How to conclude a marriage contract correctly? What conditions can be included in a marriage contract when concluding Three basic rules when concluding a marriage contract.

30.09.202027.05.2017

The article provides information about the conclusion marriage contract spouses concerning their property, as well as the essence and sample of a marriage contract. An important point is considered as the right to a marriage contract. An approximate example of a marriage contract is given.

General information for concluding a marriage contract between spouses

A prenuptial agreement is an agreement between the persons entering into marriage or the spouses. This document defines their rights and obligations regarding property in the event that the marriage is dissolved.

The most common conclusion of a marriage contract is still in foreign countries. But at the same time, every year future Russian newlyweds enter into this contract more and more often.

It is worth noting that such a concept as concluding a marriage contract does not imply registering a marriage in the shortest possible time. No legislative acts regulate the time after which, after concluding a marriage contract, an application for marriage must be submitted.

In other words, drawing up a marriage contract may be relevant not only for persons entering into marriage in the near future, but also for citizens who are just planning to register their relationship for an indefinite period.

If a marriage contract is concluded between spouses after the marriage has been registered (it does not matter how long ago the marriage was registered), then it will come into force from the moment of conclusion.

A prerequisite for the entry into force of a marriage contract is the state registration of the marriage between the persons who entered into it. That is, regarding citizens living together, but who have not registered their relationship with the registry office, this agreement will not be valid. This fact is explained by the fact that cohabitation (the so-called “ civil marriage") despite the conduct of a joint household, is not a reason for the emergence of new rights and obligations regulated Family Code Russian Federation.

That is why, if the parties do not plan to enter into an official marriage at any time, then drawing up a marriage contract does not make sense. This can be described as a waste of time and money.

According to the Family Code of the Russian Federation, a marriage contract must be concluded exclusively in writing and certified by a notary.
The notary is obliged to explain the semantic meaning of the agreement and the legal consequences of its conclusion. This is necessary so that, as a result of an illiterate and irrationally drawn up contract, the persons entering into it do not suffer an unintentional loss.

Rules and conditions for concluding a marriage contract

Mandatory conditions for drawing up a marriage contract:

1) The text of the document must be clearly and clearly written.

2) All dates and dates that relate to the content of the document must be indicated verbally at least once.

3) Last names, first names and patronymics, as well as the address and place of residence of citizens must be indicated without abbreviations.

4) The agreement is sealed with the signatures of the citizens who concluded it.

All these terms and conditions are intended to exclude the possibility of different interpretations of the contents of this document.

Sometimes there may be reasons as a result of which one of the parties cannot sign a marriage contract with their own hands. These include:

Illiteracy.
Disease.
Other physical disabilities, as well as other valid reasons.

In this case, at the request of that party, the contract may be signed by another person. However, the signature of this authorized person must be certified by a notary. Moreover, it is also necessary to indicate the reasons and conditions as a result of which the contract was not signed by the drafter with his own hand.

All citizens have the right to have a marriage contract certified by a notary. It does not matter whether he is engaged in private practice or works in the state notary system.

A notarization is a certification inscription placed on a contract.

A prenuptial agreement in Russia is a type of bilateral transaction.

And therefore, the rules in force in relation to the above-mentioned transactions also apply to him.

Failure to comply with the notarial form of the marriage contract entails the recognition of the marriage contract as invalid.

And an invalid marriage contract is just a useless document that has no legal force.

According to Article 40 of the Family Code of Russia, a marriage contract can be concluded by both citizens who only wish to get married and legal spouses.

Persons who are legally capable of marrying have the right to conclude a marriage contract. That is why it is permissible to conclude a marriage contract between persons under the age of marriage, namely 18 years.

In this case, if the marriageable age has not yet been reached, but permission from the relevant authority to enter into marriage has been received, then with the written consent of the parents (guardians), this person has the right to sign a marriage contract. This rule applies to concluding a marriage contract before registering a marriage with the registry office.

And since, after marriage, a minor spouse acquires full civil legal capacity, he will be able to conclude a marriage contract of the spouses independently without the written and oral permission of parents or guardians.

According to the case, if the marriage contract was concluded under the influence of threats, violence or deception, or as a result of a combination of extremely difficult circumstances, which the second party took advantage of, thus finding benefit for itself to the detriment of the second party, then in this case the rule on the invalidity of the transaction will be applied and it will be recognized as enslaving. And as a result of this decision, the marriage contract will be declared invalid.

A prenuptial agreement can be valid throughout the marriage,

and can also be terminated at any time by mutual agreement of the spouses.

A marriage contract may provide for conditions, depending on the occurrence or non-occurrence of which any new rights and obligations will arise. Such conditions include, for example, the birth of a child.
A marriage contract can be concluded on certain period or be indefinite.

Conditions that cannot be included in a marriage contract:

1) A marriage contract cannot limit the legal capacity of the spouses. For example, even if the contract specifies the amount that the husband will give to his wife for maintenance, he does not have the right to require her to engage exclusively in managing household without the possibility of going to work, since these actions of his will contradict the current legislation of the Russian Federation, in particular Article 1 of the Family Code of the Russian Federation.

2) A marriage contract should not deprive the right to go to court for protection. For example, a contract condition according to which one of the parties refuses to go to court to protect property rights is contrary to the law. And therefore, this fact will not be an obstacle to the injured party going to court.

3) A marriage contract cannot concern the personal rights and obligations of spouses in relation to their children.

4) A marriage contract cannot become a regulator of personal non-property relations between the parties. This is due to the fact that enforcement of these conditions is practically impossible.

The terms of the marriage contract that violate at least one of all the above requirements will be declared invalid (void).

The law also establishes other requirements, compliance with which is mandatory when concluding a marriage contract.

For example, contributions made by spouses from property acquired during the marriage in the name of their common minor children will be considered to belong to these children. Therefore, they will not be taken into account when dividing the common property of the spouses and cannot be the subject of a marriage contract.

Since during the life of the parents the child does not have the right of ownership of their property, and the parents do not have the right to the child’s property, then when drawing up a marriage contract, the property of the children should be distinguished from the property of the spouses.

In a marriage contract, spouses have the right:

Establish ways for each party to share in the income.
Establish a regime of shared, separate and joint ownership of all common property, parts of it, or the property of each spouse.
Establish the shares of each spouse in the property belonging to them.
Determine the property that will be given to each spouse upon divorce.
Establish a procedure for bearing family expenses in relation to each spouse, as well as any other provisions that relate to the property interests of the parties, do not infringe on each other’s rights and do not contradict the law.

Invalidity of the marriage contract

According to clause 1 of Article 44 of the Family Code of the Russian Federation, a marriage contract can be declared invalid on the grounds provided for by civil law in relation to invalid transactions. A marriage contract may be declared invalid in whole or in part.

According to civil law, a transaction is recognized as valid if the following conditions are met:

The contents of the transaction are legal.
The parties to the transaction are legally capable of entering into this transaction.
The will of the participants corresponds to their actual will.
In cases provided for by law, the established form of the transaction is observed.

All of the above conditions for the validity of transactions apply to a marriage contract. And if at least one of these conditions is not met, the transaction will be considered illegal.

A marriage contract may be declared invalid by a court decision (voidable transaction) or regardless of the court decision (void transaction).
But still, if disputes arise between the parties regarding the nullity of the marriage contract, the interested party will need to go to court.

Grounds that allow you to challenge the invalidity of a marriage contract:

1) The marriage contract was concluded with a person who does not understand the significance of his own actions or cannot manage them. Even if this person is recognized as legally competent. For example, one of the spouses at the time of signing the contract was sick, was intoxicated, or suffered a nervous shock.

2) The marriage contract was concluded under the influence of a material misconception. For example, one of the parties was left in the dark about certain circumstances that are of significant importance to it.

3) The marriage contract was concluded under the influence of threats, deception, violence, or as a result of a combination of difficult circumstances on extremely unfavorable conditions. Moreover, it does not matter from whom exactly the threats, deception or violence came. This can be either the second party or third parties acting in the interests of this party.

Deception in this case will be deliberate misrepresentation for the purpose of concluding a marriage contract. This could be any active action or inaction. In the first case, there is reporting of false information, and in the second, there is silence about facts that may affect the procedure for concluding a marriage contract.

Violence will be recognized as causing harm to the participant in the transaction or to people close to him. This can be both physical and moral suffering, the purpose of which is to force a person to enter into a marriage contract.

A threat is recognized as an unlawful mental influence on the will of a citizen through statements about causing moral or physical harm to him or his loved ones if he refuses to sign a marriage contract.

4) The marriage contract was concluded with a person (without the consent of his guardian) who is limited in legal capacity by a court decision due to drug or alcohol abuse.

In this case, the marriage contract may be declared invalid by a court decision due to a claim by the trustee.

According to paragraph 2 of Art. 44 of the Family Code provides a special basis for declaring a marriage contract fully or partially invalid at the request of one of the spouses if the terms of the contract place this spouse in an extremely unfavorable position (including property).

The conditions for concluding a marriage contract are determined by the laws of our country and are mandatory for compliance. drawn up between spouses or persons planning to unite their union by marriage in the near future. In order for this contract to enter into legal force, it must be legally correctly drawn up and comply in its internal content with the regulatory documents of the state.

Conditions for the validity of a marriage contract:

The time period in which it is concluded. A prenuptial agreement can be drawn up before the couple enters into a marriage relationship and throughout family life. But the deal cannot be concluded after the divorce.
Time of entry into force of the contract. The contract can be drawn up at any time, but there are 2 important conditions, after which the document comes into force:

after certification by a notary;
after the couple enters into a family union.

If a married couple is in an official marriage union, then it will enter into legal force after it is certified by a lawyer.

In cases where the contract is drawn up before marriage, it comes into force once both conditions are met.

The document must be prepared in writing. Oral form is not acceptable.
The content of the agreement should regulate the relations related to the financial plan. All intangible terms of the transaction may lead to the recognition of the document as invalid.
The conclusion of a marriage agreement occurs with the mutual consent of the partners. That is why unilateral change or termination is not permissible.

The conditions under which the document enters into legal force have been listed above. An important point During certification by a notary, the internal content of the document is reviewed. Its terms and conditions must not violate the following:

The agreement must not limit the rights of one of the spouses to protect their interests.
It is impossible to allow the formation of such conditions that would deprive the spouse of the necessary financial security in the event of his loss of legal capacity or ability to work.
Agreements on non-property relations. These types of situations can be designated as the moment when one of the spouses becomes liable and his obligation to compensate the other a certain amount of money. For example, such an agreement cannot prohibit a husband from cheating, but it is possible to write down a clause that in case of cheating, he is obliged to pay moral compensation to his wife in a certain amount.

The main life points that are regulated by a marriage agreement:

Income married couple, formation and management of the family budget.
Spousal expenses. This indicates who is obligated to bear family expenses and in what amount.
Financial obligations towards each other.
Use and ownership of property: joint, jointly shared or separate.
Property relations of children in the family.
The procedure and shares for dividing property during a divorce, as well as the division of joint responsibilities to third parties.

A married couple may envisage other relationships. When concluding the terms themselves in the agreement, two types can be distinguished:

cancelative;
suspensive.

The main difference here is the onset of consequences after the occurrence of a certain event. In the case of a cancelable type of condition, the rights and obligations of everyone terminate after the occurrence of the designated event. In the case of suspensive conditions, upon the occurrence of a specific event, the spouses have designated rights and obligations. A specific date may be indicated under the event.

Procedure for drawing up an agreement

Due to the fact that the process of signing a marriage contract is strictly regulated by Russian legislation, it is important. Step-by-step procedure for preparing this document:

The first step is to agree on all points of the future agreement.
Next, draw up a written document drawn up in accordance with the requirements of the law.
Pay the state fee for the provision of notary services. Its size is 500 rubles.
Prepare the necessary documents for presentation to the notary.
Have the transaction certified by a notary.
Conclude a marriage if the agreement was concluded before entering into a marriage union.

Drawing up a marriage contract

After the spouses or future newlyweds have reached a compromise on all points, it is necessary to draw up the document itself. You can do this yourself or with the help of a lawyer. The contract must have 3 parts:

introductory;
average;
final.

The introductory part must contain information about the place in which this contract is concluded (city, country), personal data of both spouses entering into the contract, and the name of the document: “Marriage Agreement”.

In the middle part, it is important to list in detail and clearly all points of the relationship that will be regulated by this document. When indicating property, it is necessary to draw up a complete list of all property, indicating the owner and the form of use by the remaining members.

It is also important to determine the order and shares when dividing property in the event of divorce.

The final part indicates the responsibility of the parties in case of non-compliance with the terms of the marriage contract. As well as the conditions under which spouses can make changes to this document or terminate it.

The document is signed by both parties, and the date of its conclusion is set. The date must correspond to the date of notarization of the signed agreement.

Compliance with this form of a marriage contract is one of the main conditions for drawing up an agreement between spouses.

Documents required by a notary

After the couple has drawn up a property agreement, it must be certified by a notary. The notary office must check the legal correctness of the document, as well as its content. It should not violate the fundamental norms of the Family Code and other legislative acts.

To check the completeness of the data in the contract, the notary needs:

Identification documents of both parties to the agreement.
A certificate confirming their family union.
Papers evidencing the rights of both parties to the property listed in the agreement.
If the agreement is signed not by the party itself, but by its representative, it is necessary to submit a power of attorney, certified by a notary, regarding the right to sign this document.

If all conditions and rules for drawing up a marriage contract are met, neither party will be able to challenge this agreement. That is why it is important to comply with the established requirements in a timely manner. And concluding an agreement will help the spouses avoid property and financial disputes in the future.

A marriage contract is a serious document. In order for it to have legal force and be an effective tool in the financial and property spheres of family life, it must be drawn up in accordance with certain conditions.

Conditions for the validity of a marriage contract

The main legal provisions on a marriage contract are established by Articles 40-46 of the Family Code of the Russian Federation. Based on these legal norms, the following conditions for concluding a marriage contract can be derived:

Parties to the marriage contract. A marriage contract can be concluded between a husband and wife who are legally married, or between a man and a woman intending to enter into a legal marriage.
The moment of conclusion and entry into force of a marriage contract. The contract can be concluded either before marriage or during marriage. But not after the divorce! The marriage contract comes into force at the moment of signing and notarization of the contract, if it is concluded in marriage. If the agreement is concluded before marriage, it will enter into legal force at the time of registration of the marriage.
Form of marriage contract. Mandatory - written form and notarization of the document.
Contents of the marriage contract. A marriage contract can exclusively regulate the property legal relations of spouses (future spouses). Some family and personal legal relations are not subject to regulation by a marriage contract! Violation of this condition entails the invalidity of the document.
Rules for changing or terminating a marriage contract. The conclusion of a marriage contract occurs on the basis of mutual consent. Therefore, it can only be changed or terminated by mutual agreement. Unilateral refusal to fulfill the terms of the contract is not allowed.

The above provisions are the basic conditions under which a marriage contract can be concluded and valid. Failure to comply with any of the above conditions entails the recognition of the marriage contract as invalid.

What basic conditions can be included in a prenuptial agreement?

Above we discussed the conditions for concluding a marriage contract. That is, about the requirements that the law imposes on the subject composition, the timing of the conclusion and entry into force of the agreement, and the form and content of the agreement.

Now we will discuss what conditions of a marriage contract can be determined by spouses to regulate their financial and property relations.

Theoretical aspect

From the point of view of the theory of concluding civil contracts, there are two types of conditions:

suspensive;
cancelable.

If the spouses have determined that rights and obligations arise depending on a certain circumstance, the contract is concluded under a suspensive condition. For example, if one of the spouses purchases real estate on credit (a suspensive condition), the second spouse is obliged to participate in the repayment of the loan and has the right to own real estate in proportion to the paid part of the loan (the emergence of rights and obligations).

If the rights and obligations of the spouses are terminated due to a certain circumstance, the contract is concluded under a severable condition. For example, if a spouse loses the right to own real estate and does not have the obligation to make regular loan payments, if due to objective reasons (illness, moving, lack of work) he cannot participate in loan repayments.

In addition to circumstances, the emergence of rights and obligations may be associated with the arrival of a certain date or expiration.

The basic conditions of the marriage contract are provided for in paragraph 1 of Article 42 of the Family Code. This:

Determination of the property regime of spouses (common joint, separate, shared);
Property that is the subject of a marriage contract (both existing and future);
Participation of spouses in family income and expenses;
Rights and obligations regarding mutual maintenance of spouses;
Division of property during divorce.

In addition to the above conditions, other conditions may be determined by the spouses if they regulate property legal relations, do not contradict the law and do not violate the rights and freedoms of the spouses. For example, planning purchases, including on credit.

A marriage contract, as one of the types of civil law contracts, may contain conditions traditional for all documents of this kind, for example, the duration of the contract, rules for termination and amendment, liability for failure to fulfill the terms of the contract.

Let's take a closer look at each of the terms of the marriage contract.

Property regime

The law determines the joint regime of property acquired by spouses during marriage. But this is why a marriage contract is concluded, in order to independently determine the ownership regime (general joint, shared, separate). Moreover, a certain regime can be applied both to all existing property and to each individual part of it. For example…

The spouses decided to apply the joint ownership regime only to property that was acquired before the conclusion of the marriage contract (for example, an apartment donated by parents for the wedding);
the regime of shared ownership of spouses was applied to property acquired on credit, since each spouse bears a certain share of the loan obligation (for example, the wife pays ⅓ of the loan, and the husband bears the remaining ⅔);
The spouses applied the separate property regime to all property that will be acquired in the future. It will belong to the spouse with whose funds it will be purchased and in whose name it is registered.

Property

According to paragraph 1 of Article 42 of the RF IC, a marriage contract is concluded in relation to property that the spouses already have or to property that is expected to appear in the future.

The property of the spouses, which is the subject of a marriage contract, includes:

each spouse's income(income from labor, entrepreneurial, intellectual activity, pension and social benefit, other non-targeted cash payments);
property acquired by spouses(movable and immovable property, cash deposits, securities, shares in the capital of enterprises and organizations);

It is important that the marriage contract contains a detailed list of all available property with distinctive characteristics (name, make and model, registration number, cadastral number) and details of title documents.

Disposal of property

Spouses can provide rules for the disposal (sale, exchange, donation, collateral) of common property. For example, any transactions can only be carried out with the consent of the second spouse.

Rights and obligations regarding mutual maintenance

Family law regulates the grounds for the emergence of the right to maintenance and the rules for its provision. However, spouses may stipulate other or additional grounds for the emergence of rights, indicate other responsibilities and provide for more rights. For example, you can indicate that the husband is obliged to provide his wife with maintenance in the amount of 10,000 rubles monthly until the children reach adulthood.

Family income and expenses

If the sources of income in each family are approximately the same (salary, income from business activities, pension or benefit, scholarship), then expenses in different families can differ significantly.

Basically, spouses bear expenses such as renting a home, paying for utilities, communication services, buying food, clothing and shoes, paying for treatment and buying medicine, paying for education, paying for recreation and entertainment.

In a prenuptial agreement, you can determine the participation of each spouse in family expenses, for example...

equally;
in equal or different (proportional to income) shares;
separately (each spouse bears a certain type of expenses)

Duration of the contract

You can conclude a marriage contract either for a certain period or for an indefinite period. The expiration of the contract may be determined by a specific date or the occurrence of circumstances (for example, divorce). Some conditions of the marriage contract remain valid even after its expiration.

Notification of creditors about the conclusion, amendment, or termination of a marriage contract

If spouses have creditors (for example, a bank), and therefore have obligations to creditors, the spouses are obliged to notify them of the conclusion, amendment, or termination of a marriage contract if its terms affect the interests of the creditor.

For example, if, under the terms of a marriage contract, property that is the subject of a loan agreement (for example, a mortgage apartment) becomes the property of one of the spouses, the creditor should be informed about this. Otherwise, the spouse will fulfill his obligations to the creditor regardless of the terms of the marriage contract.

The procedure for making changes to the contract, terminating the contract

Nothing is eternal and unchanging. Spouses who have recently reached agreement and entered into an agreement on certain conditions may, after a certain time, realize the need to change these conditions. No problem! They can make changes to the contract or even terminate the contract at any time by putting this agreement in writing and notarizing it.

But unilateral refusal to fulfill the contract is impossible. If the spouse has good reasons for not adhering to the terms of the agreement, not using the rights and not fulfilling the obligations stipulated in the agreement, he will have to go to court. If the court considers the reasons valid, the arguments convincing, the grounds legitimate, it may declare the contract invalid, oblige the spouses to make changes to the contract or terminate it.

The regulation of legal relations in marriage falls under the function of the Family Code of the Russian Federation. But this problem is solved in another way. In this article we will look at the conditions and procedure for concluding a marriage contract. Signing a contract is popular in Europe and America. In Russia, this format for regulating relationships in marriage is only gaining popularity.

Why enter into a prenuptial agreement?

The current legislation regulates the relationship between spouses under the articles of the eighth chapter of the Russian Federation. But it contains an important note. Property acquired jointly belongs to both spouses at the same time, unless this is specifically stated in the signed marital agreement. This fundamentally affects the conditions and procedure for concluding a marriage contract.

All acquired assets together belong to both signatories of the contact. The legislation does not provide for distribution based on income. Both spouses have equal rights. Therefore, after a divorce, all property is divided equally. This leads to the fact that even a housewife wife will receive half of all jointly acquired values during a divorce.

Pension savings;

Cash payments;

Profit from doing business.

This also includes values resulting from the joint income of the signatories of the agreement. They include cash deposits in banks, shares in business, land shares and everything else that any of the signatories took possession of after the official marriage.

Personal property is the property that belongs to a husband and wife even before their relationship is legally formalized. These are cash deposits, capital and other material assets that the signatories of the contract owned before getting married. Buildings and other valuables donated or otherwise received free of charge. For example, a building obtained as a result of privatization.

The definition of a marriage contract is quite precise. This is a contract between people entering into an official marriage, or an agreement between spouses, distributing rights to ownership of valuables, and the obligations of signatories who are officially married or annulling it. The conditions for concluding a marriage contract include theses that complement or seriously change the nature of the property relationship. This allows each signatory to protect their legal rights.

What conditions can be included in a marriage contract?

Under the terms of concluding a marriage contract, a new regime for the ownership of valuables is being formed in the Russian Federation. It is regulated in the form of separate, joint or shared ownership. It applies to all types of material assets: houses, apartments and others. The terms of a marriage contract in the Russian Federation concern the regulation of relationships, both between spouses and people preparing to get married.

Under a contract, it is permissible to transfer the personal assets of one signatory into joint ownership with another. The law also allows for the redistribution of personal assets between the signatories of the contract. Conditions that may be included in a prenuptial agreement include:

Rules regulating the financial support of spouses;

Methods for generating family income;

Mandatory family expenses;

Values received by contract signatories when initiating divorce proceedings.

The mandatory conditions of a marriage contract are simple. The contract is concluded in writing and certified by a notary. If the second clause is violated, the agreement is deprived of any legal force. None of the signatories are obliged to comply with it.

conditions for concluding a marriage contract in the Russian Federation?

A marriage contract is concluded before or after the official registration of marriage. If the contract is signed before the marriage, it is a deferred transaction. The agreement will enter into legal force after the completion of the official marriage procedure.

If the contract is signed, it will come into effect after being certified by a notary. The deal can be concluded at any time after the wedding. The paper is signed exclusively personally by each party.

The contract fixes the fate of valuables belonging to the parties before the official marriage, and property received during the period living together. A signed document changes the rules regarding personal property. For example, an apartment purchased before marriage by one of the parties to the transaction can become a joint property according to the signed contract.

The procedure for distributing jointly accumulated values after a divorce is also specified in the agreement. It indicates what will go to the wife and what will go to the husband (for example, you can stipulate that the car will go into the possession of the husband, and the house - to the wife).

The contract can be fixed-term or indefinite. In the first case, the contract will terminate upon the annulment of the marriage. In the second, it will be valid for the period prescribed by the agreement. Check out.

Principles of annulment of a marriage contract

Signatories have the right to cancel the contract at any time. The procedure follows a similar procedure to concluding a contract. It is done in writing and certified by a notary. The procedure is implemented as an additional agreement.

Separate withdrawal from the contract is not permissible. Spouses do not have the opportunity to terminate the agreement unilaterally. Except in cases that are consistent with the Civil Code. This happens exclusively in court. The reason is a situation in which one of the signatories grossly violates the rules prescribed in the agreement. The court considers the claim and makes an appropriate decision to cancel the contract.

To terminate the agreement, serious reasons are needed, a change in the circumstances under which the contract was signed. Only significant reasons are taken into account. They could not be foreseen in advance. And if they were known in advance, it would be impossible to conclude a deal a priori.

Individual provisions or the entire contract are considered invalid if its terms cause significant damage to the plaintiff. The agreement does not limit the legal rights of signatories to apply to judicial authorities or other authorities to protect civil rights. The contract clauses do not include statements establishing rules for the treatment of children or the like.

Section of material assets

In this matter, you must be guided by the standards specified in the concluded contract. To do this, an agreement is drawn up on the implementation of the clauses contained in the contract. It looks like a document about changing the legal status of real estate. It is drawn up within the framework of current Russian legislation.

If the contract contains clauses that directly contradict the law, they are disputed in judicial procedure. If this happens, in the future all property disputes will be resolved exclusively through the implementation of the norms contained in the Family Code. It is worth remembering that the contract only applies to the values described in it. All other material assets will be subject to the provisions of the Family Code.

Pros and cons of prenuptial agreements

Such transactions are not very popular in the Russian Federation. There are certain reasons for this. The opinion of the majority of citizens is based on the fact that concluding such transactions is a manifestation of greed or deliberately malice. Although the signing of such agreements just indicates the honest attitude of the signatories towards each other.

Young people getting married do not have any significant values. Therefore, they have the opinion that they have nothing to regulate. A prenuptial agreement is initially associated with divorce. People, at the time of marriage, think that it is for life. Therefore, there is no point in prescribing provisions that come into force after a divorce.

The deal has its advantages. Each of the signatories knows what will happen during the divorce. Each spouse knows what his rights and responsibilities are. The signatories, for their own consideration, dispose of the material assets acquired before the marriage.

The agreement fixes the rights of ownership of real estate. If one of the signatories of the contract incurs a debt, it will not be repaid from the jointly acquired material assets acquired by the other signatory of the marriage agreement.

It should be noted that the popularity of such transactions in the Russian Federation is growing every year. Citizens become legally literate and pragmatic. Therefore, they strive to carefully protect their rights. The trend indicates that in the near future, prenuptial agreements will become popular in Russian society, if citizens are already actively interested in what conditions may be included in a prenuptial agreement.

is a contract that stipulates the property rights of persons entering or entering into marriage:

It is necessary to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your specific problem, get legal advice on housing issues by hotline numbers:

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during the period cohabitation(i.e. throughout the marriage, until the death of one of the spouses or divorce);
in case of divorce (that is, official dissolution of marriage).

In some countries (USA, UK) documents of this kind may contain:

Features of housekeeping (some couples even stipulate who will clean the house).
Issues of raising common children - both during the period of cohabitation of spouses and after divorce. In the latter case, it is agreed upon with whom the child will live, how often the second parent will be able to see him, and what amount will have to be paid to the spouse who will live separately from the family.

According to Russian law, a marriage contract can't regulate relationships between parents and children, as well as personal relationships between husband and wife.

List of conditions upon conclusion

The procedure and conditions for concluding a marriage contract must comply with standards legislation of the country in which it is signed.

Conclude a marriage contract it is possible either directly on the day of engagement (giving) or, or during the marriage of the spouses. It is also possible to sign a marriage contract in the period between submitting an application to the registry office and the actual wedding. Validity period The document usually applies to the entire period of residence of the spouses in marriage, however, the conditions for concluding a marriage contract may be disputed at any moment. This happens if the husband or wife believes that the agreement violates his/her interests.

It is possible to conclude a marriage contract orally, however, it has no legal force. Only a written marriage contract has legal force, which will have to be presented at trials or in notary offices if necessary.

Only adults with legal capacity can enter into such an agreement. To document text it is unacceptable to include points:

Violating the laws of the Russian Federation (or another country in which the document is issued).
Restricting personal rights and freedoms provided for by law. If the document contains requirements that violate the personal rights of the husband and wife entering into marriage, the disagreeing party has the right to go to court. A marriage contract cannot prohibit spouses from going to court to protect their interests or regulate their personal relationships not related to property.

There cannot be a clause in a marriage contract transfer of ownership one spouse to the other of property subject to mandatory state registration.

Incapacitated persons do not have the right to sign a marriage contract (this applies to mentally ill people and minors).

Pros and cons of a prenuptial agreement

Many people note positive aspects concluding a written agreement upon marriage. Unconditional advantages of a marriage contract:

the ability to avoid lengthy trials in cases where they arise;
For wealthy people, such a written agreement is a reliable way to protect property from possible marriage swindlers (if, according to the contract, the real estate acquired by the wife before marriage belongs to her after the wedding, then the husband cannot in any way claim half of the wife’s property after the divorce).

Despite the obvious advantages, the document has certain flaws:

some people are prejudiced against prenuptial agreements, considering them to be the basis for consumer relations in the family (as a result, mistrust arises between husband and wife);
a marriage contract cannot be a guarantee against the personal shortcomings of the spouses (difficult character, tendency to cheat, cruelty towards the family), as well as against incompatibility of characters;
the conclusion of a marriage contract cannot guarantee the spouses’ observance of parental responsibilities in the case (we are talking about the payment of alimony or periodic visits to the child by a father or mother living separately);
the document does not provide for force majeure circumstances (death of one of the spouses, natural disaster);
a marriage contract does not allow for the quick transfer of property from one spouse to another if problems arise with creditors.

Conclusion

The marriage contract regulates exclusively the proprietary (property) rights of the spouses.
You can conclude a marriage agreement at any time after submitting an application to the registry office and throughout the entire period of engagement and marriage.
A prenuptial agreement can always be negotiated in court.
The document does not concern interpersonal relationships between husband and wife, as well as raising common children. Family relationships of a non-property nature are regulated, as well as by informal agreements between family members.
Such an agreement has both advantages (preservation of property acquired before marriage for the person) and significant disadvantages (not everything can be foreseen).

The most popular question and answer regarding concluding a marriage contract

Question: The bride has a car, but it was purchased on credit. Not wanting to pay it, the girl suggested to the groom the idea of concluding a prenuptial agreement, according to which on the wedding day the car would automatically become his property. Is it possible to do this?

Answer: No, since car ownership requires mandatory state registration. If the bride wants to give the groom a car, this must be done separately in accordance with the procedure established by law.

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