Prenuptial agreement conditions order of conclusion. Essential terms of a marriage contract. Change and termination of the marriage contract

A marriage contract is a voluntary agreement between persons planning to register a marriage or spouses, which establishes the property rights and obligations of the parties to the marriage, as well as their eligibility in the event of divorce in the future.

Legal regulation of the issue of concluding a marriage contract

The concept of a marriage contract is clearly defined in the Family Code of the Russian Federation. In addition to a special set of laws, the conditions and requirements for an agreement are enshrined in the Civil and Commercial Codes.

Purposes of concluding a marriage contract

It is obvious that the agreement is intended to regulate and secure the property rights and obligations of the spouses in marriage, as well as in the event of its dissolution, in order to exclude or at least minimize the reasons for the spouses to go to court on the division of property.

In addition, the current family law cannot be called thorough, therefore, by concluding a marriage contract, the parties improve the legal norms in relation to a particular situation. As a rule, the provisions of a prenuptial agreement protect the property rights of spouses and children more effectively than legal prescriptions.

Features of concluding a marriage contract

Like any other legally significant agreement, the marriage contract and its execution have the following features:

an agreement can be concluded both before the state registration of marriage, and after it without setting a time frame or other hourly restrictions. It is important to take into account that the marriage contract concluded by the bride and groom before marriage comes into force from the date of state registration of marriage;
the contract is intended to regulate only the property (material) relationship of the couple. Its conditions cannot concern the intimate life of the parties or, for example, regulate the issue of raising common children. If the practice of combining private life and civil legal relations is used abroad when drawing up the provisions of a marriage contract, then, according to Russian law, the purpose of developing a contract is to prevent property disputes in the divorce process, but not to interfere in the privacy of the parties;
settlement of material relations of counterparties can be applied both to the current well-being of spouses (or the bride and groom), and to their future property. For example, spouses can already today decide the fate of a car or apartment that they plan to buy in the future.

Conditions for concluding a marriage contract

To conclude a marriage contract, you need to adhere to the basic principle of legality and justice, as well as some rules for concluding contracts of a material nature, which are:

voluntariness. The agreement will be valid only when its signing was preceded by the mutual consent of the parties;
notarial form. Russian law requires that all agreements governing property relations between certain persons be certified by a notary (signed in the presence of a notary) and the marriage contract is no exception.

Model provisions of the marriage contract

Usually, persons who decide to conclude a marriage contract immediately turn to a notary for help, since each notary has a standard form of this agreement.

So, what can a notary offer to add to the contract as part of a preliminary consultation:

introduce a regime of common shared ownership of property. For example, if one of the future or held spouses acquired some property for personal funds, by common agreement, the other side can also be entered as the owner of these material goods. Such a regime may provide for unequal shares and, by agreement, directly proportional to the investment of each spouse in the process of material support of the family;
regulate and consolidate the rights and obligations of the parties regarding the mutual maintenance and maintenance of children, moreover, the contract may contain additional obligations to maintain even an able-bodied spouse for the entire period of marriage, as well as after its dissolution, which is not provided for (however, not prohibited) by the norms of the current family legislation;
to consolidate the ways of participation of spouses in providing for the family. That is, the agreement may stipulate that the husband is obliged to give a certain part of his salary to his wife, which, in turn, must be spent exclusively on the needs of the family;
fix the procedure for bearing the expenses of the spouses. For example, within the framework of the contract, it is possible to assign the duty of maintaining a daughter to the father, and providing for the son to the mother, or vice versa;
determine the property mass, which after the dissolution of the marriage will go to each spouse. It is important to understand the importance of concretizing this paragraph, since its consolidation eliminates the grounds for family disputes in court.

These provisions are general and define the scope of the possibilities of the parties to the marriage contract. To draw up a specific agreement, taking into account the individual characteristics of each family, it is best for counterparties to enlist the help of an experienced family lawyer.

Conditions that cannot be included in the provisions of the prenuptial agreement

Despite the vastness of the rights of the parties in the formation of the provisions of the marriage contract, there are still a number of limitations. So, in the marriage contract you can not make the following items:

limiting the civil rights and obligations of spouses (their legal capacity). For example, it is impossible to fix the demand of one spouse to remove the second from the register in a common apartment in the event of a divorce - thus, the right of a citizen to housing is limited;
limiting the legal capacity of the parties to the contract - it is impossible to deprive one of the parties of the right to apply to the court;
regulating non-property relations. These are provisions concerning the upbringing of common children, everyday life, and intimate relationships. For example, within the framework of a marriage contract, it is impossible to oblige a spouse to change their surname to a premarital one in the event of a divorce;
putting one of the parties in an unfavorable financial position. It is unacceptable that, under the terms of the contract, in the event of a divorce, one of the spouses is left with nothing at all;
limiting the rights of spouses to receive alimony for the maintenance of children or personal maintenance in case of disability;
contain any other terms that are contrary to applicable law.

Drawing up a marriage contract in violation of the current legislation entails its recognition as invalid in a judicial proceeding.

The agreement can be changed or terminated by mutual decision of the spouses at any time.

A marriage contract (contract) is an agreement between a man and a woman who have entered or are about to enter into a marriage union, which determines only the property rights and obligations of the spouses (Article 34 of the RF IC). This is a civil law contract, which is regulated by the Civil Code of the Russian Federation (Civil Code of the Russian Federation) and the Family Codes (IC of the Russian Federation). It does not affect non-property rights (with whom the children will remain, whether it is necessary to change the wife's last name during a divorce). Spouses enter into a contract in which they prescribe the rights to property, distribute financial obligations in relation to each other and existing (future) children.

Necessary conditions for the entry into force of the marriage contract

In order for a prenuptial agreement to come into effect, it must meet certain legal requirements, which include the following:

Mandatory certification by a notary. Only after that the contract becomes legally valid (or from the moment of receiving a marriage certificate, if it is concluded by young people before the wedding). It is not concluded through an intermediary (lawyer), both spouses are present when drawing up and signing the contract. If one of them, due to a physical defect (paralysis, serious illness), the other half cannot be present at the notary, the official representative does this for him, and a corresponding note is made in the marriage contract.
Both husband and wife must be capable responsible for their actions.

Legal capacity comes in full at the age of 18. But Article 21 of the Civil Code of the Russian Federation says that underage citizens of Russia can also sign a marriage contract, but only after marriage. They automatically become capable, so they can sign such an important document.

Besides:

Marriage must be real, not fictitious, that is, have the goal of joint household management, the birth and upbringing of children. "Civil marriage" or cohabitation is not considered official.
Both parties to the marriage contract must fully agree with its terms (Article 41 of the RF IC).
In form and content, a marriage contract must comply with the legal concept of a marriage contract, the terms of which are spelled out in Articles 40 and 42 of the RF IC.

What conditions can be included in the contract

The marriage contract may contain mandatory, resolutive and suspensive conditions (Article 157 of the Civil Code of the Russian Federation). Mandatory conditions include:

a written contract between spouses;
contain conditions that infringe on the rights of another spouse who is disabled or able to provide for himself and his family;
the absence of clauses relating to non-property rights;
the contract does not regulate with whom the children will remain after the divorce;
conditions must not contradict civil and family law.

Such conditions are called suspensive, which at the time of signing the marriage contract has not yet come, and whether it will come at all, is unknown. For example, in the event of a divorce, a spouse undertakes to pay his wife $ 200 monthly, but in the event of the birth of a common child, the maintenance increases to $ 500.

A suspensive condition is applied when one of the spouses takes a loan, for example, mortgage. Article 46 of the RF IC protects a husband or wife from fraud with loans, which are possible from an unscrupulous second half.

Here is a suitable example: a husband takes out a large loan secured by property, without informing his wife about it. Realizing that he cannot cope with the payments, he rewrites it to his unsuspecting spouse, and after the divorce, the creditors confiscate the mortgaged property from her.

All marriage contracts signed prior to receiving a marriage certificate are considered suspensive.

Cancellation conditions- these are conditions, the occurrence of which cancels one or another clause of a written contract between the spouses. For example, the apartment is completely given to the wife in the event of a divorce, but if the divorce is initiated by the wife or provoked by her infidelity, then the apartment will remain in the husband's property.

Ownership regime, its types

According to Article 42 of the RF IC, when concluding a marriage contract, a husband and wife establish a mode of shared, joint or separate ownership.

Joint ownership regime is established by Article 33, paragraph 1 of the RF IC by default. There is no point in adding it further. But in the marriage contract, certain types of joint property can be affected. For example, an apartment purchased by the wife before marriage may be described in the contract as joint property, and it will be divided equally in the event of a divorce. If this is not prescribed, the apartment remains with the wife even after the dissolution of the marriage.
Fractional ownership regime regulates the degree of participation of husband and wife in the acquisition of property benefits. For example, a country house with an uncultivated land plot was purchased for the husband's money. The wife did not spend money on it, but ennobled the site, laid out beds, made various plantings, flower beds, as a result of which the cost of the site increased several times. In the contract, you can specify that in the event of a divorce, the cottage is sold, and 1/3 of the cost remains for the spouse, and 2/3 for the spouse.
Separate ownership regime concerns certain property to which the rights of the second spouse will not apply. for example, the marriage contract states that bank deposits and securities are the separate property of the husband, while luxury items (jewelry, antiques) remain with the wife during the divorce. And no one has the right to claim what, according to the contract, does not belong to him.

In addition to one of the three regimes, the contract provides for a mixed ownership regime, combining joint, shared and separate types.

Doubt whether or not to conclude? In this article, we talked in detail about. This article will help you make the right decision.

There is another document that regulates the property relations of spouses -. In some cases, it is preferable.

Disposition and possession of property

Spouses can distribute the size of the shares 1:1, i.e. each will own after the divorce 1/2 of the property. But you can clearly define who gets what.

cash deposits remain with the person to whom they were made
securities belong to those who issued them
jewelry and rarities will go to the person who has acquired them
gifts made for the wedding are divided equally, or sold at auction and the amount is divided in half
cars, apartments and garages are transferred to the one to whom they are registered
personal items (clothes, shoes, hygiene products, perfumes) do not belong to joint property

Rights and obligations for mutual content

Articles 89-97 of the RF IC clearly define the procedure for paying alimony both in marriage and in the event of its dissolution. The only basis for assigning cash payments to the second half is disability or neediness, which is determined by the court.

Disability usually refers to a disability acquired during marriage, while neediness refers to the inability to earn enough money to support oneself (a woman on parental leave) or too little government assistance (a disabled person).

The marriage contract allows the husband or wife to be protected, as long as they are not legally incompetent and do not fall under the category of insufficient state provision in the form of pensions and benefits. If the second half (usually a spouse) quit a career or interrupted education due to the creation of a family, then during a divorce, they find themselves in a financially vulnerable position. A prenuptial agreement allows you to specify such points in advance and set a specific amount of maintenance.

Family income and expenses

Article 42, paragraph 1 of the RF IC defines the right of spouses to participate in each other's income, to distribute responsibilities for the maintenance of the family. In particular, you can clearly indicate who is financially responsible for which area of life.

This applies to the following:

payment of housing and communal services (you can determine equal shares for monthly payments);
buying food;
payment for children's education (tutoring, private school, college);
repair of an apartment, arrangement of a summer residence, maintenance of a car;
expenses for rest and excursions;

Family expenses may be subject to a waiver when an incident changes the way family expenses are paid. For example, a husband or wife becomes ill or becomes incapacitated. In this case, the clause of the marriage contract, which sets out the right to participate in income equally, is canceled. A healthy spouse undertakes to support the family until the second half fully recovers.

Under the contract, not only expenses are divided, but also income. These include both cash and other benefits (pedigreed puppies, fruits and vegetables grown in the country). In addition to the salary, the husband and wife can share dividends from deposits, profits from renting out housing, selling an apartment, etc.

Particularly sensitive spouses may include some special circumstances as a suspensive condition. For example, according to the marriage contract, a husband and wife are required to contribute 50% of their personal income to the family piggy bank. In the event of pregnancy and the birth of a baby, the wife ceases to contribute personal funds to the family budget, and the husband undertakes to pay all expenses until the child reaches 3 years of age and, in addition to them, allocate 20% to his wife for personal needs. As soon as the baby turns 3 years old, this condition is automatically canceled.

The term of the marriage contract

Article 43 of the IC of the Russian Federation indicates that the marriage contract is terminated automatically upon receipt of a certificate of divorce. But even at the time of the conclusion, it is possible to stipulate which obligations will continue to operate even in the event of a divorce. These can be alimony payments to a disabled ex-spouse, monthly maintenance to a capable spouse who finds himself in a difficult economic situation, etc.

Procedure for making changes and termination

A marriage contract, like any other civil law transaction, can only be terminated bilaterally. If one of the spouses insists on terminating the contract, and the second is against it, the issue is resolved through the court. According to Articles 450-451 of the Civil Code of the Russian Federation, the reason for the judicial termination of the marriage contract is a gross violation of its terms.

For example, a husband, being in joint ownership with his wife, gives one of the apartments to another person without informing his wife. Accordingly, he concealed the income that is common, violating the rules of the contract. The court issues a ruling compensating for the material losses of the other half.

Changing the marriage contract is also carried out either voluntarily or by a court decision. In the first case, the spouses turn to a notary who makes an additional agreement.

If only one spouse wants to make changes, he has the right to file a corresponding application with the court. The reasons for possible changes will be considered there, whether they are sufficient grounds for making changes.

What conditions cannot be included

Unlike American marriage contracts, in the CIS countries they concern only property relations, and non-property rights and obligations are not considered. In particular, the contract does not cover the following:

personal rights (prohibition of adultery, alcohol consumption)
personal freedoms (ban on movement around the country, the opportunity to study or work)
principles of parenting
testament and inheritance
infringement of the rights of disabled spouses
distribution of non-property responsibilities in marriage (who takes out the trash, how many times a week to clean the apartment)
disclosure of family secrets
damage to business reputation

In case of non-observance of the rules for drawing up a marriage contract or violation of the rights of one of the spouses, it is recognized as invalid.

General information for concluding a marriage contract of spouses

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

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

It is worth noting that such a concept as the conclusion of a marriage contract does not imply the registration of marriage in the shortest possible time. No legislative acts regulate the time after which, after the conclusion of the marriage contract, it is mandatory to submit an application for marriage.

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

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

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

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

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

Rules and conditions for concluding a marriage contract

Mandatory conditions for drawing up a marriage contract:

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

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

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

4) The contract is sealed by the signatures of the citizens who have concluded it.

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

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

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

In such a case, at the request of that party, the contract may be signed by another person. However, the signature of this authorized person must be notarized without fail. Moreover, it is also obligatory to indicate the reasons and conditions as a result of which the contract was signed by the originator not with his own hand.

All citizens have the right to certify the marriage contract before a notary. It does not matter whether he is in private practice or works in the public notary system.

A notary certificate is an authenticating inscription placed on the contract.

A marriage contract in Russia is a kind of bilateral transaction.

And therefore, the rules applicable to the above transactions also apply to it.

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

And an invalid prenuptial agreement is just a useless document that has no legal force.

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

Persons who are legally capable of entering into marriage have the right to conclude a marriage contract. That is why it is permissible to conclude a marriage contract between persons who have not reached the age of marriage, namely 18 years.

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

And since, according to the agreement, after marriage, the minor spouse acquires civil capacity in full, then he will be able to conclude a marriage contract of the spouses on his own without the written and oral permission of the parents or guardians.

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

A prenuptial agreement may be valid throughout the duration of the marriage,

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

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

Conditions that cannot be included in a prenuptial agreement:

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

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

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

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

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

The law also establishes other requirements, the observance of which is mandatory when concluding a marriage contract.

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

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

In the marriage contract, the spouses have the right:

Establish methods of participation in the income of each of the parties.
Establish a regime of shared, separate and joint ownership of all common property, part of it, or the property of each of the spouses.
Determine the shares of each spouse in their property.
Determine the property that will be given to each of the spouses upon dissolution of the marriage.
To establish the procedure for incurring family expenses in relation to each spouse, as well as any other provisions that relate to the property interests of the parties, do not infringe on the rights of each other and do not contradict the law.

Invalidity of the marriage contract

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

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

The content of the transaction is legal.
The participants in the transaction are legally capable in relation to the completion of this transaction.
The will of the participants corresponds to their actual will.
In the cases provided for by law, the established form of the transaction is observed.

All of the above conditions for the validity of transactions are applicable to the marriage contract. And if at least one of these conditions is not met, then the transaction will be declared illegal.

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

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

1) The marriage contract was concluded with a person who does not realize the significance of his own actions or cannot manage them. Even if this person is recognized as capable. For example, one of the spouses at the time of signing the contract was sick, was in a state of intoxication, or experienced a nervous shock.

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

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

Fraud in this case will be deliberate misrepresentation in order to conclude a marriage contract. It can be any active actions or inaction. In the first case, there is a message of false information, and in the second case, silence about the facts that may affect the procedure for concluding a marriage contract.

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

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

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

In this case, the marriage contract may be declared invalid by a court decision as a result of the suit of the trustee.

According to paragraph 2 of Art. 44 of the Family Code provides for a special ground for recognizing a marriage contract in whole or in part invalid at the claim of one of the spouses if the terms of the contract put this spouse in an extremely unfavorable position (including property).

Our visitors often ask questions about the pros and cons of a prenuptial agreement, how to conclude it, and in what cases a prenuptial agreement is invalidated. Sooner or later, persons entering into marriage or already in it, think about which of the spouses what property belongs and will belong in the event of a divorce. As a general rule, in accordance with paragraph 1 of Article 34 of the Family Code of the Russian Federation, property acquired by spouses during marriage is their joint property. However, this regime of property of the spouses can be changed by concluding a marriage agreement (contract).

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What is a prenuptial agreement (contract)

According to Article 40 of the RF IC, a marriage contract is an agreement of persons entering into marriage, or an agreement of spouses that determines their property rights and obligations in marriage and (or) in the event of its dissolution. This, in fact, is the essence of the contract.

A marriage contract can be concluded in the period from the moment of filing an application for registration of marriage until its dissolution in the registry office or a court decision on the dissolution of marriage. In this case, the contract concluded before the state registration of marriage shall enter into force from the moment of such registration.

Every year in Russia there is an increasing number of marriage contracts. At present, their number has reached 50 thousand per year. And although now such contracts are concluded not only by very wealthy citizens, but also by representatives of the middle class, while the parties to the contract most often become spouses who are already in the process of dissolution of marriage. The conclusion of a marriage contract allows you to avoid lengthy litigation and significant costs for qualified lawyers.

The procedure for concluding a marriage contract

It must be borne in mind that the marriage contract is concluded in writing and must be notarized. Only in this case it has legal force.

What conditions can be included in a marriage contract

Since the conclusion of a marriage contract is aimed at changing the legal regime of property of the spouses, it is first necessary to determine which regimes can be used instead. In accordance with paragraph 1 of article 42 of the RF IC, the marriage contract may establish the following regimes of property of the spouses.

· Joint ownership regime: the property is in the possession, use and disposal of the spouses without determining the shares. The disposal of such property is carried out by the consent of both spouses, regardless of to whom it is registered and, accordingly, who makes this or that transaction in relation to this property. Since this regime applies to property acquired during marriage by default, the marriage contract may provide, for example, that this regime applies only to part of the property. Another way to use this regime in a marriage contract is to extend it to property that, by law, is the personal property of each of the spouses. This applies in particular to premarital property. As a general rule, the latter belongs to the spouse to whom it belonged before marriage. In the event of a division of jointly owned property, the shares of each of the spouses will be allocated. Note that, by virtue of the norms of the RF IC, the shares are assumed to be equal, unless otherwise established by the agreement between the spouses.

· Fractional ownership regime: when a specific share in the ownership of property is determined for each spouse. The possession and use of such property is carried out by agreement of both spouses. However, each spouse has the right, at his own discretion, to sell, donate, bequeath, pledge his share or dispose of it in any other way, subject to the rule on the preemptive right to purchase a share by the second spouse when it is sold to third parties. This regime allows you to take into account the contribution of each spouse to the acquisition of specific property. Depending on such a contribution, shares in the ownership of the property can also be determined. It is very important to specify in the marriage contract what kind of property of the spouses is subject to the regime of shared ownership and what criterion serves to determine the share of each of the spouses. Under this regime, no allocation of shares is required in the event of the division of property of the spouses.

· Separate ownership regime A: The property is the personal property of one of the spouses. The possession, use and disposal of such property is carried out by the owner spouse at his discretion, without taking into account the opinion of the other spouse. This regime can be extended to all the property of the spouses, to its individual types (for example, real estate, securities) or to specific property. Most often, separate ownership is established in relation to the registered property, namely: real estate, vehicles. Accordingly, the owner of a particular property is the spouse in whose name it is registered. But nothing prevents the provision of separate property, for example, for bank deposits, securities or luxury goods. Please note that this regime is beneficial for spouses, one of whom has children from a previous marriage, since in the event of the death of a parent spouse, his children will not be able to claim the property of the second spouse.

The above regimes of a marriage contract can be applied both to existing property and to property that will be acquired in the future.

We also note that in the marriage contract it is possible to use one of the modes or their combination.

Property that is not provided for in the contract will be considered the joint property of the spouses.

In addition to determining the ownership regime in relation to existing or future property, as well as the composition of the property transferred to each of the spouses in the event of divorce, the following provisions can be included in the marriage contract:

· On the rights and obligations of mutual content. The size of the maintenance of the spouse is determined at their discretion.

· About ways to participate in each other's income. At the same time, income is understood as wages, dividends from securities, income from the lease of property and other income related to the participation of property in civil circulation, income in kind, for example, crops, as well as any other income received legally. Under the terms of the marriage contract, the income of one of the spouses can be distributed in a certain way, for example, 30% is the personal property of the spouse who received it, and the remaining 70% is transferred to the second spouse for targeted spending on family needs.

· On the procedure for each of the spouses to bear family expenses. We can talk about any family expenses: paying utility bills and property taxes, purchasing food, paying for medical treatment, education, etc.

· Other provisions concerning the property relations of the spouses. For example, the conditions for the spouse to use a dwelling owned by the second spouse.

What conditions cannot be included in a marriage contract

According to paragraph 3 of article 42 of the RF IC, a marriage contract cannot limit 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.

Given the popular questions regarding the terms of the marriage contract, it should be clarified that, based on the above, clauses on marital fidelity and domestic duties cannot be included in the contract, for example, that the husband undertakes to take out the garbage, and the wife to prepare breakfast, lunch and dinner every day. It is also impossible to establish a reward for the birth of a child. However, by virtue of clause 2, article 4 2 of the RF IC, the rights and obligations provided for by the marriage contract may be limited to certain periods or be made dependent on the occurrence or non-occurrence of certain conditions. Thus, it is possible to prescribe, for example, that in the event of the birth of a child, the regime of separate property of the spouses changes to the regime of joint property.

The marriage contract cannot regulate the issue of residence of children in the event of a divorce of the parents. The rights and obligations of parents in relation to children can only be prescribed in an agreement on children.

It should also be noted that under the terms of the marriage contract, all the property of the spouses cannot become the sole property of one of them. In this case, we will just talk about the extremely disadvantageous position of the second spouse. Since such a contract is a civil law transaction, such a circumstance will be the basis for recognizing the marriage contract as invalid.

Is it possible to change or terminate the marriage contract

At any time, until the marriage is dissolved, the spouses have the right to enter into an agreement to change or terminate the contract.

If the spouses want to change the text of the marriage contract or terminate it, such an agreement must also be concluded in writing and certified by a notary.

The validity of the marriage contract is automatically terminated from the moment of termination of the marriage, with the exception of those provisions that are provided for in the event of its termination.

What else do you need to know

Marriage contract and civil marriage

Often the question arises about the possibility of concluding a marriage contract between common-law spouses. Note that in the legislation there is no such thing as "civil marriage". In accordance with paragraph 1 of Art. 10 of the IC of the Russian Federation, marriage is concluded in the registry office. According to paragraph 2 of this article, the rights and obligations of spouses arise from the date of state registration of marriage in the registry office. Thus, according to Russian law, only official marriage is recognized. Since the marriage contract is concluded between spouses or persons who have submitted an application for marriage registration, which is expressly stated in Art. 40 of the RF IC, the conclusion of such an agreement between common-law spouses is impossible. To change their property relations, such spouses may conclude any other civil law contract: purchase and sale, exchange, donation, etc.

Marriage contract and agreement on the division of property

The RF IC provides for another way to change the property relations of spouses - an agreement on the division of property. What is the difference? Firstly, a division agreement can only be concluded between spouses, while a prenuptial agreement can be concluded even before the official registration of the marriage. Secondly, the subject of the division agreement is exclusively the property already acquired by the spouses, and the subject of the marriage contract is also the property acquired in the future. Thirdly, clauses on the property obligations of the parties cannot be included in the partition agreement.

Invalidity of the marriage contract

A marriage contract may be recognized by the court as invalid in whole or in part on the grounds provided for by the Civil Code of the Russian Federation for the invalidity of transactions.

If you have any additional questions related to the execution of a marriage contract, you can ask our lawyers using the website.

Thank you

A marriage contract is a notarized document that sets out the conditions relating to the property interests of the spouses, including in the event of a possible divorce. The conclusion of such an agreement is regulated by law, namely, the Family Code (SC) of the Russian Federation, articles 40 and 41.

The prenuptial agreement performs the following functions:

documents the rights to the property of the spouses received before the wedding;
determines the rights to objects of property that will be acquired during cohabitation;
distributes the income received by the spouses into personal and common;
fixes the procedure for the division of property objects and obligations for alimony in the event of a possible official break in relations.

The procedure for concluding a marriage contract

This document must be in writing and certified by a notary. Only in this case it will have the status of an official document. If a marriage agreement is concluded between persons who have not yet entered into official relations, then this document will have legal force only after the marriage is registered (Article 41 of the RF IC).

Brief algorithm of actions

Spouses (or future spouses) draw up a marriage agreement in writing, in which property relations are prescribed in detail. The document must be in 3 copies: one for each of the parties and the third for storage in a notary archive.
The spouses collect a package of documents, you can read more about this in the article below.
A marriage contract is concluded and certified by a public or private notary (Article 41 of the RF IC).
Notary actions:
1. checks the civil passports of the spouses and other submitted documents;
2. visually determines the capacity of citizens;
3. checks the text of the contract for compliance with current legislation;
4. the notary has the right not only to certify the existing agreement, but also, if necessary, to help in its preparation. This service is subject to additional payment;
5. certifies the marriage agreement and makes an entry about it in a special register.
The spouses pay for the services received and receive copies of the document certified by a notary in their hands.

Conditions for concluding a marriage contract and its termination

A marriage agreement can be drawn up both before marriage and after its registration. The entry into force of the contract is possible only if there are officially concluded marital relations. Registration of a marriage contract between persons in a civil marriage is impossible (Article 21 of the RF IC).

The marriage contract is considered terminated if:

the spouses officially divorced;
one of the spouses has died;
one of the spouses is officially recognized as legally incompetent;
with mutual consent and certification of the fact of termination of the agreement by a notary.

Registration fees and required documents

In order for the marriage contract to become legally valid, when visiting a notary, you must submit the following documents:

direct contract in 3 copies;
civil passports of citizens drawing up the contract;
marriage certificate, if it has already been issued;
documents confirming that the parties have property objects that are the subject of the contract. This can be real estate, vehicles, bank accounts, stocks, etc. It is worth noting that this only applies to property acquired during marriage, therefore, it only applies to persons who wish to draw up a marriage agreement while already married. The property that the spouses had before the wedding, according to the law, is their personal property and is not subject to division.

The service of certification of a marriage contract by a notary is paid, the cost consists of 2 components:

notary services - 500 rubles, according to Art. 333.24, clause 10 of the Tax Code (TC) of the Russian Federation;
services for drafting a marriage contract or making adjustments to an existing one. Prices for this service vary in a very wide range, from 3,000 to 20,000 rubles. The cost depends on the tariffs of a particular notary (lawyer) and the complexity of the document being drawn up.

How to conclude a marriage contract - the lawyer will tell:

Conclusion of a contract during marriage

You can draw up a marriage agreement not only as a bride and groom, but also after several years of living together. Most often, such a decision arises between spouses when the financial situation of the family has changed or when disagreements have arisen regarding jointly acquired property. The contract becomes valid immediately after its signing or at another time indicated in the document.

it's spelled wrong
the marriage was dissolved in the registry office or in court
one of the spouses demands that the contract be declared invalid because it puts the party in an unfavorable position.

The subject of the marriage contract of the spouses is the property objects already acquired during the marriage and the property that will be received in the future during the marriage. In this case, the spouses can determine in the document the ownership of each of the property objects:

by law, i.e. the property will be joint property;
determine the contractual regime of property ownership, i.e., choose a different order of ownership. For example, spouses can divide between themselves both property objects and existing debt obligations.

From the foregoing, we can conclude that the conclusion of a marriage contract is a convenient option for regulating property relations in marriage.

All questions of interest can be asked in the comments to the article.