How to conclude a marriage contract in the Russian Federation. When can a prenuptial agreement be concluded? How to conclude a marriage contract

Conditions that will limit the capacity and legal capacity of an individual (for example, restrictions on judicial protection).
Conditions that relate to personal non-property rights (for example, it is impossible to establish who will run the household or raise children).
Conditions that will significantly infringe on the rights of the other spouse. Such an agreement may be challenged.

Property of the spouses under the marriage contract

The concept of joint ownership is provided for by civil and family law. In the civil code, general principles of jointly acquired property are distinguished. The types of joint property are directly provided for in Art. 34 RF IC:

The first type is property acquired during marriage (any movable and immovable property, for example, an apartment, a car, and so on).
Securities, deposits in banks are also recognized as common property.
The next type of property is the income of individuals, also income as an entrepreneur, income from copyright, intellectual activity (for example, disability benefits, unemployment, etc.).

It should also be noted that if, for example, one of the spouses during marriage did not have an independent income, but looked after the children, did housekeeping, then he also has the right to common property.

In accordance with the norms of family law, the content of property in a marriage agreement may be different. The marriage contract may contain property that will be acquired in the future. Therefore, the content of the marriage contract may contain different matrimonial property regimes:

Items acquired during the marriage will be the personal effects of the spouses.
Items will be privately owned.
Perhaps a mixed legal regime, combines both a joint regime, for example, for real estate, and wages would refer to personal property.

Gracheva V. applied to the court for damages against citizen Grachev N. The circumstances of the case are as follows: the spouses have been married since 2009. During the period when they were married, a dwelling was purchased, which they registered in shared ownership for ½ of each of the spouses. After the purchase of a dwelling, a marriage agreement was drawn up between the spouses. In accordance with this agreement, Grachev N.'s share was transferred to his wife.

Gracheva V. filed a corresponding claim after Grachev N. donated his share. The court of first instance refused to satisfy the plaintiff's claims, referring to the following grounds: after the conclusion of the marriage contract, Gracheva N. did not properly register the share, i.e. did not register it with the Rosreestr authorities. There was also no act - acceptance of the transfer of the share.

The procedure for concluding, amending and terminating a marriage contract

Any transaction assumes that its cannot be changed unilaterally. If there are any agreements to amend the contract between the spouses, then an agreement must be drawn up. Changes are made to the agreement in writing, and are subject to notarization.

The marriage contract may be terminated by agreement of the parties or in court. By mutual agreement of the parties, the contract can be terminated by drawing up a written agreement. Unilateral withdrawal from the contract is not valid. Termination through the court is possible in the following cases:

One of the parties made significant violations of the agreement.
The circumstances under which the contract was concluded have changed. This implies significant changes, in the event of which this agreement would not be concluded.
If the contract contains conditions under which it is considered terminated, and these circumstances occur.

The legislation provides for other changes and termination of the contract. If one of the spouses wants to change or terminate the contract in court, he is obliged to comply with pre-trial procedure. That is, first send a claim to the other party. If the spouse files an application to the court for the termination of the marriage agreement, then he must file the following documentation: passport, marriage contract, marriage certificate and pay the state fee.

Recognition of the marriage contract as invalid

A marriage contract is an agreement between two persons that defines property relations. The contract is a transaction, therefore, in the legislation there is a list of conditions when a transaction can be invalidated. This contract cannot contain conditions that contradict the basics of family and civil law. Applied to the marriage agreement the following conditions can be distinguished:

The conclusion of a transaction by an incompetent person means that at the time of the conclusion of the agreement, the person could not understand the meaning of his actions.
Making a deal under the influence of delusion, deceit, violence, threat.
If the terms of the contract put one of the spouses in unfavorable conditions.
The transaction is invalidated if the marriage itself is recognized as such (for example, a fictitious marriage).

A marriage contract declared invalid by a court does not entail legal consequences. And it is considered terminated from the moment of signing. In this case, the rules of double restitution apply (the parties return to what it was before the conclusion of the contract).

The statement of claim for the recognition of the marriage contract as invalid must contain certain main details:

The court in which the claim is filed.
Information about the plaintiff and defendant.
Justification of the invalidity of the contract and the requirement to recognize it as such.
Applications confirming the invalidity of the contract.

Citizen P. applied to the court with a claim for recognition of the marriage contract as invalid. Citizen P. was married to citizen K. from 2004 to 2012. In marriage, property was accumulated: an apartment that was in a mortgage at the time of the divorce and a car. Citizen K. insisted on concluding a marriage agreement by threatening to destroy home furnishings. The marriage contract was concluded, which, according to the civil P., put her in an unfavorable attitude. After the dissolution of the marriage, she filed a lawsuit to invalidate the contract.

The court did not satisfy the claims of the plaintiff, since she could not prove the circumstances to which she referred in the trial.

Questions from our readers and answers from a consultant

Is it possible to conclude a marriage contract in a civil marriage?

In general, the concept of civil marriage in family law does not exist. The property arising from such a marriage would be governed by civil law. A marriage contract can be concluded at any time before the registration of marriage or after. But the contract will have legal force only after the state registration of marriage. Therefore, it is impossible to conclude a marriage agreement in a civil marriage.

Is it possible to include a clause in the marriage contract that in case of infidelity of the spouse, all property will belong to the spouse?

In this case, such a clause will be declared invalid, since the marriage contract does not regulate personal non-property relations. But the contract will not be completely invalid, but only part of it.

My husband took out loans that I recently learned about. We want to get married. Will the terms of the prenuptial agreement apply to these loans?

A marriage agreement is an agreement that defines the property relations of the parties. It can provide for a different regime of property of the spouses, including loans. Therefore, it is possible to provide for a condition that provides that the debts are paid by the one in whose name the loan was issued.

Prenuptial agreement before marriage. A marriage contract is an agreement of persons entering into marriage, or an agreement of spouses, which determines the property rights and obligations of spouses in marriage and (or) in the event of its dissolution.

A marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage.

A marriage contract concluded before the state registration of the conclusion of marriage shall enter into force on the day of the state registration of the conclusion of marriage.

The marriage contract is concluded in writing and is subject to notarization.

By a marriage contract before marriage, the spouses have the right to change the statutory regime of joint ownership "(Article 34" of the Family Code), to establish the regime of joint, shared or separate ownership of all the property of the spouses, of its separate types or of the property of each of the spouses.

A marriage contract can be concluded both in relation to the existing and in relation to the future property of the spouses.

Spouses have the right to determine in the marriage contract before marriage their rights and obligations for mutual support, ways of participating in each other's income, the procedure for each of them to bear family expenses; determine the property that will be transferred to each of the spouses in the event of divorce, as well as include in the marriage contract any other provisions relating to the property relations of the spouses.

The rights and obligations stipulated by the marriage contract may be limited to certain periods or be made dependent on the occurrence or non-occurrence of certain conditions.

A marriage contract before marriage cannot restrict the legal capacity or legal capacity of the spouses, their right to apply to the court for the protection of their rights; regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children; provide for provisions restricting the right of a disabled needy spouse to receive maintenance; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law.

City of Moscow, RF
April eighth, two thousand and fifteen

We, ALEXANDER GENNADIEVICH ANANASOV, born on 11/12/1966, passport 13 11 447853, issued by the Internal Affairs Directorate of the city. Moscow December 12, 2012, subdivision code 222-123, residence: city. Moscow, st. Krasnaya, house number 33, apt. 33; Moscow November 14, 2013, subdivision code 122-122, residence: Moscow, st. Page, house number 99, have concluded this agreement on the following:

1. When entering into a marriage, the registration of the conclusion of which in the registry office should take place on 12/12/2010, we determine by this agreement our property rights and obligations in marriage and in the event of its dissolution.

2. At the time of the conclusion of this agreement, we have:
ANANASOV Alexander Gennadievich - an apartment with a total area of 45.7 sq.m., including a living area of 28.8 sq.m. address: mountains. Moscow, st. Krasnaya, house number 33, apt. 33, and owned by him on the basis of the contract of life maintenance with dependents, certified by Rusinova E.L., notary of the city. Moscow on December 22, 2013, according to the register No. 8888, registered with the institution of justice for state registration of rights to real estate and transactions with it in the city of Moscow on November 16, 2013, No. 77-77 / 00-123 / 2013-444, Certificates on state registration of the right series 77-AB No. 333333, issued by the institution of justice for state registration of rights to real estate and transactions with it in the city of Moscow on November 11, 2013
The inventory cost of the apartment is 89,642 (eighty-nine thousand, six hundred and forty-two) rubles. according to the Technical passport of the dwelling (apartment), issued by the branch of the State Unitary Enterprise KK "Kraitekhinventarizatsiya" in the mountains. Moscow November 12, 2013
OGON Anna Ivanovna - a land plot with a total area of 957 sq.m., located at the address: Moscow, st. Zhemchuzhnaya, No. 551, and provided to her for individual housing construction on the basis of the Decree of the Moscow rural administration of January 13, 1999, No. 1, and the order of the Committee for Management of Municipal Property of the Moscow City Administration of November 12, 2015, No. 12.

3. We, Ananasov Alexander Gennadievich and Ogon Anna Ivanovna, by this marriage contract before marriage establish the following legal regime for the above property:
The APARTMENT specified in clause 2 of this agreement will be the exclusive property of Alexander Gennadievich Ananasov.
Fire Anna Ivanovna does not have the right to claim this apartment by right of ownership, both during the period of marriage and after its dissolution, regardless of on whose initiative and for what reasons it will be terminated.
Ananasov Alexander Gennadievich has the right to dispose of the said apartment at his own discretion, has the right to lease it, hire it, mortgage it, as well as alienate it at any time and in any form without the consent of Anna Ivanovna Fire, subject to the requirements of Art. 604 of the Civil Code of the Russian Federation.
Ananasov Alexander Gennadievich undertakes to provide Fire to Anna Ivanovna during the period of marriage the right to use the apartment specified in paragraph 2 of this agreement, with the right to reside and register in it.
In case of dissolution of marriage, all the rights mentioned in this clause of the contract terminate simultaneously with the dissolution of the marriage. At the same time, Anna Ivanovna Fire undertakes, no later than within 10 days from the date of dissolution of the marriage, to vacate the above apartment belonging to Ananasov Alexander Gennadievich, deregistering.
The LAND PLOT specified in paragraph 2 of this agreement, in the event of acquisition into ownership (privatization), will be the personal property of Anna Ivanovna's Fire.

4. The apartment specified in clause 2 was acquired by Alexander Gennadievich Ananasov under a life-long maintenance agreement with a dependent, certified by Rusinova E.L., notary of the city. Moscow on December 22, 2013 according to the register No. 8888, and is burdened with a pledge (mortgage).

5. Property received by each of us during marriage by way of inheritance, as a gift or under other gratuitous transactions, will be the property of the spouse who received this property.

6. We establish that all other property and property rights that have already been acquired or will be acquired by us in the future during the marriage will be our common joint property.

7. The division of property that is common joint property can be made by us at any time during the marriage, and in the event of a divorce, at any time after its dissolution. The division of property can be made at the request of any of us by subsequent amendments and additions to this agreement or by concluding a separate agreement on the division of property, certified by a notary, and in the event of a dispute between us or in the event that a creditor of any of us claims on the division of property in order to foreclose on the share of one of the spouses in the common property of the spouses - in a judicial proceeding.
The property specified in clause 2 of this agreement will not be the subject of division, even if during the period of marriage, at the expense of joint investments or at the expense of the income of the other spouse, improvements were made to this property, which significantly increased its value. In this case, the second spouse is entitled to compensation for the cost of the improvements made.

8. In the event of the death of any of us, both during the marriage and after its dissolution, the legal regime of all property must comply with the provisions of the current legislation and this agreement. The surviving spouse is not entitled to claim ownership of property in respect of which we have established a separate ownership regime.

9. The marriage contract can be changed or terminated at any time by our mutual agreement, certified in a notarial form.
At the request of each of us, the marriage contract can be changed or terminated by a court decision on the grounds and in the manner established by civil law for changing and terminating the contract.

11. This agreement comes into force from the moment of its notarization and from the date of state registration of the conclusion of our marriage in the registry office.

12. Ananasov Alexander Gennadievich pays the costs of concluding the contract.
13. The parties to the agreement, in the presence of a notary, declared that they were not deprived of legal capacity, did not suffer from diseases that prevent them from understanding the essence of the agreement they signed, and that there were no circumstances forcing them to conclude this agreement on extremely unfavorable conditions for themselves.
14. This agreement is drawn up and signed by the parties in three copies, one of which is kept in the files of the notary office of the mountains. Moscow, RF, st. Red, 14, and the second and third copies are issued to the parties.

The text of this agreement was read aloud to the parties by the notary.

___________________________

___________________________
Moscow, Russian Federation, April 8, two thousand and fifteen.
This contract is certified by me, Rusinova Elena Leonidovna, notary of Moscow, Russian Federation.
The contract was signed by the parties in my presence. The identity of the parties has been established, their legal capacity has been verified.

Registered according to the register No. ___________
Collected at the rate of 800 rubles. + 1200 rub. for ave.
NOTARY E.L. RUSINOVA

From the article you will learn: what is a prenuptial agreement, the pros and cons, the requirements for its preparation and the main purpose of this legal document for a married couple.

Few people know that the right of newlyweds to regulate property rights and obligations by drawing up a marriage agreement was enshrined in the Family Code and guaranteed by its articles more than 20 years ago. Russian newlyweds, as well as persons already married, began to use this right relatively recently, which cannot be said about citizens of Eastern European countries and Americans. For them, fixing the basic conditions for the use, possession and disposal of common joint property, both during the marriage and in the event of its dissolution, is no longer a novelty, therefore, the proposal to conclude a marriage contract does not cause any negative emotions or even more offense.

What is a marriage contract? What drafting conditions must be met in order for the document to be valid and legally binding? What exactly can be guaranteed by the agreement? You can find answers to these and other questions regarding the conditions for concluding a transaction of this kind in the material presented. The information contained in the article is up-to-date and fully complies with the requirements of the current legislation.

What is a prenuptial agreement, document requirements

In accordance with current family law, a marriage agreement is a civil law contract, the parties to which are newlyweds who plan to register their relationship with the registry office, or spouses who are already married.

The main purpose of the document is to regulate relations between the parties to the contract, and only those rights and obligations that relate to the property of future or current spouses are subject to regulation. Thus, the contract may provide for the right of the husband and wife to receive half of all property in the event of divorce, regardless of the presence of children and their age. In addition, the contract can fix a list of types of property that will not be subject to the common joint ownership regime, that is, such property that will not be subject to division even in a divorce.

For the agreement to be legally binding, it must comply with legal requirements. These include:

clauses of the contract should not contradict the norms of the law. Thus, the agreement cannot contain a clause that completely deprives minor children of the right to maintenance in the event of a divorce between their parents, who are also parties to the contract;
the mandatory details of the document are the signatures of the parties, the date of its compilation;
the marriage contract is drawn up only in writing;
the completed agreement is subject to notarization. Before signing the contract by the parties, the notary is obliged to explain to the newlyweds the consequences of concluding this transaction, if necessary, dwell on the details of individual clauses of the contract.

Note! If you do not plan to include special clauses in the contract that significantly distinguish it from similar contracts, you can write the text of the document yourself. Otherwise, it is better to seek help from a lawyer or negotiate the terms of this service with a notary who will certify the agreement.

It should be noted that the content of the marriage contract, if desired by the parties (one party), can be amended. If both spouses agree with the amendments to the text of the document, there are no legislative restrictions on the implementation of this action. In the event that the husband or wife is against changing the agreement, the issue is resolved in court.

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The main purpose of the marriage contract, its content

As mentioned earlier, the main purpose of concluding a transaction, the consequence of which is the signing of a marriage contract, is to endow the spouses with property rights and establish their obligations.

It should be noted that in addition to property relations, the contract may regulate the relationship between parents and children. For example, according to the terms of the agreement, the spouse who initiates the divorce procedure may lose not only property rights to real estate or cars, but also the right to communicate with children. Before deciding to divorce, a potential violator will think a hundred times whether it is worth making such sacrifices or can you still try to save the family? In view of the foregoing, we can conclude that the marriage contract is designed not only to fix the main points of property relations between spouses, but also to strengthen family ties.

establishing the share of each party to the contract in the event of divorce. According to family law, in the event of a divorce, the common joint property is subject to division between the spouses in equal shares. In the contract, it is possible to change the size of the share of the husband and wife, moreover, the party that violated the terms of the agreement can be deprived of the property right to an apartment or a car purchased in marriage in general. With regard to private property, that is, property purchased by a husband or wife before marriage, the contract can stipulate the conditions for the use of such property. Some couples prescribe in the marriage contract the possibility of transferring private property into a common joint property. The period after which a change of regime is allowed is pre-negotiated by the newlyweds, and then prescribed in the contract. As a rule, this period is from 15 to 20 years. If, over time, the spouses wish to reduce this period, they can amend the content of the agreement. With the consent of the parties, this is quite possible;
obligations of husband and wife during marriage. So, in the contract, you can specify the obligation of the husband / wife to support the parents of the second spouse. At the same time, in the event of a dissolution of a marriage, one of its parties that allocated money for maintenance has the right to demand compensation for the funds spent at the expense of the common joint property. Residents of Eastern European countries are more advanced in this matter, they stipulate almost everything: the duties of cooking, caring for children. Do not go unnoticed and intimate relationships. As for the Russians, at this stage in the development of the sub-institution of marital relations, the main attention in drawing up a marriage contract is given to property rights, and not to solving issues of secondary importance;
grounds for termination of marriage. The most common reason for divorce, which is most often prescribed in a prenuptial agreement, is adultery;
providing funds for the maintenance of a wife or husband. The contract may contain a list of circumstances, the occurrence of which is the basis for the provision of maintenance funds. Thus, the obligation of a spouse to provide for their other half may arise as a result of her loss of ability to work, as well as in the event of a divorce. The amount and terms of payments are also negotiated by the parties to the contract and are fixed in its content;
terms of joint property management. For example, if the spouses are the owners of a large company, then the contract can specify their responsibilities for managing it. Along with this, as a rule, liability is established for failure to fulfill their duties.

Important! Prescriptions of the marriage contract cannot put the husband or wife in an extremely unfavorable financial position, as well as violate the rights of children to parental support and other types of assistance until the latter reaches the age of majority. If the terms of the agreement contradict the norms of the law, it can subsequently be challenged in court.

Advantages and disadvantages of a prenuptial agreement

Although at first glance, the prenuptial agreement does not evoke romantic, but partly mercantile feelings, it still has much more advantages than disadvantages. The biggest plus of the agreement is that this particular document is sometimes a deterrent, forcing a husband or wife to change their mind and save the family. That is, in fact, the contract does not allow the spouses to act thoughtlessly, and sometimes even stupidly.

In addition, the marriage contract has a number of other advantages:

the property rights of the spouses in the event of divorce have already been determined, so there will be no additional “sharing”;
the ability to change the ownership regime (from private to joint), to make changes and amendments to the content of the document;
in the absence of a clause in the contract providing for the transfer of property from the category of private property to common property, real estate and vehicles acquired before marriage remain the property of their original owner.

As for the minuses of the agreement, it has no obvious shortcomings as such. Is it possible to lose everything in case of violation of the terms of the contract, but this is no longer a minus, but a reminder of the responsibility that may arise if one of the parties to the contract evades fulfilling its obligations.

In view of the foregoing, we can conclude that the prenuptial agreement, so to speak, disciplines the spouses and brings more clarity to their family relations, and in some cases this is much better than irresponsibility and understatement, due to which many couples decide to dissolve the marriage. As a result, not only ex-spouses suffer, but also their children.

A written agreement concluded between the spouses, certified by a notary and regulating matters relating to property. For the first time, the concept of such a contract arose in ancient Rome, where marriage was considered as an agreement on property issues. According to the modern Family Code of the Russian Federation, by signing a marriage agreement between spouses, various issues of ownership of movable or immovable property can be settled. This contract may establish different ways and shares of ownership of property by each of the spouses. Also, the marriage contract often prescribes the costs that both spouses bear, for example, mortgage payments, as well as the costs of maintaining each other throughout the marriage, payments and expenses after the official one.

A marriage contract is drawn up by the spouses themselves or by lawyers, when contacting a law firm. It is not necessary to register the contract, however, such a contract must be notarized.

Marriage agreement for those already legally married

According to the current legislation of the Russian Federation, a marriage contract can be concluded at any time. However, for couples who are in the so-called, without formalizing the relationship, it makes no sense to conclude a marriage contract: it starts to operate from the moment. At the request of the spouses, conditions may be included in the contract, under which the agreement enters into force, for example, the birth of a child.

The marriage contract is supposed to be in writing and, as already mentioned, it must be notarized. The amount of payment for notary services varies depending on the complexity of the agreement, which is established, and necessarily includes a state fee in the amount of 500 rubles.

In the marriage contract, all issues regulating the disposal of movable and immovable property can be spelled out. However, other points that are not related to property disputes cannot be included in the marriage agreement. Among the conditions that cannot be included in the marriage contract, there are:

regulation of personal relations between husband and wife;
conditions on the rights of a husband or wife to joint children;
conditions that restrict one of the spouses in the rights of a citizen, for example, a ban on going to court, a ban on drawing up a will, a ban on doing business.

When is a marriage contract considered invalid?

A marriage contract, even if in fact it is a void transaction, is officially recognized as invalid only in court.

In order for a marriage agreement or some of its clauses to be officially declared invalid, at least one of the following conditions must be met:

clauses of the contract are contrary to law;
the contract is fictitious;
one of the parties is declared incompetent due to mental illness or any other reasons;
the agreement was concluded by misleading one of the parties, for example, one of the spouses transferred expensive property to the other, because he was sure that it was not expensive;
the contract is “bondage”, that is, it is concluded with a disadvantage for the wife or husband, through deceit, violence, threats or under adverse circumstances;
at the time of signing the marriage contract, one of the parties could not be aware of their actions;
the contract is not properly executed and does not correspond to the established form.

How to conclude a prenuptial agreement during marriage: step by step instructions

In order to issue prenuptial agreement after marriage required:

Decide on the terms to be included in the contract. The marriage contract may contain property clauses on the division of joint property after a divorce, the maintenance of each other, the distribution of family expenses and income.

Draw up a marriage agreement. You can do this yourself using a model agreement, but it is better to contact a law firm, as lawyers will be able to take into account all peculiarities and details of your agreement.

Prepare a package of necessary documents. To conclude a marriage agreement, you must provide:
identity cards from husband and wife;

the right to own movable or immovable property;

Visit a notary. Those wishing to conclude a marriage contract can apply to any notary, it is not necessary to go to a notary office, which is geographically located in the area where they live.

The contract must be executed in writing on notarial forms in three copies, two of which go to each of the spouses, and the third remains with the notary.

Common questions about entering into a marriage contract

Question: If the spouses have been married for more than 20 years, can they enter into a prenuptial agreement?

Answer: Yes, according to paragraph 1 of Article 41 of the Family Code of the Russian Federation, married citizens can sign a marriage contract at any time. The contract will enter into force immediately, while those who enter into a marriage contract before formalizing the relationship will have to wait for registration at the registry office, since the contract will take effect only after the conclusion of the marriage union.

Question: Is it possible to include in the prenuptial agreement a condition that after the divorce the children must live with the father?

Answer: No you can not. According to paragraph 3 of article 42 of the RF IC, a marriage contract cannot concern any issues other than property issues. If there are conditions in the contract that do not comply with the current Family Code, the contract is invalid and can be challenged in court.

An example of a court proceeding to invalidate a marriage contract

Let us consider in detail the situation, which is controversial and needs litigation.

The couple have been married for about ten years and have two young children. An apartment was purchased with joint funds in the name of her husband. Later, the husband persuaded his wife to conclude a marriage contract, according to which, after the divorce, the wife does not have the right to claim real estate. After some time, the family decided to divorce. The court ruled that young children live with their mother, but according to the marriage contract, a woman does not have the right to an apartment bought with her husband. To challenge the terms of the contract, the wife filed a lawsuit in court.

Considering that the spouse after the divorce is left without living space with two minor children, the court will consider such conditions unfavorable. Since the clauses according to which, after a divorce, the apartment belongs undividedly to the husband, put the wife at a disadvantage, then, according to clause 44 of article 44 of the RF IC, the terms of the marriage contract become invalid and canceled. Further division of property is carried out in accordance with the legislation, which prescribes equal shares to both spouses.

Conclusion

You can conclude a marriage contract both before the official registration of relations, and already being married.

The marriage contract becomes valid only after the registration of the marriage union in the registry office.

The marriage contract must be notarized, it is not required to register it in any registers.

You can choose any notary, regardless of where you live.

The subject of a marriage contract may be only issues affecting the topic of property, other items regulating, for example, the rights of spouses regarding children, cannot be included in the agreement.

A marriage contract that includes clauses that violate Russian law can be declared invalid in court.

Signing a prenuptial agreement with a person incompetent for any reason is illegal and can be challenged in court.

The entire marriage contract or its individual clauses, which put one of the spouses in an unfavorable position after the divorce, can be declared invalid by filing a claim with the courts.

I told how property is divided between former spouses according to the law. Today we will talk about the division of property, if the husband and wife entered into a marriage contract.

Daria Kulinich

We know about what a prenuptial agreement is from American films and magazines. And if we lived in the USA, then our ideas would be fully consistent with reality. But we live in Russia, and our marriage contract is different from their marriage contract.

Spouses enter into a marriage contract if they do not want to divide the property as it is written in the law - that is, in half. The marriage contract takes precedence over the family code: when dividing property, the court will be guided primarily by the marriage contract and only then by the law.

A marriage contract is needed in cases where the division of property according to the law will not be fair. Or when the court can divide the property in several ways, and only one suits the husband and wife. Here are six cases in which a prenuptial agreement makes life easier:

Reason 1

Buying an apartment in a house under construction

Albert invested in the construction of a two-room apartment in Yuzhny Butovo. He will receive the keys and a certificate of ownership in two years. And he will marry Masha in a year. Formally, the new apartment will become their common property. In order for the court not to divide this apartment between the spouses during a divorce, Albert needs to prove that he bought it with his own money.

A simple solution: Albert and Masha enter into a marriage contract, where they indicate that the kopeck piece in South Butovo belongs only to Albert.

Reason 2

Real estate gift for a wedding

Parents gave Anya and Denis a wedding house in the suburbs of St. Petersburg. Six million were invested by the parents of the bride, three million - by the groom. The young people received a certificate of ownership after the wedding. By default, in a divorce, the court will divide this house in half.

A simple solution: Anya and Denis fixed in the marriage contract that Anya owns ⅔ of the house, and Denis - ⅓.

Reason 3

premarital business

Maxim is a successful businessman and his wife Katya is a student. Max created his business long before meeting Katya, but he began to receive profit only in marriage. They have not yet acquired joint property, but they plan to buy a car and an apartment in the future. All acquired property will automatically become common, regardless of the financial contribution of each of the spouses.

A simple solution: With the help of a prenuptial agreement, Maxim and Katya agreed that the car they would buy would belong to Katya and the apartment to Maxim. The rest of the property that they acquire will become common, which is fair, because Katya will have graduated from the university by that time and will start working.

Reason 4

Separate budget

Natalya and Sergey are actively pursuing a career, both earn well, but maintain a separate budget. Sergey bought himself an expensive SUV, and Natalya invested in a house in the near Moscow region. According to the law, Natasha owns half of the jeep, and Sergey - ½ of the house in the village.

A simple solution: To exclude disputes about property, Natasha and Sergey entered into a marriage contract, according to which each of the spouses becomes the sole owner of the property that is recorded on it. Everyone is also responsible for their own loans.

Reason 5

Property purchased with personal money

After the wedding, Ruslan decided to sell his bachelor sports car and buy a minivan, which is more suitable for family trips and transporting building materials to the country. A new car is automatically considered the joint property of Ruslan and his wife. In the event of a divorce, Ruslan would have to prove that the minivan was purchased with money from the sale of his personal car, so that the court would not divide this property in half.

A simple solution: Ruslan and his wife wrote in the marriage contract that the car belongs only to Ruslan, in order to save him from having to collect and store evidence.

Reason 6

Property cannot be subdivided in reality

Pasha and Marina bought a one-room apartment in Lyubertsy. They have no other joint property. In the event of a divorce, they will have to agree on how to share a one-room apartment.

A simple solution: In order to protect themselves from the unpleasant consequences of sharing the odnushka, Pavel and Marina agreed that in the event of a divorce, Marina would become the owner of the apartment. And as compensation, she will pay Pavel 2.5 million, which she will take on credit.

How to conclude

There are three ways to write a marriage contract:

Find a template online and customize it to your needs.
Contact a lawyer for drafting.
Compose a text with a notary.

500 R

state duty for notarization of the marriage contract

In any case, you will have to contact a notary: the marriage contract must be notarized.

Agree whether premarital property will be divided if the other spouse invested money in it and increased its value

Determine whether a disabled spouse or one with whom they have common children will receive a monthly allowance

Establish who will contribute how much to the overall costs

Agree on how you will separate in the event of a divorce

Determine whether the second spouse will repay your loan and, conversely, whether the bank will be able to take your personal property to pay off the debt of the spouse

Be sure to certify the marriage contract with a notary

When it starts to work

If the contract is concluded by spouses, then it begins to operate from the moment of conclusion. If future spouses - then from the moment of registration of marriage. If the wedding is canceled, then the marriage contract does not enter into force. This means that a marriage contract cannot be concluded by people who live in a civil marriage.

Husband and wife, through a marriage contract, can share property without divorce. In the contract, the spouses can write that separate ownership of property is established from the moment the contract is signed or another specific date, and is not associated with the fact of divorce.

What conditions to include

The Family Code allows only conditions relating to personal and common property that already exist or will appear in the future to be included in the marriage contract. It is impossible to write down in the contract conditions relating to third parties (children, relatives) and personal non-property relations of spouses:

share an apartment, house, cars, yachts, planes, money in accounts, debts, loans

include conditions on who the children will stay with after the divorce;
that part of the property will go to the mother-in-law;
how often should you have sex;
that after a divorce, one cannot remarry;
that in case of treason monetary compensation is paid

If the spouses have included prohibited conditions in the marriage contract, then such conditions are considered invalid, but not the entire contract. The court may declare a prenuptial agreement completely invalid if, under its terms, one of the parties is in an extremely disadvantageous position. It is impossible to fix in the contract that one side gets everything in a divorce, the other - nothing.

The English say: "Hope for the best, prepare for the worst." No one can control the outcome of a marriage because it is impossible to control a spouse. The good news is that a husband and wife can control the financial consequences of their marriage if they enter into a prenuptial agreement. Whether to do it or hope for the best is everyone's personal choice.

conclusions

Decide if you really need a prenuptial agreement.
Fix in the marriage contract the status of property acquired with personal money.
If you invest in property unequally, determine the shares in the common property in the marriage contract.
If you do not want to divide the property, agree in the marriage agreement who will receive the property and who will receive the money.
Get your marriage contract certified by a notary.