How to correctly draw up and formalize a marriage contract between spouses

The Family Code of the Russian Federation establishes that a marriage contract can only concern relations of a property nature.

Spouses can indicate the procedure for using certain things, determine the ownership of this or that property (who owns the property and in what amount).

Rules are established for the distribution of the family budget, the procedure, amounts and terms of maintaining a spouse at any time (within and outside of marriage).

Briefly about the marriage contract

The main function of a marriage contract is to regulate family relations. By establishing a procedure for the use and disposal of property and income, conflicts can be avoided between spouses, which often lead to divorce.

A prenuptial agreement is closely related to marriage. So, if a marriage can exist without a concluded contract, then the contract, in turn, cannot exist without marriage bonds.

Procedure for compilation

A prenuptial agreement can be drawn up between spouses, both during marriage and immediately before the wedding. Since marriage, according to the RF IC, is a union between a man and a woman, officially registered with the civil registry office, persons living together and in a romantic relationship (civil marriage) do not have the right to draw up such a contract.

The age is not specified, but it is worth remembering that marriage in the Russian Federation is allowed from the age of majority, and only in exceptional cases from the age of 16 (emancipation of a minor, and the consent of guardians is required for marriage).

When drawing up a contract before marriage, the effective date of the document is considered to be the date on which the marriage relationship is registered. In another case, the start date of the marriage contract is the day it was drawn up.

In the document, to avoid possible misunderstandings, the surname, first name and patronymic of the parties must be indicated in full. Subscriptions, additions or corrections are not allowed in the agreement. All conditions must be formulated clearly and clearly.

The document must be drawn up in writing, and, according to Article 41 of the RF IC, it is required that it be certified by a notary. As a rule, notary offices contain forms that include standard phrases that spouses can exclude or supplement.

The notary must check the marriage contract for absence of contradictions with modern legislation, and all the terms of the contract must be explained to the spouses. The notary will draw up three copies of the agreement. The first two will be issued to each of the spouses, the third will remain with the notary. To certify a document, the presence of both parties is required.

Failure to comply with these requirements leads to the agreement being declared invalid.

The contract can be drawn up independently by the parties and submitted to a notary. However, in such a matter it is best to turn to specialists to draw up the document. This will avoid further disputes regarding the terms that should be included in the document.

What documents need to be prepared

If the marriage has already been concluded, the list of documents is wider and includes:

• copies of spouses' passports;
• marriage registration certificate;
• documents for all property owned by the spouses (which is owned);
• in the case of marriage between persons under the age of majority, written consent of the parents or guardianship authorities is required for the marriage.

In any case, in order to avoid possible misunderstandings, before drawing up a marriage agreement, it is worth checking the package of necessary documents with the notary who will certify the contract.

The property owned by the spouses will be described in a contract indicating who and to what extent it belongs (or will belong), as well as the procedure for using this property.

Validity of the marriage contract

A prenuptial agreement comes into force in two ways:

• when drawing it up before registering a marriage - on the day of actual registration;
• when drawing it up during the existence of a marriage relationship - from the day of its notarization.

A marriage contract is valid throughout the entire marriage, and in some cases, if provided for in the contract, even after the end of the marriage relationship.

Unless otherwise stipulated by the concluded agreement, the marriage contract terminates upon registration of the dissolution of the marriage relationship (Article 43 of the RF IC).

If the marriage is declared invalid by the court, then the contract is automatically invalidated (clause 2 of article 30 of the RF IC).

Article on the topic: amendment and termination of the marriage contract.

Document structure

What may be included in the contract

The following points may be stipulated in a marriage agreement:

• the procedure for distributing monetary income of each spouse. Income refers to the spouse’s earnings and all bonuses transferred to him, income received from the disposal of property (renting, selling, etc.). The spouses may indicate that all income belongs to the party who is their recipient, or a shared or joint distribution of funds may be established;
• procedure for bearing expenses. This refers to spending money on family needs, for example, purchasing food, clothing or household items, paying utility bills, educational and medical services, keeping pets, etc.;
• procedure for disposing or using property acquired or obtained by other means;
• procedure for disposing and using existing property;
• possibility of mutual content. The norms of the RF IC provide for additional assistance to a disabled or partially able-bodied spouse, in addition to the financial assistance already due to him. Such a condition can be established for both current and former spouses.

The procedure for the use and disposal of property can also be established in the event of a divorce or death of one of the spouses. In the event of death, civil law rules regarding the procedure for inheriting the property of a deceased person will also be involved.

The terms of the agreement in such a case must not contradict the inheritance regime, otherwise the rights of the remaining heirs may be infringed.

An agreement may be concluded under suspensive or disqualifying conditions.

A suspensive condition provides for postponing the fulfillment of the terms of the concluded agreement until a certain date. For example, the contract may indicate that a car that was purchased during marriage and is joint property will become the property of the wife upon the birth of a child.

A cancellation condition means the cancellation of any of the clauses of the contract upon the occurrence of a certain situation or date. For example, joint property (for example, an apartment), acquired over the years of marriage, during a divorce will go to the party that did not contribute to the occurrence of the circumstances that led to the divorce.

The contract may also establish the type of ownership of the property:

• share;
• joint;
• personal.

When establishing a shared type of ownership of property that belongs or will belong to spouses, the parties indicate to whom, what and in what shares the property will belong. For example, the parties agreed that when purchasing a country house, shares would be established in proportion to the amounts contributed by the parties to purchase the house.

The emergence of joint property among a married couple is provided for by the Family Code, however, in the marriage contract it can be discussed which property will be joint. For example, when further purchasing a house, car and garage, the spouses agreed that only the house would be transferred into joint ownership, while the garage and car belonged entirely to one of the spouses.

Personal Property – Establishing full ownership of property acquired before or during marriage. For example, purchased household appliances (plasma TV), in the event of a divorce, will not be the subject of a dispute, since the document states that this TV belongs only to the spouse and the wife does not lay claim to it.

As for the premarital property of the spouses, the type of ownership can also be established for it.

Initially, all this property was the personal property of each party, however, upon concluding a marriage and agreement, it can be indicated that the wife’s property, which belonged to her before marriage, becomes joint property, or shared property, indicating the desired shares of each spouse.

But premarital property owned by one of the parties cannot be completely transferred to the ownership of the other party after marriage. In this case, we are talking about a gift agreement, and this is not included in the marriage agreement.

What cannot be included in the contract

The terms of the marriage contract cannot conflict with modern legislation:

• conditions that could lead to a severe disadvantage for one of the parties to the contract. Since the contract deals with property relations, the inclusion of certain conditions due to great attachment and personal dependence may subsequently lead to the emergence of a situation that violates and significantly infringes on the rights of one party;
• conditions affecting the legal capacity or performance of any party. Thus, an agreement cannot establish rules regarding the choice of one of the parties to the agreement regarding the sphere of activity, religion, freedom of movement (Article 26, Article 27, Article 28, Article 29 of the Constitution of the Russian Federation), the possibility of obtaining professional education, conditions that limited civil, political and other rights of the spouse provided for by the Constitution of the Russian Federation. The legal capacity and legal capacity of a person can only be limited by the court;
• conditions limiting a party's right to judicial protection. Restriction of this right is a special case of limitation of legal capacity;
• conditions governing relationships related to raising children. Since a marriage contract can only regulate relations of a property nature, with regard to children, the contract can only take into account the procedure and amount of payment for educational institutions, sections and other material needs. As for the moral side, the contract cannot establish to whom, after the divorce is concluded, the child will go to be raised, since in this situation, first of all, it is necessary to take into account the wishes of the child himself. This issue is resolved between the spouses without drawing up an agreement, taking into account the interests of the child, his attachment to one of the parents, his age and other qualities;
• clauses regarding personal non-property relations of the parties. The prohibition on introducing such provisions lies, firstly, in the impossibility of leading to their enforcement;
• requirements for limiting the disability of one of the parties and receiving maintenance for them. Since we are talking about the vital maintenance of a person, the inclusion of restrictions will lead to the invalidity of such an agreement.

• The inclusion of a term that, according to the law, cannot be included will lead to full or partial invalidation of the agreement.
• The rules regarding the completion of a bilateral transaction, provided for by civil law, apply to a marriage contract, therefore all terms of the contract must be of a volitional nature and be included independently and without coercion.
• By the claim of one of the parties, a marriage contract that was concluded under the threat of violence, or concluded fraudulently, abusing the trust of the party, will be declared invalid by the court.
• Article on the topic: conditions for concluding a marriage contract.

Step-by-step algorithm of action

Having decided on the content, you can begin preparing documents. It is extremely important to provide documents that confirm ownership of all property acquired before marriage and in relation to which certain conditions will be included in the agreement.

With a fully collected package of documents, the parties need to contact a company that provides notarial services to the public. Payment for notary services will be based on the cost of the state fee and the cost of drawing up the contract form.

Standard sample marriage contract

This is what a sample of a typical marriage contract looks like:

Cost of compilation

Prices for concluding a contract vary depending on the chosen notary and the place where the contract is concluded. Drawing up, making changes, as well as notarization of the agreement are paid at different prices.

Assistance in drawing up a draft contract costs on average from 5,000 to 10,000 rubles. Drawing up an additional agreement, including changing the terms of a previously drawn up agreement, costs around 5,000 rubles.

1. Self-certification of a document by a notary, without the help of lawyers, costs about 500 rubles (the amount of the state fee), but if you need to use the help of a specialist, the cost of the service can reach 5,000 rubles.
2. In addition, if individuals also require assistance in collecting a package of documents, the cost of the service may increase according to the tariff of the law firm that will provide such service.

How to correctly draw up a marriage contract between spouses - a sample and important nuances

When a woman and a man register their relationship with the registry office, the norms of the Civil and Family Code begin to apply to their relationship. In the future, if the spouses decide to divorce, the jointly acquired property will be divided in accordance with the provisions of the current legislation.

This does not always meet the wishes of the parties. They have the right to take care in advance to protect their property interests and draw up a marriage contract, a sample of which can be found on our website, and subsequently agreed upon with a lawyer and a notary.

Definition and nuances

A marriage agreement is an official document regulating the property and other rights and obligations of spouses. This is a civil legal transaction concluded between a husband and wife.

The document specifies the legal status of the property:

• that the spouses had before marriage;
• acquired during life together.

The contract may regulate the financial rights and obligations of the spouses regarding:

• necessary contribution to the formation of the joint budget;
• participation of one party in the expenses of the other;
• paying off the debts of one of the spouses during the marriage;
• the amount of alimony in the event of a breakup;
• payment of moral compensation upon discovery of treason, etc.

Drawing up a marriage contract is the right of citizens leading a family life or a couple planning to get married. Transfer of claims to third parties is not permitted. This means that another person, even with a power of attorney, cannot sign the agreement.

The legislation does not limit the list of issues that a marriage contract can cover.

At the same time, it is indicated what responsibility the husband or wife will bear in case of violation of the provisions of the document.

Requirements for drawing up a contract

The Family Code (Article 42) establishes certain requirements for the structure and content of an agreement concluded by spouses. They boil down to two points:

1. The clauses of the agreement cannot contradict the current legislation of the Russian Federation.
2. The provisions of the contract must not infringe on the legitimate interests of the parties, otherwise the document will be considered void.

All language used in the agreement must be extremely clear. The use of phrases that suggest ambiguity is not permitted. All amounts and dates are written in numbers and letters. The full names and addresses of the parties to the transaction are written without abbreviations.

Prohibited:

• Include provisions in the document that limit the legal capacity of the parties. Regardless of the situation, they can draw up wills, go to court to protect their interests, etc.
• Write down in paper restrictions regarding the upbringing of common children and communication with them.
• Limit the rights of a disabled spouse to receive government assistance.
• Draw up a contract in such a way that one of the parties finds itself in an extremely unfavorable financial situation.

The form of the prenuptial agreement is often negotiated with the lawyer. This is not necessary if the parties, without the help of a third party, can draw up a document that does not contradict the norms of Russian law. The intentions of the spouses are certified by a notary, who does not check the nuances existing in the document.

Procedure for drawing up the document

The easiest way to correctly draw up a marriage contract is to seek help from a qualified family lawyer. If spouses, in order to save money or for other reasons, do not want to use his services, they are recommended to adhere to the following plan:

• data of the parties;
• property rights of each spouse;
• financial rights and responsibilities (formation of a general budget, etc.);
• liability for violation of the provisions of the contract;
• procedure for resolving disputes;
• rules for amending the contract;
• passport details of husband and wife.

Drawing up a marriage contract allows you to change the property regime in comparison with the procedure prescribed by the Insurance Code and the Civil Code of the Russian Federation.

According to these documents, all property acquired during marriage (with the exception of personal items) is recognized as joint property and is divided in half upon divorce.

The contract can include provisions on separate ownership, for example, that the purchased apartment goes to the wife, the car to the husband, etc.

The completed agreement must be certified by the signatures of both spouses. The place and date of its compilation are indicated. The contract must be printed in two copies, one remains for the husband, the other for the wife.

Cost of preparing a marriage contract

The cost of preparing an agreement between spouses consists of two cost items:

Lawyer services

A competent lawyer reads the text of the agreement, helps formulate the requirements and wishes of the parties, and analyzes them for compliance with current legislation. His help guarantees that the contract will not be considered void in the future.

The law does not oblige spouses to seek the assistance of a lawyer. This is their voluntary decision, allowing them to save time, nerves and protect themselves from possible problems later. The cost of a lawyer’s assistance is 5-10 thousand rubles.

If desired, spouses can find a sample marriage contract on the Internet and prepare their own contract based on it.

Notary services

According to the provisions of Art. 41 of the RF IC, a marriage agreement must be certified by a notary. Failure to comply with this requirement entails recognition of the document as void.

The cost of a marriage contract from a notary varies depending on the pricing policy of the chosen office. On average it is 500 - 1,000 rubles.

If in the future the parties decide to change the terms of the agreement, they will have to pay the lawyer’s services and the notary’s fee again.

How to draw up a marriage contract correctly: samples and examples of filling it out

Concluding a marriage contract is a way to change the regime of division of jointly acquired property of spouses in a marriage upon its dissolution. By default, all jointly acquired property is community property and upon divorce is divided between the parties in equal shares. A marriage contract allows you to change this procedure and outline the specific obligations and rights of spouses regarding property relations.

How to compose it correctly?

According to the Family Code, a marriage contract can exclusively regulate property relations between spouses. Therefore, it is not allowed to include in the contract provisions regarding personal relationships and the procedure for regulating relations with minor children (for example, with whom the child will remain after a divorce).

Features of drawing up a marriage contract:

• the marriage contract is subject to mandatory notarization;
• both persons planning to get married and spouses who are already married can enter into an agreement;
• if an agreement is concluded before the parties enter into marriage, it will enter into legal force after the conclusion of the marriage union;
• in a marriage contract it is not allowed to indicate clauses limiting the personal rights of spouses, their legal capacity, legal capacity and the right to conclude transactions;
• a marriage contract cannot regulate the personal relations of spouses: the opinion that the contract can indicate how much time spouses should spend together, the regularity of giving mutual gifts, etc. is a myth;
• a marriage contract can be changed or terminated if the spouses violate its clauses, upon reaching a mutual agreement or other conditions provided for by law.

Through a marriage contract, you can determine the property regime of the spouses, divide loan obligations, establish the procedure for distributing family income and provide for other nuances of property relations.

Is cheating on one of the spouses grounds for terminating the contract?

According to the Family Code of the Russian Federation, in paragraph 3 of Article 42 of which it is stated that a marriage contract is a means of regulating exclusively property relations between spouses, infidelity by one of the spouses will not be a sufficient basis for terminating or changing the marriage contract.

Cheating is the result of personal relationships between married people. It may be grounds for divorce, but it cannot influence the property relations established by the marriage contract.

Marriage agreement and mortgage

If a family is planning to purchase an apartment with a mortgage, it makes sense to think about concluding a prenuptial agreement. This is especially true if the spouses contributed unequal amounts of money to pay the down payment, or the mortgage was repaid at the expense of one of the spouses, while the other abstained from payments.

In a marriage contract, you can indicate which spouse will pay off the mortgage debt and will receive the right to a larger share of the property, indicate that one spouse will have ownership of the property, and the other will receive monetary compensation for his share, and indicate the amount of this compensation.

Let's look at several typical situations in which it makes sense to enter into a prenuptial agreement.

An apartment, the ownership of which was registered when the spouses had already entered into marriage, in any case will be considered the common and jointly acquired property of the spouses, according to the Family Code.

This does not take into account that the down payment on the mortgage could have been made by one of the spouses before the wedding.

Therefore, a prenuptial agreement in this particular case is clearly necessary to ensure the retention of property rights of the spouse who has invested most of the funds in purchasing the apartment.

It is necessary to indicate in the provisions of the marriage contract that the ownership of the mortgaged apartment will fully belong to the spouse who made the down payment and made payments to repay the mortgage.

The apartment was purchased with a mortgage using funds from the parents of one of the spouses

The conditions for obtaining a mortgage loan in our country are such that a bank client who has reached a certain age cannot receive funds to purchase a home. Therefore, parents who want to help the new family financially simply provide money for the down payment and help pay off the mortgage payments.

In this case, the mortgage and ownership of the apartment will be issued to one of the spouses, which deprives the parents of the rights to the acquired property. Therefore, it makes sense to conclude a marriage contract, indicating in it that in the event of a divorce, ownership of the apartment will remain with the spouse whose parents actually purchased the property.

 Paying off mortgage debt after divorce

By default, loan debts are distributed equally between spouses. This procedure is established by the Family Code. Moreover, if one of the spouses evades his part of the mortgage debts, the second will have to pay the debts for both, and then, through the court, seek compensation from the negligent other half.

To avoid such a problem, you can conclude a prenuptial agreement, indicating in it which spouse will pay off mortgage debts, and who will be fully or partially released from financial responsibility.

Marriage agreement establishing a separate property regime

According to the Family Code, all property acquired during marriage is the common property of the spouses and is divided in equal shares upon divorce. Thanks to the conclusion of a marriage contract, this procedure can be changed by establishing a completely separate regime of joint ownership.

The following points can be included in such an agreement:

• In the event of a divorce, the property will go to the spouse to whom the ownership of this property was registered;
• if the property is not subject to state registration, it will go to the spouse who invested in the acquisition of this property;
• property received by one of the spouses under contracts of gift or inheritance will be his personal property after a divorce;
• if the value of the property was increased due to investments of one of the spouses, upon divorce it will belong to him;
• earmarked income will belong to the spouse to whom it was paid upon divorce;
• bank deposits, together with interest on them, will be the property of the spouse in whose name they were registered;
• Luxury items and personal items will become the property of the spouse who invested in their acquisition during a divorce;
• the spouse who owns the residential premises grants the right to use this premises to his other half for the period of marriage, and in the event of a divorce this right of use is revoked;
• the spouse is exempt from liability for transactions made by the other party without his written consent;
• Collection of obligations is borne only by the spouse who owns the property on which the penalty is imposed.

Thus, concluding a marriage contract is an excellent way to regulate property relations between spouses, allowing one to avoid mutual disagreements during a divorce and controversial issues during the division of property.

Features of drawing up and concluding a marriage contract. Sample document

A prenuptial agreement is intended to regulate property relations between spouses. Such an agreement allows you to clearly determine what property and under what circumstances will remain with each spouse in the event of a divorce.

Where can a conclusion be made and who draws it up?

Where is the marriage contract concluded? Based on the requirements of clause 2. Art. 41 of the Family Code of the Russian Federation, a marriage contract must be drawn up in writing and must be notarized . The parties must sign the document in person. It is necessary to prepare three copies: for each spouse and notary.

Thus, to give the agreement official force, a visit to a notary is sufficient. In addition to certifying the contract, the notary provides services for drafting the text of the document. Such services are paid in accordance with established tariffs.

The average price for the service is 2000 rubles. Any company providing legal services can also help you draft the text of a document correctly.

You can find out more about how to correctly draw up a contract and whether it is necessary to notarize the document here.

Is it possible to write the text yourself?

Is it possible to draw up a contract yourself? If desired, the spouses can draw up the text of the agreement themselves.

It should be remembered that the text of the document must include all the main conditions for the validity of the contract on which the parties agreed.

Moreover, in the Russian Federation it is prohibited to include clauses in the text that do not comply with the rules of law: the document regulates exclusively property relations.

Under what circumstances is the procedure mandatory and under what circumstances is it not?

The conclusion of a marriage contract is not mandatory and occurs at the mutual desire of the parties. Nevertheless, the practice of drawing up a deed greatly facilitates property relations between marriage partners. The contract can clearly state how the income earned by each spouse will be distributed in the family.

A marriage agreement will not interfere in the following cases:

1. One of the spouses has a large business.
2. The presence of valuable movable and immovable property in one or both spouses.
3. The spouses have a significant age difference.

The procedure for concluding while married or before it

How a prenuptial agreement is concluded during and before marriage can be found below. The process of concluding a marriage contract is extremely simple.

Collection of documents. What documents are needed? For the procedure you will need:

• passports of spouses;
• Marriage certificate;
• documentation confirming ownership of the property.

Drawing up a marriage contract. At this stage, you should decide who will draw up the text of the document: a specialized company, a notary or a married couple on their own.

Visiting a notary to sign a contract. Before visiting a notary, it is recommended to clarify whether additional documents are required: in certain cases, the notary may ask to provide them. For example, an extract from the Unified State Register if one of the spouses is the owner of the business.

How to draw up this document correctly?

If the parties to the marriage decide to write the contract themselves, the basic rules for drawing up this document must be followed in accordance with the requirements of the law. Below you can find out how the contract is drawn up and what is included in it.

Form requirements

According to Art. 40 of the RF IC, a marriage contract is an agreement between the persons entering into marriage, or an agreement between the parties, defining the property rights and obligations of the spouses in the marriage and (or) in the event of its dissolution. Accordingly, the main subject of the agreement will be the property relations between husband and wife.

1. The agreement must be drawn up in writing. Prepare three copies of the document at once.
2. The essence of the contract must be extremely clear and precise.
3. Dates and numbers are written in words.
4. You should indicate the contact details of the parties and full name.
5. In the introductory part of the document you need to indicate its name, time and place of signing, information about the persons who will sign the contract.

There are no strict requirements for the structure of the text. It can be divided into sections if desired.

There is no single established model of a marriage agreement in the Russian Federation . The document can be drawn up in any form subject to the basic conditions: written form, notarization and property relations as the subject of the contract.

• the subjects of the contract are husband and wife;
• the subject of the agreement (the actual property relations of the subjects: this includes, for example, the property regime).

Parties

The parties to a marriage contract are married spouses . Also, the subjects of the contract have the right to be the bride and groom planning to get married. A prenuptial agreement can be concluded before entering into a marriage relationship. In this case, according to paragraph 1 of Art. 41 of the RF IC, it comes into force from the date of state registration of marriage.

Item

What is the subject of the contract? This is an important element of the contract, constituting its basic essence. As noted earlier, the subject of a marriage contract can be exclusively the property rights and obligations of the participants in the marriage. In this regard, the main element of coverage of the document is the various aspects of the property relationship between husband and wife.

In turn, a marriage agreement cannot regulate any non-material aspects of the marital relationship. For example, the document cannot include clauses regulating marital fidelity and gender roles in the family.

You can learn more about what kind of relationships a marriage contract regulates and what it cannot influence in this article.

Rights and obligations of the parties

What can be added to rights and responsibilities? The prenuptial agreement clearly defines the rights and responsibilities of the spouses. These may include:

• general principles of property relations in marriage;
• the principle of distribution of private property of spouses;
• a list of property subject to division during divorce;
• process of regulation of joint expenses.

The contract must spell out in detail the sanctions for the violator : what liability will occur if the terms of the contract are not fulfilled.

Property regime

In accordance with paragraph 1 of Art. 42 of the RF IC, the following property regimes can be established by a marriage contract.

1. Joint ownership. This regime is based on the right of spouses to use any property of their common household. To whom this property is registered does not matter. Property shares are not allocated in this case.
2. Shared ownership. The parties to the marriage decide who owns what share in the common property. Shares can be distributed in different ways (in equal proportions or not). Each spouse has the right to dispose of the allocated share at his own discretion, including selling or donating property. The choice of such a regime frees the parties to the contract from the need to divide property in the event of a divorce.
3. Separate property regime. In this case, the right to own specific property is strictly assigned to each spouse. Conditions are prescribed for each individual property object or for types of objects. The principle of separation is also determined voluntarily. For example, one of the participants in a marriage becomes the sole owner of a car if it is purchased at his expense or issued on credit in his name.

Can a prenuptial agreement be concluded with several conditions? It is permissible to combine different modes. A marriage contract, belonging to the group of civil legal relations, can be concluded under two conditions: suspensive and repealing.

Conditions precedent

Can a marriage contract be concluded with suspensive conditions and what can be included in them? With a suspensive condition, we are talking about the emergence of rights and obligations for one of the spouses, depending on a circumstance that may or may not happen in the future. The conclusion of a marriage contract under a suspensive condition is legal according to Art. 157 Civil Code of the Russian Federation.

Typically in family practice such conditions are:

• the appearance of children;
• loss of ability to work;
• purchasing real estate on credit.

For example, if a wife purchases real estate on credit, the husband will have the right to own it in proportion to his participation in repaying the loan.

Cancellative

Canceling conditions involve the termination of the rights and obligations of the parties to a marriage agreement when certain circumstances arise. This is a common condition in prenuptial agreements.

It can be perfectly demonstrated using classical examples. In particular, in the event of a divorce, all real estate becomes the property of the spouse only if she did not initiate it; otherwise, all real estate goes to the husband.

other information

What else can be included in the document? The marriage contract can also include information about the rights and obligations regarding mutual maintenance. The parties to the agreement may stipulate completely different terms of mutual content. For example, you can oblige a husband to pay his wife a certain amount after the birth of children until they come of age.

The prenuptial agreement is valid until the end of the marriage. Also, its validity may be terminated in the following cases:

• death of one of the spouses;
• recognition of one of the spouses as incompetent;
• voluntary termination by mutual consent of the parties.

Signature and entry into force

The contract can be signed before marriage , during marriage, or at any time after marriage. To give such an agreement official status, the spouses must sign it personally in the presence of a notary. In three copies.

The contract comes into force after the marriage. For already married couples, the contract begins to be valid from the day it is certified by a notary. Registration of a marriage contract between persons in a so-called civil marriage (cohabitation) is impossible (Article 21 of the RF IC).

Article 21 of the RF IC. Divorce in court

1. Divorce of a marriage is carried out in court if the spouses have common minor children, with the exception of the cases provided for in paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to dissolve the marriage.
2. Divorce is also carried out in court in cases where one of the spouses, despite his lack of objections, evades the divorce at the civil registry office, including refusing to submit an application.

Read more about what a marriage contract is, when it can be concluded and comes into force, here.

What cannot be included in such a contract in Russia?

What should not be included in the document? According to Russian law, a marriage contract cannot include:

Items relating to non-property relations. We are talking about any kind of love agreements:

• maintaining marital fidelity;
• alcohol consumption;
• distribution of household duties, etc.

Conditions implying restriction of the spouse's freedom. In particular, a prenuptial agreement cannot:

• deprive the parties of the marriage of the right to legal protection (go to court);
• deprive a disabled, needy spouse of the right to receive maintenance;
• limit the personal rights and freedoms of the parties to the contract given to them as citizens of the Russian Federation in accordance with current legislation.

Obligations to pay child support after divorce

The scope of the marriage agreement is strictly limited to property relations (what property issues are regulated by the contract between spouses?). Thus, the document cannot in any way regulate the relationship between a married couple and their common minor children. The payment of alimony also cannot be regulated by a marriage contract.

Nevertheless, there is an Alimony Agreement, which can specify the amount of alimony for each child, which he will receive after a divorce from one of the parents. The agreement can be drawn up at any stage of divorce and in the case when the family has actually broken up and the formal divorce process has not begun.

Are there any differences in registering a contract before and during marriage?

Are there any differences in how to draw up a contract while married and before? Sometimes partners need a prenuptial agreement after several years of marriage. As a rule, it is caused by a change in the financial situation of a family union or the emergence of serious property disagreements. In this case, you can conclude a contract at any time by signing it with a notary.

The subject of such a document will be property objects already acquired in the course of family life , and property that will be acquired in the course of family life in the future.

Concluding a marriage contract is not a tedious process. To successfully sign an agreement, you only need to correctly compose the text and have it certified by a notary. At the same time, having a prenuptial agreement will greatly facilitate the divorce process.

How to correctly draw up and formalize a marriage contract between spouses: completed sample - marriage contract: what is included in it and cannot be recorded

If the spouses have realized what the advantages of a marriage contract are and have mutually agreed on the need to conclude such a document, all that remains is to perform this decisive act at the notary.

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

This article is about what and how should be contained and written down in a marriage contract.

Correct preparation and execution of a marriage contract

The Family Code makes it clear: a marriage contract is concluded solely for the purpose of regulating property relations in marriage.

Therefore, it does not include provisions of a personal, non-property nature (for example, marital rights and obligations) and provisions relating to minor children (for example, upbringing, place of residence of children in case of divorce). This is one of the fundamental rules for drawing up a marriage contract.

There are other rules:

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

Through a marriage contract, you can determine the property regime of the spouses, divide loan obligations, establish the procedure for distributing family income and provide for other nuances of property relations.

What is included in a marriage contract and what can be stated in it?

Property legal relations in a family are a fairly broad area. This includes the procedure for acquiring, using and disposing of property, ownership of property, income and expenses, obtaining and paying off loans, division of property and debts in the event of a divorce, and much more.

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

We will discuss in more detail what and in what form can be provided for in a marriage contract.

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

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

• Name of the document: Marriage agreement;
• Place of conclusion of the agreement: city, region, country;
• Date of conclusion of the agreement (the date of conclusion of the agreement is the date of notarization of the agreement by a notary and the entry of its registration data into the register);
• Parties to the agreement: Full name spouse, passport details of the parties (date of birth, place of birth, registration address);

• Purpose, legal basis for concluding an agreement.

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

Let's take a closer look at what can be written in each section of the main part.

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

Let's say the computer and refrigerator belong to the husband, and the washing machine, iron and multicooker belong to the wife. Here it is important to indicate on what principle the division of property between the owners will take place.

For example, depending on whose funds the item was purchased, in whose name it was registered, who used the item in everyday life (it is stupid for a man to claim women’s jewelry or fur coats).

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

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

Rights and obligations of the parties to the agreement regarding mutual content.

Typically, a prenuptial agreement contains provisions for husband and wife to support each other. Although the obligation to support a spouse in the event of loss of ability to work and need is provided for by law, this document can expand the range of alimony rights and obligations of spouses in relation to a friend.

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

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

 Procedure for bearing expenses

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

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

• who will bear the costs of purchasing real estate, vehicles, furniture and household appliances;
• who will have to pay for the children’s education;
• who will bear the costs of current or major repairs of housing;
• Which spouse will be responsible for paying for vehicle maintenance and repairs;
• who will bear the cost of utility bills;
• who will pay for family vacations, travel, entertainment and recreation.

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

A prenuptial agreement is an excellent way to resolve possible or existing financial difficulties, in particular debts.

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

If a family plans to purchase an apartment with a mortgage, it would be useful to conclude a prenuptial agreement.

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

And if the loan is repaid by only one spouse, he will be the sole owner of the apartment after the loan is repaid. Another option; the right to the mortgaged property will belong to only one of the spouses, and the second will receive compensation for his share in monetary terms indicating the amount.

It is advisable to detail in the document the procedure for repaying the loan: who, in what amount, and within what time frame should make the down payment and loan payments. It is important to indicate the size of the shares belonging to each spouse.

To change these conditions through a marriage contract, you will need to obtain the consent of the bank and make appropriate changes to the mortgage agreement.

I must admit that banks very rarely and reluctantly take this step.

Property that is transferred to each person in a divorce.

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

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

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

The following provisions should be provided here:

• liability for violation of the terms of the marriage contract;
• rules for amending a marriage contract;
• grounds for one- and two-sided termination of the marriage contract;
• validity period of the contract, validity period of individual provisions of the contract;
• date of entry into force of the agreement.

Completion of the white paper; details and signatures of the spouses.

There are provisions that under no circumstances should be included in a prenuptial agreement, as this is contrary to the law and may invalidate the contract. These provisions are as follows:

• restriction of legal rights and freedoms of a person (the right to work, freedom to choose a place of residence, the right to receive an education, the right to choose the field of professional activity). For example, you cannot oblige a wife to give up the opportunity to study and work, or oblige her to run a household and raise children on her own. In the event of a divorce, you cannot demand that your husband leave his hometown and never return.
• Waiver of the right to protect one’s legal rights and freedoms, including through the courts.
• Non-property aspects of the relationship between spouses. For example, the obligation to give flowers on holidays, to remain faithful, and not to drink alcohol.