How to correctly conclude a prenuptial agreement before, during and after marriage: documents, cost, registration procedure

The nuances of the procedure for dividing jointly acquired property are regulated by Russian legislation. The main governing laws are:

In the event of divorce proceedings, all property is divided between the spouses in accordance with the legal regime. An exception may be the fact of the existence of a marriage contract. All the details regarding the execution of this agreement are described below.

How to draw up a marriage contract?

A prenuptial agreement is an agreement between a man and a woman who want to get married. The agreement must be drawn up in writing.

The purpose of drawing up this document is to distribute the rights and obligations of the spouses in relation to their property.

A marriage contract differs from other types of transactions in the composition of the participants, the subject of the agreement, and also in its content.

An important feature when drawing up a marriage agreement is the fact that the rules for the use of property not only jointly acquired, but also acquired before the conclusion of official marriage relations can be specified. Therefore, the law allows a marriage contract to be drawn up:

• before marriage;
• during the period of official marital relations.

The legal significance of a document is acquired if the document is concluded:

• before marriage. This means that it comes into effect after the official registration of the marriage relationship;
• during the period of the marriage. In this case, the document acquires legal significance after a notary’s mark is affixed to it, indicating its authentication.

Algorithm of actions when concluding a marriage agreement:

• future spouses draw up a marriage contract. The agreement is drawn up in three copies. One for the husband, the second for the wife and the third for the notary office specialist;
• a package of documentation is collected;
• the document is notarized;
• husband and wife pay for notary services and receive their documents in hand.

To certify a marriage contract by a notary, you must submit a package of certain documents:

• marriage contract - 3 pieces;
• passports of husband and wife;
• marriage certificate, if the agreement is drawn up during the period of official family relations;
• papers for property that will be divided between husband and wife upon divorce.

What is the price?

Notary services are paid. The cost of registering a marriage contract depends on the list of services provided by the notary office specialist. Namely:

• does the notary provide advice on drawing up the text of the marital agreement;
• whether the agreement is drawn up by the notary himself;
• does the notary office specialist make changes to the text of the document;
• affixing notarization on the agreement form.

The price for drawing up a marriage contract in all notary offices may differ, but the amount of the state fee for affixing the certificate mark is regulated at the legislative level. The Tax Code contains terms of payment and the amount of state duty for the provision of any services related to the preparation of documents.

In accordance with tax legislation, the fee for notary services for certifying a marriage contract is 500 rubles. Each notary office has the right to increase this figure by one and a half times if the documentary certification is carried out outside the notary office.

According to the text of Article 333.38 of this law, some citizens are provided with benefits for using the services of a notary. Benefits include:

disabled people (grade 1 and 2), they are provided with a discount of 50%;

The following categories are not required to pay state duty:

• who bequeath property to the Russian state or municipalities;
• organizations of disabled people;
• organizations of self-government and power.

Sample marriage contract

Drafting a marital agreement requires care. Its text must contain the following mandatory points:

• information about the parties to the agreement - the husband and the wife;
• rights and obligations of a married couple;
• penalties for non-compliance with the terms of the marital act;
• details of the parties;
• conditions for the distribution of property.

If one of the above points is missing from the text of the marital agreement, then its certification by a notary will be refused.

In accordance with the provisions of Russian legislation, there are restrictions on the inclusion of certain conditions in the contract. The following conditions cannot be specified in the text:

• on restriction of the rights of spouses;
• on limiting the legal capacity of the parties;
• about personal relationships;
• on the possibility of drawing up a unilateral refusal to fulfill one’s obligations in accordance with the text of the marital agreement.

The content of the contract concluded between spouses is permitted to include the following information:

• on the distribution of material assets and income;
• rights and obligations of spouses in relation to distributed property;
• about changes in the property regime.

In order for the text of a marriage contract to comply with all legal requirements, its appearance must reflect:

• document's name;
• information about spouses;
• evidence of family ties;
• property regime;
• rights and responsibilities of married people;
• living conditions;
• liability measures;
• additional conditions according to the parties;
• signatures of the married couple.

You can familiarize yourself in detail with the form of the agreement by studying the sample marriage contract.

Changing or terminating a marriage contract

Russian laws state that changes and termination of a marital agreement are possible only if there are grounds. These procedures are carried out in two ways:

• by mutual decision;
• if agreement is not reached, then in court.

Rules for making changes

To make any changes to a document, the following reasons are required:

• changes in life circumstances in the future that could not be foreseen when drawing up a family agreement;
• insurmountable conditions prevent you from fulfilling your obligations;
• when fulfilling all obligations according to the text of the marital agreement, the rights of one of the parties will be infringed.

The procedure for amending a marriage contract is as follows:

Voluntarily . The spouses, by mutual agreement, should draw up a new document indicating all changes, additions and amendments to the previously drawn up agreement. The newly drawn up marital contract is also subject to mandatory notarization. If the form is not marked by a notary, then all changes will be considered invalid.

Through a judicial institution. An appeal must be sent to this authority only in cases where the husband and wife are unable to voluntarily agree on changes to the family contract. To create a new version of a document, you must file a statement of claim, attend the hearing, and wait for the judge’s verdict.

Rules for terminating a marriage contract

As with modifications, terminating a marital contract requires compelling circumstances. The grounds for termination include:

• one of the parties (husband or wife) does not fulfill the essential terms of the marriage agreement;
• life circumstances have changed significantly and at the moment the text of the agreement does not have its original meaning.

Termination of a marital contract between spouses on a voluntary basis begins with the drawing up of a special document.

The notary will certify the deed if the spouses provide a package of documents:

• Russian passports;
• previously executed marital agreement;
• marriage certificate;
• termination agreement.

Termination of a marriage contract when applying to a court consists of several stages:

1st - drawing up and sending a notice to the second spouse. In the text of the notice, you must explain your desire to terminate the contract, and also describe the period within which a response from your spouse should follow. For example, you can specify 30 days. And if within this time there is no answer or it is negative, then you should go to court.

2nd - preparation of papers for submission to a judicial institution. The general list of documents consists of:

• plaintiff's passport;
• statements;
• document on registration of official marriage relations;
• marriage contract;
• a copy of the notice that was sent to the second spouse;
• evidence of the grounds for filing the claim;
• receipt for paid state duty.

3rd - submitting documents and claims to the court for consideration.

4th - attending the trial and waiting for the decision of the head of the court. If a satisfactory answer is received, the family agreement loses its legal significance at the moment when the court decision comes into force.

Is it possible to draw up a marriage contract without the participation of a notary?

In accordance with the law, affixing a notarization when drawing up a marital agreement is a mandatory procedure. In the absence of a notary's office mark, the document is considered invalid, and accordingly, the fulfillment of obligations in accordance with its text is not recognized by law.

When contacting a notary with a request to certify a marriage contract, he carries out the following actions:

• verifies the authenticity of documents submitted by spouses;
• determines the legal capacity of applicants;
• checks the text of the family agreement for compliance with legislative norms;
• affixes his identification;
• makes an entry in the register about the certification of the marriage contract.

Important! The legal force of the agreement is recognized only after passing the notarization procedure.

How to draw up a marriage contract

Love is a wonderful feeling, in the presence of which lovers unite their destinies together, creating a new unit of society. A wedding is always a wonderful and most important moment in every person’s life, but today you can’t look at the world through rose-colored glasses. You need to address the question in advance: how to draw up a marriage contract.

Basics of a prenuptial agreement

Drawing up a marriage contract is not an act of distrust in a spouse, but, above all, an additional guarantee of one’s own well-being in the event of a divorce. The Family Code of the Russian Federation provides for two options for the distribution of material rights and obligations:

1. Legal - after a divorce, all property is divided into equal shares;
2. Contractual - a married couple enters into a contract, the terms of which determine clear shares of the property and other assets of each spouse.

To draw up a marriage contract, you need to prepare a number of documents (each of which must be both original and copy):

• Marriage certificate (if it is already registered);
• Child's birth certificate (if available);
• Certificate of ownership of real estate and other property of two spouses.

Preliminary stage

Drawing up a marriage contract is a simple formality, but not every spouse is ready to take such a step. Initially, you need to discuss with your significant other the very fact of signing the contract. Sometimes making a decision on this issue takes a certain amount of time.

As a rule, the spouse weighs all the pros and cons in detail, then expresses his objective attitude towards the marriage contract. The main thing is to convey to his consciousness the fact that there is nothing wrong with him.

According to the legislation of the Russian Federation, a marriage contract can be concluded at any stage of life together:

1. Before marriage;
2. Any time after the start of married life.

In order for the agreement to take place as quickly as possible, you need to think through in advance all the issues that you would like to clarify in the prenuptial agreement. As a rule, among the list of such questions remain:

• The procedure for dividing property during divorce;
• Right to property;
• Share in property in the presence of a joint business.

The legislation of the Russian Federation is structured so that any marriage contract must comply with the general rules:

• Regulation of exclusively property issues;
• Compliance with the full legal capacity of each spouse, preservation of their rights to appeal to judicial authorities if it is necessary to change any clause of the contract;
• Inclusion in the contract of those clauses that contradict regulatory legal acts.

Registration cost

Evaluating the registration of a marriage contract consists of several criteria:

1. Consultation with an appropriate specialist who specializes in this field;
2. Drawing up the contract itself;
3. Clarification of all unclear nuances regarding the content of the contract;
4. Amendments to the contract;

Before drawing up such an agreement, it is necessary to clarify how much it costs to conclude it and to have a competent lawyer accompany you throughout the entire transaction.

On average, the price in typical notary offices is approximately the same. Therefore, you do not have to stand in long queues of one agency. In general, each service has its own cost.

So, be prepared to pay for what will happen:

• An agreed agreement has been drawn up - from 5 thousand rubles;
• Amendments have been made to the content of the contract or it will be terminated - from 10 thousand rubles;
• Accompanying a lawyer with providing the necessary assistance during notarization – from 5 thousand rubles.

It should be noted that the above amount does not include the service for collecting the required package of documents. There are companies that take care of this type of work and include this service in their price list, but in this case the price for completing the contract will be slightly higher.

If you are offered assistance in selecting the necessary documentation, it means that the agency takes on requests to the EIRC, BTI, Civil Registry Office and other enterprises that are involved in registering contracts the subject of which is real estate.

Procedure for concluding an agreement

Registration of a marriage contract is a fairly simple procedure that consists of several stages:

1. Providing all necessary documentation;
2. Signing an agreement with the company that it will provide a number of services regarding the preparation and execution of the contract;
3. Arrival on the required day at the notary;
4. Payment for services.

In this case, you should pay attention to the moment when the contract comes into force.

If you draw up such an agreement already as a married couple, then it acquires legal force from the date of notarization.

If you decide to draw up a marriage contract before marriage, it is considered valid only after your relationship has been formalized in the registry office.

Also, you need to correctly formulate the terms of the contract. It may be declared invalid if the condition is that the spouses be faithful or get rid of bad habits. However, you can correctly introduce this clause by indicating the sanction for treason in the form of deprivation of a certain share of property in the event of divorce.

Notarization

In judicial practice, there have been cases when a marriage contract was declared partially or completely invalid. This happens if it contains conditions that contradict the current laws and regulations of the Russian Federation, if they negatively reflect on the standard of living of one of the parties.

If you do not notarize your agreement, it will lose legal force. Therefore, this procedure should not be neglected.

After you provide all the necessary documents to the notary company and the notary checks them, a preliminary agreement (layout) will be drawn up.

It is provided to the parties for review; if they have no objections to the content, this contract is concluded on the spot. After this, it is certified by the signature of a notary, and the parties receive 2 sample contracts.

Termination of the contract follows the same principle. However, if one of the spouses is against it, this issue is resolved exclusively in court.

Conclusion

The divorce process consists of many nuances. That is why lawyers always advise taking care of your future in advance by drawing up a marriage contract. It helps to provide the parties with a special procedure for distributing shares of property and will protect your marriage.

How to correctly conclude a marriage contract: during and before marriage, sample, documents, cost

From year to year, families are statistically becoming more fragile. The division of property is often the subject of litigation. Therefore, more and more often, when getting married, spouses sign a special contract. Concluding a marriage contract that complies with the law is a guarantor of financial security.

Distinctive features of a marriage contract

The essence of this concept is set out in the RF IC. In it, a marriage contract is an agreement between people entering into a legal marriage, which regulates the obligations regarding property for the entire period of marriage. It determines the will of both parties.

The property division regime is used both contractually and legally defined. Agreements from the field of family law (for example, distribution of parts during division) and civil law (for example, donation) are applied.

The marriage contract is characterized by:

• gratuitousness;
• bilateral binding;
• Consensus (sufficiency of agreement of the parties).

The spouses received the right to determine the order of legal ownership of property through the conclusion of a contract in 1994. The then adopted Civil Code determined this possibility. A separate chapter No. 8 on the marriage contract was highlighted in it in 1996.

However, as of 2018, the practice of applying this norm cannot be considered frequent. Statistics indicate a figure of 5% of the total number of marriages.

Purpose of a marriage contract

In Russia, such a document is intended to regulate exclusively property issues. For comparison: in America and a number of other countries, such a document also defines the non-property aspects of relationships: the order of contacts with children, housekeeping, intimate issues.

For citizens of the Russian Federation, the following aspects of the relationship can be defined:

• mode of joint, separate, shared ownership;
• norms of distribution for personal (for each party) and common property;
• rules for the distribution of property, including future property;
• division procedure in the divorce process, alimony obligations;
• determination of sanctions for non-compliance with the contract.

If one party becomes disabled, the other must provide maintenance outside the marriage contract.

It is prohibited to include clauses in the marriage contract:

• violating the rights of a husband or wife defined by law (for example, a ban on employment);
• related to non-property issues, for example, various issues about children not related to their maintenance;
• regulating property relations upon the death of one of the spouses (this will become a substitute for a will);
• affecting parental rights.

People have the right to conclude a marriage contract in the Russian Federation if they:

• different gender;
• have no legal obstacles to entering into a marriage (for example, a registered relationship with another person);
• have reached the age of marriage;
• recognized as competent.

The issue is considered individually. For example, when for certain reasons the age of consent is lowered.

Conclusion rules

There are three basic rules for concluding a marriage contract in Russia.

Written form

An oral agreement of this kind is invalid. Signatures of the parties are required. Certain content requirements have been established.

Important! A document of this kind prepared in free form will be considered invalid.

Time of confinement

The contract can be officially formalized both before marriage and later, during one or another period of the family’s existence. It automatically becomes valid from the moment of signing, but not before the official marriage is formalized.

Before marriage

There is no time limit for concluding a contract in the law. For comparison: in Germany (and a number of other countries) such a document is signed only after marriage. And with us, it can be concluded only by persons who have expressed such an intention.

Reference! A marriage contract can acquire legal force only after the official registration of the marriage.

If the marriage does not take place for a certain reason, the contract will not acquire the force of law. This will not entail legal consequences.

When registering, the proposed property is taken into account. This may include, for example:

• any real estate;
• shares in commercial enterprises;
• pieces of furniture, household appliances;
• vehicles.

Premarital property does not become marital property. Transferring anything to your future spouse through a prenuptial agreement is not recommended. For such purposes, there is a donation procedure.

During marriage

During the existence of a family union, a marriage contract can be officially formalized at any time. Property acquired during marriage (including debts) is considered joint property. This does not include:

• personal gifts;
• inherited items;
• intellectual property products;
• personal belongings.

The contract specifies the effect of legal or contractual provisions in relation to joint property.

After the dissolution of the marriage, such a contract cannot be drawn up. Property disputes in this case are governed by an agreement on the distribution of property acquired during marriage. However, the validity of the previously executed contract continues after the divorce under the clauses of division and determination of maintenance.

Notarial support

The document must be officially certified by a lawyer (otherwise it will be invalid). The notary office where the signing procedure is planned to take place may be public or private.

Conclusion procedure

The sequence of actions for registering a contract follows a certain algorithm:

• decision-making;
• drawing up a contract;
• notarization.

You can prepare a marriage contract yourself or use legal services.

1. Decision-making. The spouses must come to a common opinion on this issue, discuss the planned clauses of the contract first orally, then write down the main ideas in writing. Article 42 of the Family Code will help determine the content of the planned document.
2. Drawing up a contract. It must be in writing and notarized. If any difficulties arise, you can edit the sample to suit your data or seek legal assistance from a professional. But the last option is paid.
3. Notarization. It is carried out in a law office if the requested documents are available (passport, marriage certificate, proof of ownership). For this purpose, you may need: documents from the BTI for property, extracts from the Unified State Register, and other authorities. Both parties are required to be present when signing the document.
4. Payment of state duty. Its size is fixed - 500 rubles. For legal services for document preparation, “legal and technical work,” an additional payment will be required (from 5,000 to 10,000 rubles).
5. Receive your copy of the contract. There are 3 sets in total (for each of the parties and the notary). An entry is made in the register, after which the agreement comes into force.

What documents will be required

You will need a basic package of documentation, which should be prepared in advance. These are the documents:

• identification documents of the parties;
• on the conclusion of a marriage union;
• about the property provided in the agreement: real estate, accounts, shares.

A draft agreement will be required in triplicate.

Contents of the marriage contract

The basic parts of the document are:

1. Introductory part.
2. Statement of the goal.
3. Main part.
4. Final part.
5. Indication of details of the parties, signatures.

The introductory part contains the name, location, date and personal details of the parties:

• FULL NAME;
• birth details;
• passport and marriage document details.

The information must be reliable and correspond to the originals.

The main part is divided into subsections according to the areas of property-defined relations.

Ordered:

• ownership mode: shared, separate, joint;
• rights of the parties, their obligations;
• attitude towards debt obligations;
• income regulation procedure;
• rules for the division and assignment of alimony in case of divorce.

The contract specifies which property it applies to. For example, according to the contract, the wife's premarital property becomes common property. Or the income is intended only for one of the spouses.

The final part records the fact of familiarization with the document and the consequences of violating its provisions. In each individual case, the conditions of the individual family and their property legal relations are taken into account.

Cost of conclusion

There is no fixed price for project development services. It depends on the individual prices of legal organizations.

Reference! From 5,000 to 20,000 rubles may be needed for payment.

To certify a project with a notary, you must pay a fixed amount of 500 rubles, determined by the tax code.

Project preparation in a law firm	5000 – 1000
Technical and legal control by a notary	5000
State duty	500
Making changes if necessary	5000

To save money, you can contact a notary directly, before a lawyer. Then preparing and checking the layout will be counted as one action. You can avoid paying for the layout at all by preparing it yourself.

Nuances of introducing issues into a marriage contract

The contract reflects issues of movable and immovable property, features of the distribution of shares in the business and payments of debts.

Real estate

The real estate reflected in the contract must be registered. All documents must be prepared according to the rules. They indicate who is obliged to maintain the property and has the right to use it.

Movable property

Registration of a vehicle with the traffic police is not related to property rights to it. However, upon transfer to his husband (wife) under the contract, appropriate re-registration is recommended.

Movable property has a significantly shorter service life than real estate. In this regard, by the time of a possible division it may not even be available. There are several options for reflecting it in a marriage contract:

1. Instead of specifying specific items, define in the contract a share of the total cost for each spouse.
2. Divide the property by type: what from the list is intended for each of the parties: pieces of furniture, household appliances.
3. With the option of separate ownership, the owner must be identified for each item, regardless of who purchased it.
4. When buying expensive things, make changes to the contract.

The spouses choose one of these or another method themselves.

Loans and debts

Problems with debts (for example, on a mortgage) can be easily resolved with the help of such a contract.

Different property regimes apply:

• joint (debts are distributed equally);
• shared (payment of debts in accordance with the size of the share);
• separate (everyone is personally responsible for their debts).

However, there are different nuances and life situations. And creditors have the right to go to court with a claim to terminate the marriage contract under the influence of circumstances, for example, if one of the spouses loses the ability to work.

Pros and cons of a prenuptial agreement

This document can have positive and negative sides.

Positive sides:

• absence of property disputes;
• early resolution of debt issues;
• avoiding lawsuits;
• saving nerves and time.

Negative sides:

• certain financial costs when preparing the document;
• determination of only property relations;
• the possibility of declaring a document invalid;
• psychological attitude towards the lack of complete trust.

Many people are hesitant to draw up a marriage contract simply because they have determined that the relationship is insincere.

Changing the marriage contract

Additions are also signed in the presence of a notary. They can also be introduced in court if the terms of one of the parties are violated.

Termination conditions:

• procedure for dissolution of marriage;
• a bilateral decision to terminate, formalized;
• invalidity recognized by the court;
• the arrival of a fixed deadline.

The law allows changes to the contract in the personal presence of the husband and wife and their mutual consent. For this purpose, a new written document is drawn up.

It is important to know! A marriage contract is not terminated when it is initiated by only one of the parties who entered into it (Article 143 of the Family Code).

The RF IC establishes the concept of a marriage contract and determines the procedure for its conclusion. This is a determination by spouses of their own free will of property relations in a document certified officially. In Russia, such a contract is not widely used.

Spouses themselves determine the criteria for their own property agreement during the marriage and if it is dissolved. If such a document is properly executed, the property interests of the husband and wife are legally protected.

Prenuptial agreement after marriage: is it possible to conclude and how to draw it up?

The financial side of family life is considered a personal matter and is not subject to discussion with third parties. Therefore, in Russia, concluding prenuptial agreements during marriage is not common. In this case, the document is a means to ensure the safety of the funds of one of the spouses, regardless of the actions of the other. Let's look at a sample marriage contract for married citizens.

What does a marriage contract provide and regulate?

A prenuptial agreement is an agreement between husband and wife, or future spouses, regarding the division of property, property rights and obligations. The parties to the agreement may be:

• husband and wife;
• bride and groom.

If the agreement is concluded before the marriage, then it begins to take effect only after the official registration of the relationship.

The possibility of concluding a contract appeared in the Russian Federation in 1994. From this time on, the parties were able to independently determine the procedure for the use and division of the personal and joint property of the husband and wife.

Currently, the Family Code of the Russian Federation contains Chapter 8, which is entirely devoted to the marriage contract. However, complete legislative regulation has not made the procedure for drawing up an agreement between spouses popular.

No more than 5% of all married couples in the country enter into a contract. Only a few of them registered it at their own request. In other cases, the initiators of the agreement are credit institutions.

Important! The contract may include terms regarding property, property rights and obligations. It is prohibited to introduce claims about non-property rights and personal relations of the parties.

The document regulates the following issues:

1. Regime of property of spouses (personal, joint, shared, separate). It is possible to provide different modes for different properties. For example, an apartment is in shared ownership, a car is in the personal property of the husband, and a dacha is in the personal property of the wife.
2. Property regime in relation to objects that will be acquired by a married couple during marriage.
3. Income regime of the parties. Income can be attributed to the joint property of husband and wife. In addition, part of the income may be attributed to joint property, and the remainder to personal property.
4. The procedure for dividing personal and joint property of the parties in the event of divorce.
5. Responsibility of husband and wife for violation of contract terms.
6. The procedure and amount of financial support for the spouse in the event of his incapacity for work.

It is prohibited to include in a marriage contract conditions that limit or violate the civil rights of the parties. Among them:

• employment ban;
• prohibition on going to court.

A marriage contract should not include provisions regarding the moral rights of the parties or regulate the private lives of the parties. These conditions include:

• cleaning the apartment;
• care for children;
• marital fidelity.

The agreement cannot include conditions that must be contained in other documents:

• in the will (conditions on the distribution of the parties’ property in the event of the death of one of the parties);
• in a notarial agreement on financial support for children (the procedure and amount of alimony payments for the joint children of a married couple).

The procedure for registering and drawing up a marriage contract

The marriage contract must meet the following conditions:

1. The parties to the document can be both official spouses and persons who decided to get married.
2. The contract must be in writing. Failure to comply with the written form of the contract entails its invalidity.
3. The Family Code provides for a mandatory notarial form of contract.

When can a contract be concluded?

The Family Code provides for the possibility of concluding a marriage contract:

• before the official registration of marriage;
• after the marriage.

Depending on when the document was concluded, the date of its entry into force differs. If the contract was concluded before marriage, then its effect begins:

• immediately after registration of the marriage;
• on another date provided for in the contract, but after the wedding.

If the document is concluded during the marriage, then it comes into effect:

• immediately after the contract is notarized;
• on any other day, in accordance with the terms of the agreement.

Important! In accordance with the law, it is prohibited to enter into a contract after the dissolution of a marriage. After a divorce, the document loses its validity, with the exception of the conditions provided for in the event of divorce.

Where can I conclude and formalize a marriage contract?

To conclude an agreement, the parties can contact the following authorities:

• legal consultation;
• Notarial office.

The contract process includes the following steps:

• the parties highlight the scope of personal and joint property, property rights and obligations that are included in the document;
• husband and wife agree on the remaining terms of the document;
• the parties apply for a draft agreement;
• the spouses sign the document;
• the parties apply for notarization of the contract.

The initial stage in drawing up an agreement is to determine the scope of property, property rights and obligations of the parties in respect of whom it is concluded. It could be:

• personal property of the parties;
• joint property of spouses;
• personal and joint credit obligations;
• property purchased with loan funds;
• whether the spouses are responsible for the obligations of the other;
• income of the parties received during the marriage.

An important condition is the mutual agreement of the parties on all terms of the contract. The law prohibits entering into a contract against the will of one of the spouses. The Family Code provides for the possibility of challenging a slander in court if it was concluded under the influence of threats of physical violence.

Drafting a contract is the most expensive stage of the conclusion. It is not recommended to draw up the document yourself, in the absence of legal education or special skills. Violations of the terms of the contract may cause it to be declared invalid in court. Thus, the spouses will put their property rights at risk.

Legal advice or a notary office will provide assistance in drawing up the project. The service is paid and is paid separately from certification.

Attention! The agreement can only be certified by a notary office. However, the law does not limit the ability of spouses to choose a notary. The parties can choose a specialist in any area of ​​the city or even the region.

What form does a marriage contract take?

Is it possible to conclude a marriage contract after registering a marriage? The execution of the contract is entirely voluntary. The parties can enter into a contract at any time during the official marriage before its dissolution.

In this case, the form of the document is established by law. The marriage contract is concluded in written notarial form. If the format is not followed, the document is not considered concluded.

Concluding a marriage contract through a representative

Having answered the question whether it is possible to draw up a marriage contract while being married, it is necessary to determine who should be present at its execution.

The Family Code does not directly prohibit concluding a marriage contract through a representative. However, the Civil Code limits the possibility of the presence of a trusted person, instead of one of the spouses, in situations concerning personal relationships.

A marriage contract is concluded regarding the property issues of the spouses, but it affects such aspects as the citizen’s personal property and his income during the marriage. Therefore, in practice, spouses must be present in person when signing and notarizing a document. Each of them presents a civil passport to confirm their identity.

Documents required for execution of the contract

Is it possible to draw up a prenuptial agreement after marriage? Can. However, the parties must draw up a contract based on certain documentation. When making a notarial request, the husband and wife must provide the notary with the information on which they were based when drawing up the project:

• civil passport of each spouse;
• document on marriage (if any);
• title documents for all properties mentioned in the project;
• information about other property (bank accounts; securities).

Important! If the parties have entrusted the drafting of the draft to legal advice, then 3 printed copies of the draft are provided for notarization.

In addition, it is advisable to have an electronic copy of the text with you. Before certifying a document, the notary checks the text for compliance with the law. You can make changes to the electronic document on the spot and print the project. The service is paid separately.

How much does it cost to conclude a prenuptial agreement?

A prenuptial agreement after or before marriage has the same value. It depends on the following factors:

• whether a preliminary assessment of the property was carried out;
• the project is drawn up independently or with the assistance of specialists;
• state fee for a notary.

An independent assessment is not formally required. However, if spouses have doubts, they have the opportunity to obtain an expert opinion. The cost of the assessment ranges from 1,500 to 2,000 rubles. for one piece of real estate or vehicle.

The draft contract can be drawn up independently, which will cost the spouses free of charge. But in the absence of proper experience, it is thus possible to introduce conditions that violate the law.

When contacting legal advice or a notary office, the price depends on the region of application and the pricing policy of a particular organization. In 2018 in Novosibirsk, the price of the project is from 10,000 rubles, depending on the scope of the conditions.

The fee for performing notarial actions to certify a contract is established by the Tax Code of the Russian Federation and amounts to 500 rubles.

Sample and form of a marriage contract

Having a contract will greatly simplify financial relations between spouses. Let's look at how to conclude a prenuptial agreement during marriage.

There is no form to complete the document. Since in the Russian Federation, the use of a contract between spouses is not popular, when drawing up a document, notaries and lawyers rely on practice.

A sample marriage contract for those getting married contains:

• Title of the document;
• Date of preparation;
• place of detention;
• personal data of the spouses (full name, date of birth, series and number of civil passport, address of registration and actual residence).

After the preamble, the document must include sections that contain conditions on the following areas of property relations of the spouses:

• regime of personal and jointly acquired property;
• the procedure for the parties to participate in each other’s debt obligations;
• property rights and obligations of husband and wife;
• income of the parties;
• expenses of the husband and wife for general and personal purposes;
• division of property of the parties in the event of dissolution of the union;
• material support for a disabled husband or wife;
• other provisions at the discretion of the parties.

At the conclusion of the document, it is necessary to indicate the date on which it comes into force and the grounds for termination of the contract (death of a spouse, divorce).

The parties sign the document in front of a notary. After which the specialist stamps and signs the contract.

Property relations between spouses are often a stumbling block between husband and wife.

To resolve the issue, the parties have the opportunity to divide personal and joint property, determine property rights and responsibilities during the marriage. Drawing up a marriage contract is a responsible decision.

The cost of registering a marriage contract: what documents are needed and how much does registration, state duty and drawing up an agreement with a notary cost?

A marriage contract is a written agreement aimed at regulating financial and property relations, concluded on a voluntary basis between spouses or persons just getting married. The marriage contract is subject to the legislative norms enshrined in Ch. 8 of the Family Code of the Russian Federation (hereinafter referred to as the RF IC).

To draw up an agreement, you can contact a notary or a law firm, or prepare it yourself. But the marriage contract can only be certified by a notary.

Services for drawing up a marriage contract

These days it is not difficult to draw up a prenuptial agreement. Many law firms are ready to provide the above service and advise on all issues of interest.

also contact a notary , the cost of the services provided is lower, he has more experience in drawing up marriage contracts and knowledge of current legislation than some employees of law firms, but you should take into account his employment.

An appointment at a notary's office is made on average no earlier than two weeks in advance.

Before contacting a specialist, you can independently draw up clauses and formulate the conditions that you want to include in the contract, because

relationships within each couple are purely individual and a law firm employee cannot know about the existing features.

During the consultation, he will already be able to understand what exactly the client wants, which points should be adjusted so that they comply with the law, which points should be excluded because they fundamentally contradict it.

cannot be included in a marriage contract :

• restricting the rights and freedoms of a citizen provided for by the Constitution of the Russian Federation;
• regulating property relations after the death of one of the spouses;
• limiting the legal capacity and capacity of the spouse;
• regulating the rights and obligations in relation to joint children;
• putting one of the spouses in an unfavorable position.

invalid in court .

Please note that only persons who have reached the age of majority, have full legal capacity and wish to formalize the relationship in the registry office can conclude a marriage contract. The marriage contract comes into force on the day of registration of the spouses .

Its validity period applies to property relations until the moment of divorce or death of one of the spouses, and the contract can also indicate a specific date for termination of the marriage contract.

This type of agreement does not apply to persons in a civil marriage

How much does a marriage contract cost from a notary?

The current legislation sets tariffs for notary services, therefore, prices for notary services are the same throughout the country. However, the cost of services provided by a notary is higher than regulated by tariffs.

This is due to the fact that notaries have the right to bill for services that are not notarial; they are also called technical services (printing documents, making copies, creating a case, etc.). Their amount is always higher than the tariff for notary services, because

Certification of the marriage contract in accordance with Art. 22.1 Fundamentals of Legislation on Notaries No. 4462-1 dated February 11, 1993, is 500 rubles, prices for technical services, depending on the region, approximately start from 3,000 rubles.

Registration of marriage contract and state duty

A marriage contract is not subject to state registration ; it has a simple written form, but in order to bring it into compliance with the law and consolidate the conditions specified in it, the contract must be notarized . Otherwise, the contract will not have legal force. To certify the document, you can contact any notary office.

Spouses can draw up a marriage contract themselves. This right is not limited by any regulatory act, and if the contract is drawn up impeccably, this will also allow you to save money by paying only for notarization of the contract.

When contacting a notary and providing him with a personally drawn up agreement, the notary is obliged to :

• carefully check its contents for compliance with current legislation;
• verify data;
• study the package of attached documents.

If there is no draft agreement, the notary draws up a marriage contract based on the documents provided.

Before the parties sign a document, the notary warns about the consequences of concluding such a document; if the spouses agree, the agreement is signed by the parties, and the notary certifies it with his signature and seal. The marriage contract is drawn up in three copies: for the husband, wife, and notary. In case of loss or damage to the contract, you can get a certified copy from the notary.

Amendments or termination of a marriage contract are carried out by the parties voluntarily and at any time, by drawing up agreements, which, like a marriage contract, must be certified by a notary . If one of the parties does not agree to change or terminate the contract, then the other can demand this in court.

Example

The Yakovlevs turned to a lawyer they knew to draw up a marriage contract, after which they went to the notary office at their place of residence to have it notarized.

But the notary refused to certify the contract, arguing that he could not be held responsible for the contents of the contract, which was drawn up by no one knows who.

And he offered his services in drawing up the contract for a large fee.

The notary's actions were declared illegal by the court. The court decision states that a notary cannot refuse to certify a marriage contract, because according to Art. 41 of the RF IC, it is subject to notarization. The notary must only check the compliance of its provisions with Art. 42 IC RF.

Documents for registration of a marriage contract

the original documents must be provided to both the notary and the law firm .

List of documents for registration of a marriage contract:

• passports of both spouses;
• marriage certificate - if the marriage has already been concluded;
• notarized certification of parental/guardian consent - if the marriage has not been concluded and the person is still a minor;
• documents for property (agreements, checks, receipts, documents from the CTI (cadastral and technical passport), extract from the Unified State Register of Rights to Real Estate and Transactions therewith), and other documents confirming the rights to property objects).

If you contact a law firm to draw up a marriage contract, the company’s specialists will, for a fee, create a package of necessary documents themselves, thereby saving the time and nerves of the spouses. However, the amount of services provided will be significantly higher.

Questions from our readers and answers from a consultant

I am officially married to my husband; my husband has accumulated a lot of loans, although he has no permanent income. Our parents gave us money to buy our own home. Is it possible to protect myself from my husband’s debts by drawing up a prenuptial agreement and transferring the apartment completely to me?

Yes, you can protect yourself by drawing up a marriage contract; the main thing is to indicate that the spouses have a separate regime for all property and finances.

It is impossible to unilaterally refuse to fulfill the terms of the marriage contract. If the text of the agreement contains a condition that it is valid for the period of your individual entrepreneurial activity, then it terminates automatically.

I am a disabled person of group III, do I have benefits if I contact a notary for certification of a marriage contract?

Benefits are provided to persons of disability groups I and II.

My husband and I entered into a prenuptial agreement, under which all responsibility and responsibility for repaying the mortgage payments fell on me. Currently, the mortgage has been repaid in full, and the husband insists on terminating the marriage contract voluntarily or he will go to court. Will he be able to sue for 1/2 share in the apartment in the future?

The court may declare a marriage contract invalid in whole or in part at the request of one of the spouses if the terms of the contract place this spouse in an extremely unfavorable position (Clause 2 of Article 44 of the RF IC). A spouse can claim a 1/2 share in an apartment only if the property is maintained and utility bills are paid.

When and how a prenuptial agreement is concluded before marriage (after): registration of the contract

Many of us know only by hearsay how to conclude a marriage contract. However, the usefulness of this document is undeniable - it allows you to regulate the property relations of the spouses, establish the order of family expenses and avoid disputes if the couple decides to divorce.

Why do you need a prenuptial agreement and how to conclude it?

A marriage agreement is one way to protect your own rights and property interests. If it is available, the divorce process proceeds much faster and calmer - the spouses do not have to argue and file a statement of claim for the division of property. That is, the former spouses determine in advance who will get the apartment and who will get the car.

Before you find out where to conclude a prenuptial agreement during marriage, it is worth understanding that this document performs a protective function. For example, if the husband violated the loan agreement and the bank tries to compensate for its losses at the expense of the family’s common property, then the agreement signed by the spouses will become an obstacle to bank claims.

Important: the marriage contract should not contain clauses that violate the rights of one of the parties to the agreement and are aimed at discrediting the individual. Also, the document should not affect non-property issues in the family and responsibilities to children. It should not contain clauses that violate the main principles of the Family Code of the Russian Federation.

Pros of a prenuptial agreement

To answer the question of whether to enter into a marriage contract, it is worth learning more about the advantages of this document. Among the advantages of the contract:

• the ability to control the financial consequences of marriage;
• absence of property disputes upon divorce;
• protection from debts and the opportunity to save property if one of the spouses goes bankrupt.

If the husband and wife did not enter into a contract before or during the marriage, it is likely that in order to get a divorce, they will have to file a claim in court and divide the property according to the law - that is, in half. Such a division of property does not always turn out to be fair, and, as is known, property disputes can turn even the closest relationships into enmity and hostility.

Marriage agreement before and after the wedding

You can conclude a marriage contract during married life or on the eve of the wedding, but the document will come into force only after the marriage is registered at the registry office. This means that it is advisable to draw up this contract at any time - the main thing is to agree on the terms and clearly formulate them.

If you drew up a marriage contract yourself, contact a notary office to have it certified. If you cannot agree on some points, consult a lawyer, resolve all controversial issues and only then contact a notary.

The specialist will listen to your wishes regarding the content of the contract and prepare a document that will satisfy the requirements of both parties.

To enter into an agreement, the notary must provide passports, a marriage certificate and documents that confirm ownership of the property.

Rules for drawing up a document

In order for a marriage contract concluded between spouses to protect the interests of both parties, it is necessary:

• fix in the document the status of property purchased with one’s own money;
• indicate shares in common property;
• resolve issues of mutual maintenance, expenses, income distribution;
• have the agreement certified by a notary.