Is it possible to draw up a marriage contract. Is it possible to conclude a marriage contract during marriage? Termination of the marriage contract

The marriage contract must be legally valid at the time of its conclusion. Therefore, it is important to know how to draw up a prenuptial agreement in order not to risk your personal property in the event of a divorce.

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Concepts

A marriage agreement is an agreement in writing, taking into account the norms of family and civil law, an agreement between two persons, which is aimed at regulating property relations ().

A marriage contract is a civil transaction. But the main feature of this document is that it has no analogues in the field of contractual relations. This is due to the special and limited subjective composition of such a contract.

For example, when concluding a contract of sale, only the age and legal capacity of the parties matter. When a marriage contract is concluded, marital status also matters.

Such an agreement is concluded only between:

• spouses;
• or a couple who are going to formalize their relationship in the near future.

The transfer of rights to third parties during the execution of such a contract is not allowed. This means that no one other than the spouses (even if there is a power of attorney) can draw up a marriage agreement.

Assignment and transfer of rights also do not apply to marriage agreements.

If we talk about how to draw up a marriage contract correctly, then the answer arises by itself: it must be remembered that this agreement is of an individual nature, while regulating only property relations.

Legislation

The scope of the contractual regime of ownership is regulated by the following imperative documents:

• RF IC;
• GK, Code of Civil Procedure of the Russian Federation;
• NK RF.

This list can be supplemented by the definitions of the Plenum of the Armed Forces of the Russian Federation regarding:

• recognition of the marriage agreement as invalid;
• and designation of ownership in the authorized capital.

Video: compilation procedure

Order

An agreement of this kind between a husband and wife is concluded before the official registration of relations or during marriage at any time before its termination. When concluding a contract between spouses, its effect begins after notarization.

If the agreement was concluded by the spouses, then they should remember that it will become legal only after the registration of the relationship ().

When drawing up such an agreement, most couples resort to the services of lawyers and other legal experts, although this is not a prerequisite.

But the draft of such a document must be legally correct, the property status of the parties depends on this in the event of termination of the marriage agreements.

The notary only certifies the intentions of the spouses, without checking the nuances that exist in such contracts.

For what

A marriage agreement is drawn up with the aim of settling property relations between spouses (). This is the main purpose of creating such a document.

This agreement can:

• change the ownership regime;
• indicate the scope of authority in the property sphere between spouses;
• and even change the inheritance order.

By whom and when

A marriage contract is concluded by spouses or persons who are going to enter into an official marriage ().

Where and how

The Family Code of the Russian Federation does not establish restrictions on the place of conclusion of a marriage contract. Usually his draft is drawn up by lawyers. It does not matter, from a legal point of view, who will assist in the execution of the transaction, a notary or a lawyer.

The contract can be drawn up without intermediaries, but it must be remembered that it is subject to mandatory notarization ().

Paying attention to how much it costs to draw up a marriage contract, you need to consider:

• existing tariffs for notary services;
• price for the work of a notary;
• as well as the cost of a lawyer, if the couple turned to him for drafting an agreement.

Usually, the prices for drafting a marriage contract begin to be calculated from the amount 1500 rubles.

When confirming the marriage agreement, the notary checks:

• certifying documents of the parties;
• as well as documents of ownership.
  

  The last condition is not mandatory, it all depends on what conditions were included by the spouses in the contract.

Drawing up a marriage contract

It greatly simplifies the fact that the draft marriage agreement is drawn up by a lawyer. But not everyone wants to spend money and try to draw up a marriage contract on their own.

At the same time, it is necessary to know what can be included in such an agreement and its main structural parts.

As an example, you can use the following list of sections of the marriage contract:

• general information;
• property regime;
• the procedure for spending family budget funds;
• rights and obligations;
• responsibility;
• the procedure for resolving disputes;
• couple details.

A marriage contract allows you to change the regime of property. All property acquired during a marriage is the joint property of the spouses.

The exception is the contractual regime of ownership and those material goods that relate to individual property.

The section of the marriage contract "Property Regime" allows you to establish the shared and separate property of the spouses. If desired, joint ownership can not be changed.

In a special section, you can submit lists of material goods that will become the personal property of each of the couple in the event of a divorce. The procedure for paying a mortgage in the event of termination of a marriage can also be provided for in the marriage agreement.

At the notary or lawyer

A draft marriage agreement can be drawn up by a lawyer or directly by the spouses. The notary is not involved in the execution of the document itself, he only certifies the transaction.

Information about the conclusion of the next marriage contract is entered in a special register.

A completed copy of the marriage contract is subject to mandatory notarization (). Failure to comply with this condition is the basis for recognizing the contract between the spouses as worthless.

Before the wedding or after

Depending on who the parties to the agreement are to each other, it is necessary to note the possibility of concluding a marriage contract both before and after the wedding.

Spouses can enter into a marriage contract at any time before the termination of the marriage ().

Future spouses can conclude a prenuptial agreement before the registration of marriage and certify it before a notary. But the moment of its entry into force will be the day of registration confirmation of intentions to create a family.

Sample

Most often, the main reason for issuing a marriage agreement is the possibility of replacing the regime of common property of the spouses. This makes it possible to protect the property rights of persons from claims during life and after the death of one of the spouses.

If the parties do not want to divide the acquired property equally and do not hope that the court will deviate from the equality of the share when dividing the property, then the “Property Regime” section must be included in the marriage contract.

With its help, you can establish the shared or separate property of the spouses.

1. In case of shared ownership, the acquired property is divided taking into account the personal contribution of each of the spouses.
2. Under the regime of separate ownership, there is no need to divide property or allocate shares, since the acquired goods are already in the individual possession of their immediate owners.

Parties

The participants in the marriage agreements are the spouses and future spouses (). Individuals living in a civil marriage cannot draw up such an agreement due to the fact that they do not have the rights and obligations of a married couple under the law.

In what form

Such an agreement is drawn up in writing and is subject to mandatory notarization ().

What can be included

This agreement can:

• change the property regime of spouses;
• stipulate the order of expenses, issues of distribution of income;
• change the order of inheritance;
• specify a list of obligations that must be performed by each party after the termination of the agreement.

A marriage contract regulates the property relationship between a husband and wife, and at the same time there is no difference what material benefits will be discussed ():

• real, existing at the time of the conclusion of the contract;
• or those that will be received in the future.

What is not included

Such a contract shall not include provisions relating to:

• personal relationships;
• order of upbringing and participation in the life of children by spouses.

Such an agreement cannot knowingly put one of the spouses in a disadvantageous financial position.

In order to give up your part of the property, it is necessary to draw up a different document, and not a marriage contract. Otherwise, such an agreement will simply be recognized as legally void in court ().

Number of copies

After the agreement is certified by a notary, each party receives one copy of this document.

Additional documents

When creating a draft marriage agreement and certifying it, the following documents may be required:

• passports and identification codes;
• birth certificates, divorce certificates (if any);
• marriage certificate (if any);
• documents on the ownership of certain types of property.

This list is not exhaustive. It all depends on what sections will be included in the agreement.

Questions

Question: Is it possible to leave the ownership regime under such an agreement unchanged?

Answer: Yes. You can specify this in the Ownership section.

Question: Can I bequeath my part in case of death to the second spouse?

Answer: Hardly ever. When the property regime changes, the order of inheritance will indirectly change, but the marriage agreement does not acquire the characteristics of a will.

Backdating

A prenuptial agreement cannot be concluded after the completion of the marriage, regardless of any reasons.

Such an agreement can only be made:

• shortly before the wedding;
• or during the marriage.

Change and termination

The marriage contract can be terminated and changed at any time during its validity by agreement of the parties. Change and termination is executed in a separate written document ().

Invalid

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

Features of drawing up a marriage contract:

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

By means of a prenuptial agreement, it is possible to determine the property regime of the spouses, divide the obligations on loans, establish the procedure for the distribution of family income and provide for other nuances of property relations.

Treason of one of the spouses - the basis for termination of the contract?

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

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

Marriage contract and mortgage

If the family plans to purchase an apartment on a mortgage, it makes sense to think about concluding a marriage contract. This is especially true if the spouses invested unequal amounts of money in paying the down payment, or the mortgage was repaid at the expense of one of the spouses, and the second refrained from payments.

In the marriage contract, you can indicate which of the spouses will repay the mortgage debt and receive the right to a larger share of the property, indicate that one spouse will own the property, and the second will receive monetary compensation for his share and indicate the amount of this compensation.

Consider a few typical situations in which it makes sense to enter into a prenuptial agreement.

1. An apartment with a mortgage was bought after the wedding.

An apartment, the ownership of which was registered when the spouses were already married, in any case, will be considered the common and jointly acquired property of the spouses, according to the Family Code. This does not take into account that the down payment on the mortgage could be made by one of the spouses before the wedding. Therefore, a prenuptial agreement in such a particular case is clearly necessary to guarantee the retention of the right of ownership of the spouse who has invested most of the funds in the purchase of an apartment.

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

2. An apartment in a mortgage was bought at the expense of the parents of one of the spouses.

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

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

3. Paying off mortgage debts after a divorce

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

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

Marriage contract with the establishment of a separate property regime

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

Such an agreement may include the following items:

• property in the event of a divorce will go to the spouse to whom the ownership of this property was registered;
• if the property is not subject to state registration, it will go to the spouse who invested in the acquisition of this property;
• property received by one of the spouses under donation or inheritance agreements will be his personal property after the divorce;
• if the value of the property was increased by investing funds of one of the spouses, upon divorce, it will belong to him;
• special purpose income will belong to the spouse to whom they were paid upon divorce;
• bank deposits, together with interest on them, will be the property of the spouse in whose name they were issued;
• luxury items and things for individual use will become the property of the spouse who invested in their acquisition upon divorce;
• the spouse-owner of the residential premises grants the right to use this premises to his other half for the period of marriage, and in the event of a divorce, this right to use is annulled;
• the spouse is released from liability for transactions made by the other party without his written consent;
• only the spouse-owner of the property on which the foreclosure is levied is liable for collection of obligations.

Thus, conclusion of a marriage contract- an excellent way to regulate property relations between spouses, allowing you to avoid mutual disagreements during divorce and contentious issues in the process of dividing property.

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.

It must be understood that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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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:

1. clauses of the contract are contrary to law;
2. the contract is fictitious;
3. one of the parties is declared incompetent due to mental illness or any other reasons;
4. 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;
5. 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;
6. at the time of signing the marriage contract, one of the parties could not be aware of their actions;
7. 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:

1. 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.
2. 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.
3. 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;
4. 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

1. You can conclude a marriage contract both before the official registration of relations, and already being married.
2. The marriage contract becomes valid only after the registration of the marriage union in the registry office.
3. The marriage contract must be notarized, it is not required to register it in any registers.
4. You can choose any notary, regardless of where you live.
5. 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.
6. A marriage contract that includes clauses that violate Russian law can be declared invalid in court.
7. Signing a prenuptial agreement with a person incompetent for any reason is illegal and can be challenged in court.
8. 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.

One way to make your civil marriage more stable and to avoid various kinds of problems in its course is to draw up a marriage contract. This document is of great legal importance - it regulates the division of property or any other actions. Every day, the preparation of a marriage contract is becoming more and more popular in the territory of the Russian Federation.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

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Basic moments

It became most widespread after marriage abroad. But this document has a large number of various undeniable advantages, which is why it is increasingly used in Russia by married couples.

Thanks to him, you can describe in as much detail as possible all the rights and obligations of each of the spouses for the rest of their married life or in the event of divorce.

But before drawing up a marriage contract, it is imperative to deal with the following important points:

1. What it is?
2. Where to apply?
3. Why is it necessary.

This will avoid the emergence of various kinds of controversial issues, as well as all sorts of conflicts. The consequence of misunderstanding of the above issues can be a large amount of lost time and other troubles.

What it is

A term such as a prenuptial agreement is understood as a certain written agreement drawn up and confirmed by a notary.

It defines:

• property rights;
• varied responsibilities.

Moreover, this document can be drawn up both before the conclusion of the marriage itself, and after it.

Today, the current version of the Family Code of the Russian Federation allows spouses to independently, completely at their discretion, change the mode of ownership and use of joint property.

And both for the whole thing, and for its individual parts. In addition, any other clauses defining property relations can be included in the marriage contract.

Also, the following points affecting general family expenses may be included in the provisions of the document of the type in question:

1. Their size.
2. Order.
3. Size.
4. Timing.

At the same time, non-property relations on the territory of the Russian Federation cannot be determined by a marriage contract.

First of all, this concerns the right to communicate with the child. At the same time, in other countries in this area, things are somewhat different.

Where to go

The procedure for drawing up a document of the type in question is not regulated by law, it only provides for the very possibility of drawing it up.

That is why you can draw up a marriage contract as follows:

• independently, according to the model;
• by contacting a qualified lawyer.

However, each method has its own advantages and disadvantages. The procedure for drawing up a marriage contract according to the model, on your own, does not require monetary costs. Spouses can implement this procedure at any time convenient for them.

But in the absence of proper experience and knowledge, there is a high probability of making any mistake, which may lead to some disputes, as well as failure to take note of this document if the case goes to court.

A more reliable way to purchase a marriage contract is to contact a qualified lawyer. Thus, the most typical mistakes in such a case can be avoided.

In addition, the text of the document will be legally correct. This type of agreement does not need to be notarized. But if it's possible, it's still worth it.

Every day, it becomes more and more popular to draw up a marriage contract after marriage. The price of this type of procedure is relatively low, so you should not save.

Subsequently, a legally competent document of the type in question can save the spouses from a lengthy trial.

Why is it needed

In the process of living together, spouses acquire all kinds of personal property, spending their time and money on this.

According to the current version of the RF IC, everything jointly acquired in the event of a divorce proceeding is necessarily divided between the husband and wife in half.

But it often happens that for some reason a woman does not work, and all acquisitions were made at the expense of her husband (or vice versa).

Accordingly, the division of property 50/50 in this case will simply not be correct from the point of view of common sense. It is in this case that the formation of a marriage contract is required.

It allows you to accurately establish the mode of ownership and division of certain property. Moreover, even if not notarized, it has legal force.

How to draw up a marriage contract after marriage

The most important advantage of this type of document is the possibility of drawing it up after marriage. Which is especially convenient. Since it often happens that after the conclusion of a civil marriage, circumstances change.

A prenuptial agreement is usually a sheet of A-4 format, on which the following sections are indicated:

Moreover, it is especially important to indicate what kind of regime of ownership and use of property and for what it is applied.

It is advisable to make a note in which cases the spouses want their relationship to be regulated by the Family Code of the Russian Federation.

Before proceeding with the preparation and subsequent signing of this type of agreement, you should familiarize yourself with the following important points as much as possible:

1. conditions of imprisonment.
2. Is it possible to cancel.

Conditions of imprisonment

It should be remembered that a marriage contract can be drawn up only if the following conditions are met:

If at least one of the conditions is violated, then the marriage contract simply will not be considered valid. It often happens that in court one of the spouses provides evidence of forcing him to conclude an agreement of the type in question.

In this case, when dividing the property, it will not be taken into account. At the same time, there is a list of some items that cannot be included in the marriage contract.

These include the following:

The last paragraph indicates the possibility of any of the spouses, if he believes that his rights have been violated in any way.

Moreover, this means the possibility of terminating the previously concluded marriage contract. On the territory of the Russian Federation, changing the terms of the marriage contract can be carried out at any time convenient for this.

But at the same time, it should be remembered that it is impossible to unilaterally refuse a previously drawn up marriage contract.

Is it possible to terminate

The most detailed procedure for terminating a marriage contract is considered in the Russian Federation.

The main provisions of this article are the following points:

The only exception to the last paragraph are situations where the effect of the marriage contract extends to the period after the termination of the marriage of a man and a woman.

If one of the spouses decides to terminate the marriage contract, then it is necessary for him to consult with a lawyer without fail. This will avoid the occurrence of various disputes.

Video: what is a marriage document

Main nuances

Drawing up a marriage contract on the territory of the Russian Federation has been practiced relatively recently. That is why it is necessary to try to take into account all possible nuances, since sufficient judicial practice in this area has not yet been developed.

The most important points are the following:

• the document of the considered type is not subject to state registration;
• if one of the spouses refuses to comply with any conditions specified in the marriage contract, the other has the right to go to court.

A document of the type in question may be invalidated:

1. Based on the provisions of the Civil Code of the Russian Federation.
2. If one of the parties, due to the fulfillment of the indicated conditions, will be placed in extremely unfavorable conditions.

It is important to remember that the type of agreement in question must be drawn up strictly within the framework of the legislation in force on the territory of the Russian Federation.

Otherwise, the contract will be necessarily declared invalid by the court. The basis for this is.

The legislative framework

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

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

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

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

A marriage contract can establish which of the spouses owns what property, how joint property will be divided after a divorce, how the husband and wife should share in each other's income. Other provisions relating to property may also be included in the agreement. For example, mutual maintenance obligations, rights to premarital business, the procedure for paying debts.

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

Advantages of a prenuptial agreement

To answer the question of whether to conclude a prenuptial agreement, it is worth learning more about the advantages of this document. Among the advantages of the contract:

• the ability to control the financial consequences of marriage;
• absence of property disputes during the dissolution of marriage;
• protection from debt and the ability to save property if one of the spouses goes bankrupt.

If the husband and wife did not enter into a contract before or during the marriage, it is likely that in order to get a divorce, they will have to file a lawsuit in court and divide the property according to the law - that is, in half. Far from always such a division of property is fair, and, as you know, property disputes can turn even the closest relationship into enmity and hostility.

Marriage agreement before and after marriage

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

If you have drawn up a prenuptial agreement yourself, contact a notary's office to certify it. If you are unable to agree on some points, consult a lawyer, resolve all disputes and only then contact a notary. The specialist will listen to your wishes regarding the content of the contract and prepare a document that will satisfy the requirements of both parties. To conclude an agreement, the notary must provide passports, a marriage certificate and documents that confirm the ownership of the property.

Rules for compiling a document

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

• fix in the document the status of property purchased with their own money;
• indicate shares in common property;
• to settle issues of mutual maintenance, incurring expenses, distribution of income;
• certify the agreement with a notary.

Our website contains templates of the most popular prenuptial agreements - you can fill them out online and download them in a convenient format.