Marriage agreement conditions on the part of the husband. Sample of filling out a marriage contract. What conditions can be included in a marriage contract?

When an official marriage is concluded, the relationship between spouses begins to fall under the norms of the Civil and Family Codes, and this is one of the reasons why the vast majority of couples register their marriage bonds. But, as practice shows, even the content of such voluminous regulatory documents is not enough for spouses when they begin to divorce and divide property. There are many nuances, conditions, circumstances - the codes cannot provide for all life situations that require a fair resolution. The only effective assistant in this difficult matter, oddly enough, can be a marriage contract.

Similar agreements were concluded by residents of Ancient Rome and Ancient Greece, from where the practice of drawing up marriage contracts spread throughout Europe over time. However, they came to its eastern part only at the end of the 20th century: in the mid-90s, amendments to the Family Code began to appear in Russia, which, in principle, made it possible to draw up a marriage contract and made it a legally significant document. This innovation was not immediately received positively by the public. The special Russian mentality and long-standing traditions of the family institution did not allow us to agree, even with a voluntary, but nevertheless, division of property (as well as rights and responsibilities) even at the dawn of family life. And yet, the practice of concluding marriage contracts in Russia has developed, and today an increasing number of young and already experienced married couples are turning to the opportunity to obtain certain guarantees. Current legislation regulates the rules for drawing up and terminating marriage contracts in Articles 40 and 42 of the Family Code of the Russian Federation.

Marriage agreement: what kind of document is it, when is it needed?

A prenuptial agreement is an agreement in which the spouses make certain obligations, where the rights of husband and wife can be distributed, and which can establish the conditions for the dissolution of the marriage. The main role of this legal document is to determine the property and other rights and obligations of the spouses. In fact, a marriage contract acquires all the qualities of a civil law transaction, which predetermines the application of the relevant norms of Civil Law to it.

Both newlyweds and already married couples can draw up a marriage contract. In the first case, the document acquires legal force at the moment of marriage registration, in the second - from the moment it is certified by a notary (loses force upon divorce). By the way, for any marriage contract, the signature of a notary is a prerequisite for registration. After concluding such an agreement, both parties to the transaction and the notary receive one copy of the document. It is impossible to terminate a marriage contract unilaterally, and its validity period is limited to the actual period of marriage.

When is a prenuptial agreement necessary? If we remember that concluding an agreement of this type most often aims to resolve property issues, then its legal force traditionally becomes in demand at the time of divorce. The need to divide the common joint property of the spouses, property acquired during marriage, arises almost every time when filing any divorce. Usually, for yesterday's husband and wife, the subject of dispute is any materially significant property, and here a marriage contract can serve as the main document that will divide it fairly. Fairness in this case is ensured by the fact that the preparation of a marriage contract must be carried out on a voluntary basis and with the consent of each party to the transaction.

The division of property and the resolution of other disputes regarding the common joint property of the spouses upon divorce is not the only possible clause of a marriage contract. During marriage, other issues may arise, the resolution of which, at the request of both spouses, can be turned into a legal matter. For example, a marriage contract will help establish rights and obligations regarding:

payment of debts of one or another spouse during marriage or after divorce;
compensation for moral damage in the event of a proven fact of adultery;
transfer of rights to property during a particular period of marriage;
the need to bear utility bills during marriage, etc.

In fact, within the framework of the marriage contract, you can specify any conditions that the spouses consider important for themselves. For example, such an agreement may contain conditions on the frequency of fulfillment of marital duties or the possibility of one spouse visiting restaurants only in the presence of the other. A marriage contract may oblige the husband or wife to even water the flowers in the house in a timely manner, but when drawing up such a document, one thing must always be remembered: a legal transaction in this case does not always guarantee the fulfillment of certain obligations, it only helps to bring to justice the party that violated the marriage contract.

Marriage contract: how to draw up?

A prenuptial agreement is drawn up taking into account a number of serious requirements. All of them are given in Art. 42 of the Family Code of the Russian Federation. Among the most important:

The contents of a marriage contract drawn up before or during marriage cannot limit the legal capacity of one or both spouses. This means that after registering a marriage or after the document comes into force, either party retains the right to go to court, the right to write a will, etc.
When concluding an agreement, spouses are prohibited from including clauses in the document regarding any restrictions in raising common children or communicating with them.
A prenuptial agreement cannot limit the rights of a disabled spouse to receive government benefits or other assistance.
The document cannot contain conditions that place one of the spouses in an extremely unfavorable position.

In relation to the last point, it is necessary to make an important clarification: regardless of the size of the shared property of the spouses, the presence of real estate or any valuables, permanent place of residence (one of the spouses lives in the living space of the other spouse), as well as the volume of common joint property received during the marriage, the marriage contract cannot put one of the parties in a difficult financial situation.

All this allows us to formulate two main requirements that are set before the parties to the marriage agreement:

The contents of the document should not violate the rights and interests of both spouses.
The contents of the document should not contradict the provisions of the Family Code of the Russian Federation.

As for the period of validity of the agreement, the rights and obligations of the spouses specified in the marriage contract are allowed to be placed within a certain time frame: the provisions are valid until the divorce of the marriage or until the occurrence of certain events (for example, after the birth of a child, the husband transfers a country mansion to his wife).

It is recommended to draw up a marriage contract with the participation of an experienced lawyer specializing in family law, so that when you visit a notary, the latter does not send the document for revision. If no contradictions with current regulations are identified, the conclusion of the agreement and its notarization will require the presence of both spouses, holding personal passports and a Marriage Registration Certificate (for already married applicants). Additionally, the notary may request documents relating to property rights, for example:

Certificates of ownership of houses or apartments;
registration certificates (for cars);
purchase and sale agreements;
extracts from the register of organizations (for business owners);
extracts from the register of shareholders (for shareholders), etc.

Another mandatory document will be a certificate of payment of the state fee for notarization of the marriage contract. In 2017, the cost of such a service is 500 rubles (Article 333.24 of the Tax Code of the Russian Federation).

Sample marriage contract

A prenuptial agreement allows for a simple written form, but requires certain content requirements to be met. So, in such a document it is necessary to indicate:

the name of the document is “Marriage Agreement” or “Marriage Contract”;
place of conclusion of the agreement;
Full name of both spouses;
addresses of their permanent place of residence;
date of marriage registration;
Marriage Certificate number (if available);
legal regime of certain types of property;
period of marriage (if its fixed duration is indicated);
signatures of the parties.

The main provisions of the agreement may relate to the shared property of the spouses or the common joint property of the spouses, including that which will be acquired during the marriage, therefore it is recommended that the agreement be as specific as possible. This will allow you to more quickly and painlessly resolve any issues that inevitably arise at the time of divorce.

To draw up a marriage contract, you can use a universal template that contains the most popular requirements. During subsequent work on the document, its content can be supplemented with any necessary points. We invite you to familiarize yourself with several examples of prenuptial agreements:

Such contracts are drawn up in different countries, so for international families the place of registration of documents becomes of great importance. It is believed that a marriage contract must be drawn up at the place of residence of the family. This often poses the following problem: when moving to live in the spouse’s country of residence, one often has to sign a marriage contract drawn up in a foreign language. Remember that it is extremely reckless to sign a document without reading its literal translation into your native language.

Spouses who are already married, or citizens who are just going to register a marriage, can enter into a marriage contract, a sample of which you will find in our article.

A prenuptial agreement is an agreement between the persons entering into marriage or an agreement between the spouses that defines the property rights and obligations of the spouses both during the marriage and in the event of its dissolution.

The subject of a marriage contract is only property relations between spouses. The main feature of a marriage contract is that it is complex in nature and has certain specifics.

A marriage contract is subject to mandatory notarization and can be concluded both during the marriage and before its conclusion. If a marriage contract is concluded before the marriage is registered, it comes into force only after the marriage is registered. If the marriage does not take place, then such an agreement has no legal force.

Examples of marriage contracts: samples 2019

There are various options for a prenuptial agreement. In particular:

marriage contract for citizens already married;
marriage contract for citizens getting married;
a marriage contract establishing a special regime in relation to certain types of property;
other types of marriage contracts.

You can familiarize yourself with standard samples of a marriage contract (some of its types) using the links below.

An example of a marriage contract (sample 2019) for citizens already married can be found. This is one of the most common types of prenuptial agreement.

The 2019 example (sample) of a marriage contract for citizens getting married can be found. The main feature of this type of marriage contract is that it is concluded in relation to future property, and comes into force only after the marriage is registered.

You can find another marriage contract (sample 2019). This agreement also has its own peculiarities. It regulates the division of marital property and establishes separate property.

— Sample marriage contract

Let us remind you that a marriage contract must be drawn up in writing and must be certified by a notary.

What should be included in a prenuptial agreement

There is no legally established list of conditions included in a marriage contract. The laws stipulate only general points regarding the terms of the contract. But, based on the general rules for drawing up contracts and the very essence of the marriage contract, the marriage contract must include:

conditions establishing the ownership regime in relation to property;
conditions defining the ownership regime of certain types of property;
rights and obligations of spouses (future spouses), including mutual support for each other;
the procedure for each of them to bear family expenses;
conditions for distribution of property upon divorce;
additional conditions;
conditions regarding the duration of the contract, conditions for its termination, etc.

Examples of the listed conditions can be found in the sample marriage contracts, links to which are given above.

Let us remind you that the marriage contract may include conditions both in relation to the spouses’ existing property and in relation to their future property.

— Form of marriage contract for citizens getting married

You can read more about the terms of the marriage contract.

As for the composition of property that can be included in a marriage contract, it can be things (car, furniture, apartment, securities, money) or property rights. Moral rights cannot be the subject of a marriage contract.

The conclusion and termination of a marriage contract is carried out by mutual consent of the spouses. If one spouse objects, the other spouse will have to go to court.

What should not be included in a prenuptial agreement

In the marriage contract undesirable include such conditions that may be declared invalid by a court. For example, this may be a condition under which one of the spouses is completely deprived of ownership of property acquired during the marriage. Indeed, the situation in the above example will subsequently put one of the spouses in an extremely unfavorable position.

More specifically, in the marriage contract it is forbidden include conditions that are prohibited by law. These conditions include conditions under which:

the legal capacity or capacity of one of the spouses is limited, for example, his right to apply to the court to protect his rights;
personal non-property rights and relations between spouses become the subject of regulation;
the rights and obligations of spouses in relation to children are established;
the right of the disabled spouse to receive maintenance is limited or excluded;
one of the spouses finds himself in an extremely unfavorable position.

Each sample 2019 marriage contract does not contain the conditions listed above.

Please note that if the marriage contract does not provide for (does not establish) the obligations of the spouses after the termination of the marriage, then the marriage contract terminates at the moment of termination of the marriage.

— Form of marriage contract on division of property and establishment of separate property

The sample marriage contract presented in this article will help you determine the conditions, content and procedure for its execution. We will also understand the nuances of drafting taking into account judicial practice.

Prenuptial agreement after marriage

The regulation of property relations of married couples during marriage and after its dissolution is determined by the norms of the Civil Code of the Russian Federation (Articles 253 and 256) and the Family Code of the Russian Federation (Articles 33-39, 89-92). However, the law gives citizens the right to agree among themselves on a different settlement of financial rights and obligations by executing an appropriate agreement in writing.

IMPORTANT! The conclusion of this transaction is a right, not an obligation (Article 421 of the Civil Code). In the absence of an agreement, regulation of property relations is carried out by imperative norms of the UK.

The document in question, being one of the types of civil law transactions, has the following features:

Special subject composition (only citizens - a man and a woman in a registered marriage).
Determination of exclusively property interests of the parties.
It is inadmissible to include in such a document conditions related to the personal relations of the parties, since they will be declared invalid.
Concluding an agreement only with the personal participation of each of the counterparties.
Inability to use the services of a representative.

It should be noted that it is possible to draw up a marriage contract after or before marriage. In this article we will look at the second option in detail.

How to draw up a prenuptial agreement after marriage

The terms of the transaction are determined by the parties independently (Article 421 of the Civil Code), but in any case the document must be drawn up on the basis of mandatory provisions of the law (Article 422 of the Civil Code).

The text of the agreement reflects the following (Article 42 of the UK):

determination, change of ownership in relation to certain things;
the amount of spending on each other and on family needs;
distribution of ownership rights to property in the event of termination of marriage, etc.

The following conditions are unacceptable (clause 3 of Article 42 of the Insurance Code):

restriction of legal capacity and capacity (for example, a ban on the ability to engage in activities not prohibited by law);
prohibition on turning to judicial authorities for protection (for example, the right to submit a dispute about the division of property to court);
enslaving (extremely unfair to one of the parties);
regulating personal interests (for example, smoking cessation);
contrary to the norms of the law (for example, granting one of the spouses the right to carry out transactions without the consent of the other, since this violates the principle of equality and the provisions of paragraph 3 of Article 35 of the Family Code).

IMPORTANT! Most of the rules of the insurance contract regarding rights and obligations are mandatory, and it is impossible to otherwise regulate them by contract.

Sample marriage contract for newlyweds

An approximate scheme for drawing up a document is as follows:

Name of the document, date and place of its conclusion.
Identification data of counterparties (full name, passport data, addresses).
Determination of ownership regimes in relation to certain property.
Conditions for the disposal of things that are joint property.
Financial expenses of spouses for family purposes.
Contract time.
Conditions for notifying creditors.
Signatures of the parties and dates of their execution.

An example of a transaction can be downloaded from the following link: Prenuptial agreement after marriage.

The terms and conditions must be set out in the text clearly and in as much detail as possible, there should be no contradictions or phrases that allow the provisions of the agreement to be interpreted in two ways, and concepts that do not have a generally accepted meaning should not be used (if absolutely necessary, indicate what the parties understand by this term).

Form of marriage contract after marriage

A prerequisite for the validity of a marriage contract is the fact of its notarization (clause 1 of Article 425 of the Civil Code). Failure to comply with this form entails the invalidity of the document and it is considered void.

The notary explains to the parties the meaning and significance of the transaction planned for conclusion, its legal consequences, and also checks whether the provisions set out in the text of the document correspond to the actual will of the persons.

To complete the procedure, you must submit the following documents:

identification document (passport);
a certificate confirming the formalization of the relationship;
documents confirming rights to things, the legal fate of which is reflected in the text of the contract.

IMPORTANT! Marriage agreements concluded during the period from 01/01/1995 to 03/01/1996 are valid without notarization, since the Civil Code in force during this period did not establish such requirements.

Certification is a paid procedure. The price depends on the terms of the contract (whether there is a transfer of ownership and what the cost of this thing is), as well as on the scope of the notary’s participation in the process (whether he compiled the text of the document or he only carried out the certification).

The nuances of drawing up a marriage contract

The sample on how to draw up a marriage contract presented above cannot be used without taking into account the nuances that exist in this area of marital relations. Let's look at them in more detail:

The property ownership regime (joint, shared or separate) can be established not only for things already owned, but also for those that will be acquired in the future.
The fate of property not specified in the contract is regulated by general legal norms.
To carry out the transfer of ownership of non-residential premises in accordance with the Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ, state registration is required.
Transactions are allowed under conditions (clause 2 of Article 42 of the RF IC). For example, establishing a condition such as treason for the emergence of an obligation of a material nature. In this case, it is recommended to stipulate in the text of the document what the parties mean by this concept.
Some provisions of the contract may be of an urgent nature. For example, a certain thing will become the property of the wife after 5 years of marriage.
According to Art. 46 of the RF IC, spouses are required to notify their creditors of the conclusion, amendment or termination of a marriage contract. In case of failure to comply with this obligation:

the violator is liable for his debts regardless of the terms of the marriage contract;
the creditor has the right to demand changes in the terms or termination of the contract due to significantly changed circumstances.

More information about the creditor's capabilities can be found in the ruling of the Constitutional Court of the Russian Federation dated March 19, 2009 No. 274-О-О.

Conditions for the validity of a marriage contract

Basic conditions for the validity of a marriage contract:

consistency with the law;
legal capacity and capacity of spouses;
notarization;
voluntariness and validity of will.

A transaction may be declared invalid by a court in full or in part on the grounds provided for by the Civil Code of the Russian Federation for invalid transactions (Article 166 of the Civil Code):

Voidable transactions.
For example, by the appeal ruling of the Moscow City Court dated June 16, 2017 No. 33-19507/17, the marriage contract was declared invalid under Art. 179 of the Civil Code of the Russian Federation. The disputed apartment was recognized as the personal property of the plaintiff due to a number of circumstances confirming that the defendant committed violent acts against the plaintiff and that the plaintiff missed the statute of limitations due to health reasons.
Insignificant.
For example, by the appeal ruling of the Omsk Regional Court dated 05/07/2014 in case No. 33-2733/2014, the marriage contract was declared invalid under Art. 170 of the Civil Code of the Russian Federation, since it is an imaginary transaction (done without the intention of creating corresponding legal consequences).

IMPORTANT! The limitation period in accordance with Art. 181 Civil Code.

Arbitrage practice

Below are conclusions from judicial practice that should be taken into account when drawing up a draft agreement:

deprivation of one of the parties' rights to all property acquired jointly during the marriage serves as the basis for declaring such an agreement invalid (decision of the Supreme Court of the Russian Federation dated December 20, 2016 No. 5-KG16-174);
the condition that all property acquired during the marriage remains with the spouse in whose name it was acquired is recognized by the courts as legal (appeal ruling of the Omsk Regional Court dated July 26, 2017 in case No. 33-5060/2017);
when a marriage contract was concluded less than 3 years before the initiation of bankruptcy proceedings of one of the spouses, it can be declared invalid at the request of the bankruptcy trustee as infringing on the rights of creditors (resolution of the Arbitration Court of the Volga-Vyatka District dated October 9, 2015 No. F01-3799/2015 on case No. A43-11308/2014);
if the terms of the contract do not correspond to the subject and purpose of the contractual regime of the spouses’ property, they may be declared invalid (decision of the Chelyabinsk Regional Court dated October 31, 2011 in case No. 33-11593/2011).

A husband and wife have the right to determine whether to change the legal regime of ownership of their property, including in relation to things that have not yet been acquired. This right can be exercised with the help of a marriage contract, which must comply with the requirements of legal acts and the actual will of the parties. The document comes into force from the date of notarization. An example of its design can be found above.

You should be more careful when describing the provisions of the transaction, formulate them as precisely as possible (indicate specific amounts, terms, calculation procedure, etc.) and avoid vague phrases, and also take into account the conditions of reality and judicial practice set out in this article.

Marriage contract regulates the regime of ownership of property that will be acquired during the marriage, as well as its distribution in the event of a possible divorce. A sample of this document, as well as instructions for its preparation, are presented in the material.

The law does not impose strict requirements on the form of a marriage contract, so spouses have the right to independently develop the text, sign the agreement and have it notarized. When compiling, you can rely on the sample discussed below.

General provisions

In general provisions, it is necessary to prescribe the legal regime of property that will be acquired (or has already been acquired at the moment) during the official marriage relationship. It is indicated that it relates to common (joint or shared ownership). Another option is to immediately register that, for example, the apartment belongs to the husband, and the car belongs to the wife. The parties can determine any order of ownership, but only taking into account the interests of their children.

Here are the consequences of the distribution of property after a divorce, depending on its cause:

by mutual agreement - for example, property is divided into equal shares;
in case of treason or hooliganism, the property is divided into unequal shares.

Legal regime of other types of property

You can separately specify the mode of ownership of other types of property, for example:

wedding gifts;
cars;
jewelry;
shares and other securities;
bank deposits that were made during marriage, etc.

Additional terms

For example, if it is assumed that the spouse will live in her husband’s apartment, it should be indicated that she receives the right to use this property for the entire period of the marriage relationship. It is also possible to provide for certain obligations of spouses to each other and to third parties in connection with the ownership of property (for example, to notify creditors in the event of a change/termination of the marriage contract).

The last paragraph of the contract must reflect that each spouse is familiar with the terms of the marriage contract, is fully aware of the consequences of signing this document, is of sound mind and acts voluntarily. They also reflect who pays the costs associated with paying for notary services. The spouses put their signatures with transcripts (last name, initials).

Legal features of a marriage contract

A marriage contract is concluded in simple written form, and it can be signed before marriage, as well as at any time during their life together.

A marriage contract regulates the property rights of spouses, because the responsibilities for raising and maintaining children are prescribed in the Family Code and cannot be arbitrarily changed by parents. It prescribes the regime for owning property that is expected to be acquired during life together. The document also indicates the procedure for distributing this property in the event of divorce.

The marriage contract is drawn up in 3 identical original copies: 2 remain with the spouses, 1 – with the notary. The document must be certified by the seal and signature of a notary; the state fee and tariff are paid by the applicants themselves. Subsequently, they can make any change to the text provided that three conditions are simultaneously met:

the new text does not contradict current legislation (for example, it is unacceptable to infringe on the interests of a child);
both sides agree with it;
it is paid only during the period of the official marriage.

Expert opinion

Ozerova Marina

Lawyer, specializing in inheritance, family, housing matters

A marriage contract even makes it possible to provide for possible compensation for moral damage - for example, for infidelity or domestic violence.

« How can you get married with thoughts of divorce? Or love and share at the same time?“say the indignant opponents of the marriage contract.

« How can you get married without discussing all the essential aspects of the relationship? Including financial ones. And having discussed it, why not put it in written form? For a mutual sense of security?“It’s hard to argue with this argument.

Interest and relevance to the marriage contract is growing both among young married couples and among “experienced” brides and grooms who know how to separate concepts such as “love” and “money”. Modern men and women understand that the institution of family is no longer as eternal and indestructible as it used to be. That at any moment the “other half” can cease to be such. And everything will have to be divided into two equal “halves”. And this is not always fair.

What is a prenuptial agreement?

Article 40 of the Family Code of the Russian Federation defines a marriage contract as a document that sets out the agreement of the spouses or those entering into marriage, defining their property rights and obligations - in marriage and upon divorce.

Simply put, the document is concluded between a husband and wife or a bride and groom, and its subject is exclusively the material, property aspects of a joint life - present or future.

Legislation of the Russian Federation on marriage contracts

The above definition appeared in Russian legislation relatively recently.

A little over 10 years ago, spouses had the opportunity to enter into an agreement and determine the order of ownership of their property. This right was provided for by the Civil Code of the Russian Federation, adopted in 1994. Two years later, in 1996, a separate chapter dedicated to the marriage contract appeared in the new Family Code of the Russian Federation.

This is what concerns the consolidation of the provisions on the marriage contract at the legislative level. As for the practical application of the law, there has been little positive experience over almost ten years. According to statistics, in Russia, no more than 5% of married couples enter into a marriage contract, and in most cases this document is purely formal, if not fictitious, in order to avoid litigation on the division of property and financial assets.

What does a marriage contract provide and regulate?

As mentioned above, the document regulates only property issues, and non-property issues of family and interpersonal relationships between husband and wife are not regulated by the agreement. That is, the contract cannot oblige the wife to prepare food daily, and the husband to maintain marital fidelity. But it can determine how the wife can spend her husband’s earnings or what wife’s property the husband can claim.

Let us consider in more detail which aspects of property relations can be determined contractually:

A marriage contract regulates one of the possible regimes of joint property and personal property of each spouse:

share;
joint;
separated.

Spouses have the right to determine how existing property and property that will appear in the future will be divided.
The document may stipulate what part of the spouses’ income will be common and what part will be the personal property of each of them.
With the help of a prenuptial agreement, you can determine the procedure for dividing property in the event of a divorce.
Alimony obligations of spouses to each other.
Spouses can formulate each other's property rights and obligations.
The marriage contract necessarily provides for the liability of the spouses for non-compliance with its terms.

The marriage contract should not contain provisions that:

restrict or violate the legal rights of one of the spouses (for example, a ban on working, applying to the court to protect their rights);
regulate non-property aspects of the relationship between spouses;
relate to parental rights and responsibilities, alimony obligations in relation to children (for this a separate Agreement is concluded - on the payment of alimony, on determining the place of residence of children);
determine the procedure for owning and disposing of property after the death of the spouses (there is a will for this purpose).

The procedure for registering and drawing up a marriage contract

The order of conclusion is subject to three basic rules:

A marriage contract can be concluded both between spouses and between future spouses. Only the period of its entry into legal force depends on the stage of the relationship at which the document is concluded;
BA marriage contract must be in writing. Only the written form of the document makes it possible to provide for absolutely all the essential provisions of the agreement and seal them with the signatures of the parties;
BThe marriage contract must be certified by a notary. Without notarization, the document will be invalid and will not cause any legal consequences.

When can a contract be concluded?

The law defines several options. First of all, this concerns the moment of concluding the contract - even before marriage or already during the marriage relationship. The moment the marriage contract comes into force depends on this:

If a contract is concluded between a husband and wife, it comes into force at the time of signing, unless otherwise provided in the contract;
If the contract is concluded by the bride and groom, the moment of entry into legal force will be the moment of marriage registration. If the parties to the agreement do not become legal spouses, the agreement will also not enter into legal force.

Where can I conclude and formalize a marriage contract?

As already mentioned, a marriage contract must be certified by a notary. Therefore, the place of conclusion of the document will be a notary office - public or private.

By the way, a notary can not only certify a document, but also provide assistance in drafting it - legally correct, legal, and competent.

What form does a marriage contract take?

A marriage contract is not one of those documents that can be drawn up in free form. It must comply with the rules of business documentation and legal regulations, otherwise it will be invalid.

First of all, this concerns the form of the document - written and notarized. The content of the document is also important and should not contradict the law.

If spouses (or future spouses) are confident that they can independently agree on everything, and then accurately and correctly state their agreements on paper, this is their right. The main thing is that the agreement regulates exclusively the property aspects of the relationship, does not violate the rights of the spouses, and does not conflict with the norms of civil and family law. Having drawn up a written document, a man or woman will only have to turn to a notary for certification. The notary will not only certify the finished document, but will also check whether it complies with the requirements of the law.

If difficulties arise with the documentation, you should contact a professional lawyer or directly a notary. They will help you correctly draw up the text of the contract, taking into account the agreements reached by the spouses.

Concluding a marriage contract through a representative

The law does not contain a direct prohibition to enter into a marriage contract through a representative, as, for example, in the case of state registration of marriage (Article 11 of the Family Code) or writing a will (Clause 3 of Article 1118 of the Civil Code).

However, paragraph 2 of Article 182 of the Civil Code prohibits entering into personal transactions through a representative. A prenuptial agreement can easily be classified as a personal transaction.

Therefore, even in the absence of a direct prohibition, notaries do not take responsibility for certifying marriage contracts with the participation of representatives of the parties. Although, in exceptional cases this is possible.

Documents required for execution of the contract

To draw up and have a marriage contract certified by a notary, a man and a woman must prepare the following documents:

draft agreement in 3 copies: two copies - for the parties to the agreement, the third - for storage in the notary's archive;
passports of the parties to the agreement (or other identification documents of the spouses);
marriage certificate (if marriage is concluded);
title documents for real estate that is the subject of the agreement;
documents on other property (bank accounts, shares in authorized capital, shares).

How much does it cost to conclude a prenuptial agreement?

This document is not cheap. This is understandable, because it is concluded mainly by those who have something to share.

The cost of drafting a project depends on the prices of a specific law firm or notary office. A draft marriage contract can cost from 3,000 to 20,000 rubles, depending on the complexity of the document. A lawyer whose services the married couple will directly contact can name a specific price.

The cost of notary services for certification of a marriage contract is determined by paragraph 10 of Article 333.24 of the Tax Code of the Russian Federation and is 500 rubles - from any notary, at any notary office. This amount only includes the service of entering the marriage contract number in the registration book and the notary’s mark on the document itself. The service for preparing a draft contract and making changes to the contract is subject to a separate assessment.

How to conclude a prenuptial agreement before marriage

It was mentioned above that a marriage contract can be concluded before a man and woman enter into marriage. Moreover, it acquires legal force only after the procedure of state registration of marriage in the registry office. If it is concluded, but the marriage is not registered, the contract remains invalid and does not entail any legal consequences.

If a prenuptial agreement is concluded before marriage, its subject can only be the property that will be acquired in family life. This can be real estate (houses, apartments, cottages, land), business or shares in a business, cars, household appliances and furniture, etc.

A prenuptial agreement does not determine the fate of property owned by future spouses by right of ownership before marriage. This property remains the property of its owner. If he has a desire to transfer property into the ownership of his future spouse, this can be formalized using civil contracts (purchase and sale, donation, exchange). It is not recommended to include this transaction in a prenuptial agreement.

How to enter into a prenuptial agreement during marriage

Spouses can enter into a marriage contract at any time during their married life.

In this case, the spouses already have joint and personal property acquired during marriage. Therefore, the contract must contain a complete list of available property, indicating the mode of ownership (personal, joint) and the owner. In addition, this must also be determined in relation to the property that the spouses are expected to acquire in the future.

According to the law, all property acquired by spouses during marriage is their joint property (with the exception of gifts, inheritance, personal items, and intellectual property). Debts are also common.

In a marriage contract, you can indicate that the rules of the law on joint ownership apply to the property of spouses (legal regime), or you can define a fundamentally different procedure for the ownership, use and disposal of property (contractual regime). For example, a separate order, when each spouse is the owner only of his own property and a debtor for his obligations.

Of course, each option has its own advantages and disadvantages. For example, if one of the spouses is engaged in entrepreneurial activity, then the legal regime can either enrich the second spouse or deprive him of everything, depending on the success of the “other half” in the entrepreneurial field. The contractual procedure involves the division of property. If a spouse is successful in business, the result of the work belongs only to him - he will not have to share anything with his spouse. But if he fails, he will also have to solve financial problems on his own.

How to conclude a prenuptial agreement after divorce

From the definition of a marriage contract specified in the Family Code, it becomes clear that it can be drawn up either before marriage or during marriage. Therefore, it is impossible to conclude it after the divorce. If former spouses want to resolve their disputes about property, they should conclude another document - an Agreement on the Division of Jointly Acquired Property.

Sample and form of a marriage contract

A marriage contract, like any other official document, consists of several parts:

Preamble. This is the first part of the document, which contains...

the title of the document is “Marriage Agreement”;
information about the place and date of drawing up the contract;
personal data of the parties to the agreement (full name, date and place of birth, address, passport data), if the marriage between the parties is concluded - the date and place of registration of the marriage, details of the marriage registration certificate;

The purpose of drawing up a marriage contract. For example, the settlement of property relations between spouses in marriage;

The main part of the document. As a rule, the main part is divided into several parts - subsections, each of which regulates a separate area of property relations between spouses, for example: