which will arise in the future; only the distribution of existing property may be provided for in the agreement;
• The written contract shall be legalized from the time of marriage and the written agreement from the time of signature;
• The marriage document describes the creation or withdrawal of any rights and obligations in the event of the occurrence of certain circumstances, while the agreement simply divides property;
• By means of a marriage contract, personal property may be transferred to the class of joint property, as opposed to the second type of instrument;
• The contract allows the use of generic concepts in the division of property, such as movable, immovable property, and requires the specification and identification of the key characteristics of the transferred items;
• Financial debts under a marriage contract may also be subject to a division; only property is to be distributed in the agreement.

The similarity between the marriage contract and the property-sharing agreement consists of the writing and mandatory certification by a notary person.

What kind of contract is it better to sign?

In order to understand which document to write better, couples need to determine their needs.

For example, if the situation had reached a critical point and the couple were in the process of divorce or had already been divorced, it would no longer be possible to draw up a marriage contract for the division of property.

It is only available before marriage or during family lifeIn this case, an agreement is selected from all available options.

The marriage contract is for the benefit of the spouses who wish to settle, in addition to the property rights of the property already in existence, also for the property that will become available in the future, in which case the agreement will implement the division of the property already present in the family.

It should not be forgotten that both instruments require a legal certificate from a notary, which requires payment of a notary tariff.

If the amount of money paid for technical work in the preparation of legal papers may vary, the amount for the certification of the marriage contract is constant —500 rublesThe payment for additional services may amount to 10,000 rubles.

The property-sharing agreement can be processed on its own in order to save money; however, in order to verify the document, the full amount will have to be paid.The amount of the tax depends on the value of the property —The minimum size is 300 rubles and the maximum is 20,000 rubles.

As can be seen from the above examples, the marriage contract and the agreement on the division of property are fairly expensive, and the husband and wife have to base their choice on their monetary capacity, legal attachment to the matter and the price of the property to be divided.

What is better than a marriage contract or a division of property agreement: similarities and differences

What is the force of both instruments?

The property (goods, money, property rights, securities, etc.) acquired during the marriage is shared property (art. 34). Both husband and wife have equal rights to it, regardless of the size of their real contribution.And in divorce, such property will be shared equally between the spouses.(article 38 of the Criminal Code).

Only the fact of acquisition, i.e. the receipt of any exchange transaction during marriage, is relevant; this may be changed, but it will require a solid evidentiary basis for the greater contribution of one of the spouses.

However, equality of shares, i.e. the legal regime of property, is applied only if there is no contract of marriage establishing a different order (art. 33). Similarly, in the division of property, the legal approach is not applied if there is no contract between the spouses (art. 38).

In other words, the provisions of the law are used only when the spouses themselves have not resolved their property relations voluntarily, or if differences have arisen between them in this regard (dispute).

However, in order for voluntary agreements to be valid and recognized as the basis for the division of joint property upon divorce, they must be duly formalized.

That is, to be in writing, to be confirmed by the signatures of the parties and, in the case of a marriage contract, to have a notary certificate.

If these requirements are met, the court shall adopt the document and base its decision on it.

Marriage agreement

A marriage contract, or contract, regulates the property relationship between the wife and the husband primarily in the marriage (art. 40 of the Code of Criminal Procedure), and it is not prohibited by law to impose conditions on the rights and obligations of the spouses after divorce; this will necessarily be taken into account in the event of the dissolution of the marriage.

The main content of this document is the regime of common property (art. 42 of the Russian Federation), and spouses have the right to change the procedure provided for by law by choosing, instead of the common joint share property.

The ratio may be different from the equality prescribed by the family law, or it may be that the property acquired during marriage is transferred to the personal property of each of the spouses.

It is noteworthy that a marriage contract may regulate the rights of property that is not yet available but is planned to be acquired in the future (art. 42).

A marriage contract shall always be in the form of a written document and must be certified by a notary; without such a certificate it shall not be considered valid.

It is not necessary to register a contract if it provides for the regulation of family property in Rostreister; if rights are transferred to each or one of the spouses, registration will be compulsory.

Although spouses have the freedom to determine their common family property, there are a number of prohibitions, for example, the marriage contract cannot be subject to conditions that restrict one of the family members to legal or legal capacity; it is in order to eliminate such situations that a notary is required to participate in this transaction.

The contract may be amended or even repealed by a common decision of the spouses; this is their right freely to dispose of the common property; in the event of the cancellation of the contract and the absence of any other instrument establishing rights and obligations, the legal regime of family property and the corresponding division of the property upon dissolution of the marriage are in force; the participation of the notary in any act with the marriage contract is strictly compulsory.

Article on the pros and cons of the marriage contract.

SECRETARY-GENERAL ' S SECRETARY-GENERAL ' S ASSISTANCE

Unlike a marriage contract, such an agreement may also be made after the marriage has been formally dissolved, and the validity of the document will not be affected.

Only property that exists and is in common ownership can be divided by agreement; however, the terms of the agreement may provide for the transfer of items that are legally recognized as the personal property of each spouse.

If the agreement provides for the transfer of real property or shares in such property, it must be registered in Rostreister.

The most common use of the agreement is for the division of immovable property, as there is no need to comply with such formalities when transferring other property.

But the law does not prohibit spouses from sharing any property belonging to them in such a way.

For ease of reference, we have gathered all the similarities and differences between the two documents in a separate table:

Form and necessity of notary certification	Letter form and notary certificate	Notary certificate not required
Who can conclude	spouses or ex-wives	Persons entering into marriage or spouses
Time of conclusion	may be concluded during the marriage or upon its dissolution	may be entered into before the State registration of the marriage (in which case it becomes effective at the time of the marriage) or at any time during the marriage
Property regimes to be established	Only common equity or separate property regime can be established	A common joint, joint equity or separate property regime may be established
Property in respect of which an agreement or contract is concluded	Property already owned	Property already owned or to be acquired in the future
Other differences	—	The spouses have the right to determine their rights and obligations for mutual maintenance, the means of participating in each other ' s income, the manner in which each of them may bear family expenses, the property to be transferred to each of the spouses in the event of dissolution of the marriage, and to include in the marriage contract any other provisions relating to the property relations of the spouses.

Which option to choose

The advantage of a marriage contract is that it is oriented towards the futurein other words, it is possible to specify the rights and obligations of property that has not yet been acquired, thereby eliminating the need to determine its ownership in the future, including after divorce.

In addition, the participation of a competent professional, such as a notary, would make it possible to create a legally impeccable document.

One of the main drawbacks of a marriage contract is its cost: the preparation and certification of such a document requires certain costs; the price depends on the region; for example, in Moscow it begins with 10,000 rubles; and many citizens have a certain bias against the conclusion of a contract as expressions of mistrust of the spouse and marriage.

It is possible to make an agreement on the division of common property on its own, which would significantly save resources.It's a clear plus agreement, but it's possible to make it, without violating anyone's rights or interests, only if the divorced spouses still have a relationship of friendship and trust in each other.

It is not lawful for any spouse to enter into marriage after divorce, nor is it lawful for a marriage contract to settle a number of other matters, such as the payment of a sum of money, but before making a choice, it is necessary to consult a specialist.

Marriage contract and marital property-sharing agreement: similarities, differences

The spouses (or future spouses) sometimes decide on the need to conclude a contract (contract) which will specify which property is or will be their personal property, in order to provide clarity and stability in property relations.

In the ears of the majority of citizens who are not tempted by the law's legal machinations, the word "Marriage contract" or "wedding contract." Citizens know that a document with such a name will precisely solve the problem of determining the fate of the things that have been acquired jointly, as well as the property that will be acquired in the future.

Similarity of the marriage contract and the agreement on the division of property of the spouses

Both agreements are usually made with a view to determining the fate of the joint property of the spouses, in other words, the division of property.

Both the division agreement and the marriage contract may state that, for example, an apartment acquired during the marriage is the property of the spouse, and the land (deliverment), which is also joint property of both spouses, is transferred to the personal property of the second spouse.

The fate of moving items (vehicles, household appliances, furniture, other property) is similarly determined.
I guess that's where the similarities end.

Differences between the marriage contract and the property-sharing agreement of the spouses

Form of contract and agreement

The agreement on the division of property between spouses is simply in writing (notarized by the spouses), whereas the marriage contract is subject to notarial certification and failure to comply with the form results in the invalidity of the marriage contract.

Period of contract and agreement (opportunity before marriage, during marriage and after dissolution of marriage)

A marriage contract may be concluded both before the State registration of the marriage (starts in this case from the time of the marriage) and at any time during the marriage.

An agreement on the division of property of spouses may be concluded not only during the marriage but also after its dissolution.

Thus, a marriage contract may not be concluded after the termination of the marriage and a division agreement may not be concluded before the conclusion of the marriage.

Mention should also be made of the view that "a division by agreement is possible between the spouses; the division of property upon dissolution of the marriage may only be effected by a court...

The division of property by agreement is limited to spouses, i.e. persons married at the time of the conclusion of the agreement.

Consequently, this type of contract may be used only by the spouses during the marriage, i.e. before its dissolution."