The prenuptial agreement is all about. Marriage contract in Russian legislation. Marriage contract - pros and cons

prenuptial agreement templatemay be useful to people who are going to get married in the near future or are preparing for this event in advance. The contract regulates many of the nuances of the relationship of the spouses, and also helps them determine the possible grounds for divorce.

How to draw up a marriage contract (content)? Is it possible to include a condition on separate ownership in it?

A marriage contract is an important document that helps to formalize an agreement between spouses without errors. RF IC determines that the subject of the contract may be:

• the rights of spouses;
• duties of wife and husband;
• terms of divorce.

Sample marriage contract can be very useful to citizens who want to correctly fill in the main clauses of the contract and spend a minimum amount of time on this procedure, although you can only adhere to the general requirements for its content.

Property issues

The Family Code of the Russian Federation says that spouses have the right to change or establish in an agreement the regime of joint, shared or separate ownership of all property. A similar regime may be established in relation to individual property objects or things of each of the spouses. Thus, the effect of the contract extends not only to things, property rights and debts that the spouses will acquire after its conclusion, but also to existing ones.

Decree of the Plenum of the Supreme Court of the Russian Federation dated November 5, 1998 No. 15 indicates that the court, when resolving issues on the division of property, is guided by the rules that are provided for in the marriage contract, including when the regime of joint property of the spouses is changed to another.

The following property regimes may be established in the marriage contract:

• joint property;
• shared ownership (both in equal and unequal shares);
• separate property.

A marriage contract on separate property - a sample can be found on our website - means that the owner of the property acquired during the marriage is considered to be the spouse on whom this property is registered. If we are talking about property, the ownership of which is not registered, then its owner is the spouse who paid for its purchase.

With regard to contractual terms, the rule of the RF IC applies, which prohibits the inclusion in the agreement of conditions that create unfavorable circumstances for spouses. An example of an unfavorable circumstance is the case when the spouse is deprived of the right to all property acquired during the marriage.

Rights and obligations

The wife and husband can fix their property rights and obligations in a written agreement. They also have the right to describe the possibility and forms of participation in the general income and stipulate the procedure for incurring expenses. An important point of the marriage contract is the issue of property that is transferred to the parties in the event of a divorce.

The law allows spouses to establish specific terms that will limit their rights and obligations and provide for specific conditions on the occurrence of which these rights and obligations will depend.

The form of the marriage contract and the list of issues that may be the subject of agreement

Contract type

The marriage contract is drawn up by the parties in writing and requires, according to the RF IC, mandatory notarization. In the process of certification, the person authorized for these actions explains to the parties to the agreement the meaning, meaning and legal consequences of the agreement concluded between them.

As a rule, the contract is drawn up in 3 copies: 2 of them remain with the legal spouses acting as parties to the transaction, and the third is kept by a notary.

Don't know your rights?

Requirements for the text of the contract

First of all, a written prenuptial agreement should not contain conditions that are prohibited by Russian law.

The essence of the contract must be fixed clearly and precisely. It is not allowed to have vague expressions that can be ambiguously interpreted by the parties.

Amounts and terms must have both digital and letter designation. Full names, addresses and names of state bodies must be recorded in full, without abbreviations.

The contract must be signed by each of the spouses. If one of the spouses cannot personally endorse the contract (due to physical disabilities, illness, or for any other reason), then his legal representative can sign for it. At the same time, if the signature is put by the spouse not personally, but through a representative, the notary must attest to such a signature and indicate the reason why the party could not sign with his own hand.

What is included in a contract between spouses?

The general list of issues considered by the marriage contract is not strictly regulated in the law. The RF IC allows the parties to freely choose the terms of the contract that do not violate the basic norms of Russian law.

A model marriage contract contains clauses relating to:

1. The name of the agreement.
2. Places of conclusion of the agreement.
3. Dates of drawing up and date of signing of the contract.
4. Name of the spouses.
5. Dates and places of birth of husband and wife.
6. Details of spouses' passports.
7. Places of residence of the spouses.
8. Marriage certificate details.
9. The name of the state body that issued the certificate.
10. Date of issue of the certificate.
11. Numbers of the marriage registration record.
12. Features of the legal regime of property, including cash deposits, securities, jewelry, art and antiques, luxury items, wedding and other gifts, real estate, vehicles.
13. The list of objects of property included in the joint property of the spouses.
14. The list of property objects that are not recognized as joint property.
15. The order of mutual content.
16. Cost conditions. Such expenses include pocket expenses, utility bills and child education, car maintenance, as well as vacation and travel expenses.
17. Responsibility of the parties for obligations.
18. The procedure for amending the agreement.
19. Terms of termination of the marriage contract.
20. The date of entry into force of the agreement between the spouses.
21. The validity period of the document.
22. The number of copies of the contract.
23. Signatures of the parties to the agreement.

What should be excluded from the marriage contract?

At the same time, the legislator also establishes a ban on the inclusion in the marriage contract of certain issues related to:

• with limited legal capacity of spouses;
• establishing rules for personal non-property relations;
• limiting the legal capacity of the parties to the contract;
• limitation of the rights to judicial protection;
• establishing rules of conduct in relation to children (although the parties often want to fix with whom the child will live after the divorce, this issue cannot be stipulated by them in the contract);
• restriction of the spouse's rights to receive maintenance (this rule applies to disabled and needy parties);
• other conditions that are contrary to family law, which may put one of the parties to the agreement in an unfavorable position.

Conclusion, amendment and termination of the contract between spouses

Conclusion of a contract

A marriage agreement between spouses can be concluded both before the moment of official marriage, and after the registration of marriage (in this case, the conclusion of a marriage contract can occur at any time during the joint life of the spouses).

The validity of a contract drawn up in the proper form, which has been certified by a notary, begins either from the moment the marriage is registered, or immediately if the marriage has already been registered earlier.

An agreement concluded by parties who are already in a marriage relationship acquires legal force after its signing or at the time specified in the agreement.

Change and termination of the contract

The marriage agreement can be changed or terminated by the spouses. These actions can be taken by the parties at any time during the validity of the contract. In order to amend or terminate a contract, the spouses must draw up an agreement to amend or terminate the contract. The form of the agreement corresponds to the form of the marriage contract.

At the same time, the law does not give spouses the opportunity to refuse to comply with the terms of the agreement unilaterally. The date of termination of the contract, if it was valid throughout the marriage, is considered the moment of dissolution of the marriage union.

In some cases, amendments or termination of the agreement may be carried out not by the will of the parties, but by a court decision. Moreover, the court may invalidate the contract either in whole or in part. Such a marriage agreement is considered invalid if it creates unfavorable conditions for one of the spouses or was concluded in violation of the norms of civil law.

So, both citizens preparing for marriage and those already legally married have the right to draw up a marriage contract. This document, concluded by the spouses for the period of marriage, is intended to regulate the basic property relations between husband and wife.

Recently, the thought of additional insurance in case of divorce makes many people getting married think twice. And this is quite logical, since love is fleeting, but the material side of the issue often leads to additional problems and troubles. A standard prenuptial agreement will help you protect yourself from further litigation and the division of family assets. It can only be concluded by mutual agreement. We will try to tell you more about this universal document today.

What is a prenuptial agreement?

Increasingly, you can hear that the spouses have entered into a prenuptial agreement. What is it for? What does it represent? And is it worth thinking about divorce during marriage?

A marriage contract is a specific document signed by both spouses. In it, they describe their rights and obligations in marriage and during the commencement of divorce proceedings. In particular, this document states, for example, that in the event of a divorce, the spouse will receive a car, and her husband will receive a capital garage.

In a word, a prenuptial agreement can be concluded for a voluntary property division after a divorce. Therefore, if you are afraid that when parting with your other half, you will not get anything from the property acquired by overwork in marriage, you should take care of this in advance and sign this document on time.

At the legislative level, it is regulated by articles 40 and 42 in the notorious Family Code of Russia.

A bit from the history of the origin of the document

The first prototype of the marriage contract first appeared in ancient Rome. At the same time, this document could control exclusively the property relations of the spouses and was equated with standard civil law transactions. Like the modern version of the agreement, the Roman prototype did not affect the personal relationships and spiritual values ​​of both spouses.

What issues can be regulated?

A marriage contract may be concluded solely to regulate the property issues of the spouses after the dissolution of their marriage. However, this document cannot regulate the relationship of spouses of a personal nature that is not related to finances and joint family assets. For example, an agreement cannot control adultery on both sides or specify how often the wife is required to clean the apartment and cook.

But it has the right to indicate when and for what purposes the fair sex can spend money from the sale of common property some time after the divorce proceedings. To make it clearer why a marriage contract is concluded, we will give a few specific examples. So, what kind of property relations can be mentioned in the contract?

Examples of property relations specified in the contract

Suppose the spouses entered into a marriage contract. What rights does this agreement give them? Let's start with the fact that this document offers several options for further division of property. So, a divorced married couple has the right to choose one of the following options:

• Divide the values.
• Continue sharing.
• Distribute them in proportion (for example, two cars go to the husband, and one to the wife).

Further, the prenuptial agreement concluded between the spouses may describe options for the division of existing property, as well as what will appear in the future. In this case, the agreement is made during the wedding ceremony. Here it is realistic to indicate whether the family budget will be common or both spouses will be able to use the earned funds independently of each other. Or you can mention amounts for general and personal use.

Moreover, the prenuptial agreement may be concluded with a description of the amount of alimony that the spouse is obliged to pay for the maintenance of his children or his ex-wife. Especially this item is loved by the wives of public figures. On the basis of such an agreement, wealthy husbands undertake to pay a fairly round amount for the maintenance of their ex-wife.

What do celebrities think about prenuptial agreements?

Not a single celebrity thinks about the question: “Should I enter into a prenuptial agreement or not?” After all, it is this document that allows everyone to remain at their own pace and not spend money on lengthy divorce proceedings.

For example, this is exactly what happened to one wealthy family couple. The couple broke up after thirty years of marriage. At the same time, the wealthy spouse suggested that the former lover voluntarily sign a waiver of claims to property. However, the enterprising wife refused. A lengthy legal process began. At present, the ex-wife of the oligarch has already managed to sue her missus for several land plots in the Moscow region and about 380 million rubles.

There are also many cases when, after the divorce of celebrities, one of them continues to earn, and the second partly lives due to this. And, of course, it was the marriage contract that for a long time was an excellent tool in the hands of selfish and prudent women, "black widows" and other marriage swindlers. How and where to conclude a marriage contract, we will tell below.

What should not be in a contract?

Such an agreement cannot contain clauses that violate the rights of one of the parties. For example, it is impossible to indicate in the agreement that after a divorce, the spouse cannot seek help from representatives of Themis or completely renounce their property in favor of the other party.

Therefore, you should not even think about whether to conclude a prenuptial agreement or let everything take its course. This document will be excellent guarantees for you to receive a certain material wealth and, possibly, save you from litigation. So, there are cases when, after a divorce, famous Hollywood dads completely abandoned property in favor of their children.

How it is concluded: rules for registration and signing

As we have already said, a prenuptial agreement is a special agreement between spouses. It is regulated by law and comes into force from the moment of its signing. According to the general rules for such documents, an agreement of this type must be described on paper.

It is this written form that has legal force and can be appealed in court. The contract, like any important document, is concluded in several copies, sealed with signatures and notarized. Without this signature and seal, the contract will not have any legal force. Therefore, even with the signatures of both spouses, it will be invalid. But is it possible to conclude a prenuptial agreement before marriage?

When to enter into an agreement: before or during the marriage

There are several options when a legal marriage agreement is allowed. For example, a prenuptial agreement can be concluded before the marriage is registered. This document is discussed, agreed and signed before both parties declare themselves legal spouses.

However, unlike other similar agreements, such an agreement will enter into force only after the official registration of the relationship of the spouses. If this does not happen, the marriage contract concluded before the registration of the marriage will be invalid.

The second option for drawing up a contract is to simultaneously sign a contract and a marriage certificate. In this case, the document also enters into force from the moment of marriage. In the future, it may be extended or supplemented.

And finally, a prenuptial agreement can be concluded in a relationship. When both spouses have lived together for a certain time, it is time to think things over and conclude a marriage agreement. This may be a document already prepared earlier or drawn up from scratch without dates and signatures.

How to conclude a prenuptial agreement before marriage?

When concluding a marriage contract before official registration with the registry office, the property that will be acquired in the future usually becomes the subject of the agreement. This includes, for example, real estate, land, vehicles, large and small household appliances, furniture sets, percentage of shares in a business, etc.

Such a marriage contract is drawn up, concluded before registration in the registry office, in a notary's office or with a private legal entity. To conclude it, it is necessary not only to correctly compose the text of the document, but also to personally attend both interested parties.

How difficult is it to get a contract when you're married?

As we mentioned earlier, it is possible to conclude a marriage contract in marriage. According to the law, it is quite possible to conclude such a contract at any time in family life. At the same time, spouses who have already taken place have certain property values ​​​​that they managed to acquire while being married. Therefore, the contract must contain all the items relating to the list of common property. Moreover, according to experts, in this case, personal and common property should also be described. And, of course, in this agreement it is necessary to make notes regarding future acquisitions.

Recall that all property acquired by spouses during marriage is common. The only exceptions are individual gifts, individual purchases with the money of the next of kin, objects and items of inheritance, as well as intellectual property.

Is it possible to conclude a contract after a divorce?

According to the letter of the law, it is possible to conclude a marriage agreement before official registration or already being married. After the dissolution of the family union, the conclusion of a marriage contract is impossible. However, both spouses can issue another document related to the division of joint property.

In what form can a contract be concluded?

Since the marriage contract is an official document, it cannot be drawn up in an arbitrary or free form. There is a certain order of its compilation. Of course, this does not mean that both parties cannot make their own plan for this document and write approximate points for this. On the contrary, it is not forbidden to do so. Subsequently, the spouses, as a rule, come with this plan to a lawyer. And he, in turn, helps to formalize all these requirements competently and in accordance with the law. In this situation, it should be understood that although there is an approximate form for drawing up such an agreement, each agreement is purely individual.

Is it possible to draw up a contract by proxy?

According to the current legislation, the marriage contract must be signed and executed in the personal presence of both parties. At the same time, the law does not prohibit the action of one of the parties through an official representative.

Another thing is that a third party must have a notarized power of attorney of the person whose interests it represents. Moreover, this option is acceptable for wealthy and too busy people. However, in this case, the contract is submitted for consideration by each of the parties separately. In this case, all other actions are performed through a representative. The only exception is the sighting of the document by each of the spouses personally.

What documents may be needed?

To draw up a marriage contract, both parties to the transaction must have the following documents with them:

• Internal civil passports (originals).
• Certificate of marriage (if any).
• Original documents proving ownership, such as real estate.
• Documentation confirming the fact of ownership or share in the business, for example, in the authorized capital of the enterprise.
• Documents evidencing an open and active bank account.

In addition to the standard package of documents, the parties to the transaction can offer their own draft agreement. Handwritten or printed presentation is allowed. At the same time, the further text of the agreement can be repeatedly changed and adjusted. The agreement itself is concluded in a double, less often triple copy. As a rule, each party receives its own original.

Somewhat less often, the third copy goes to the notary. But most often the case is limited to two copies, and information about the conclusion of the agreement is entered by the notary in a special ledger. Moreover, this transaction is assigned its own serial number, by which, if necessary, you can find information about this record.

What clauses are included in the contract?

A marriage contract usually consists of several parts. So, the first part contains the following information:

• Brief information about the document itself (title, information about the place of its compilation and personal data of both parties).
• Serial number and date of compilation.

The second part of this document describes the main purpose of its compilation. For example, it can be an amicable settlement of property disputes in the event of separation of the spouses.

The third part, which is the main one, describes the points according to which the common property will be divided. It also indicates family income and expenses, the rights and obligations of the parties, as well as the procedure for possible material support by one interested party. In this part, we are talking about the payment of alimony and maintenance, for example, spouses after a divorce. It is noteworthy that any document needs specifics. Therefore, all the necessary amounts, shares or percentages are prescribed in the marriage contract.

Then comes the final part, which can talk about the types of punishment in case of violation of the terms of the contract by one of the parties. And finally, at the end, each of the participants puts his signature. The notary signs the contract last. Such agreement shall be deemed valid and up to date.

Useful information about the marriage contract

According to lawyers, the conclusion of a prenuptial agreement helps spouses solve the problem of division. In particular, they will need this document when none of the parties wants to share valuable things, objects and assets in half.

Moreover, this document is a priority for representatives of Themis. And only after considering all the points of this agreement, the judge can begin to solve the problem on the basis of the Family Code.

There are cases when, after a divorce, several scenarios are possible for further division. If, for example, the spouse is satisfied with only one option, it makes sense to draw up a marriage contract and describe this item in detail.

A few examples from life when a treaty will save the day

It happens that only a pre-written marriage contract can prove your rights to the property. For example, when it comes to housing under construction. So, the future spouse could, even before the conclusion of an official marriage, invest personal funds in a construction site or apartment.

Just a year after this event, he marries. That's just the end of the construction of his housing is planned in about three years. In order not to divide this property during a divorce, it is necessary to prove the fact that the money for the construction was personal. Moreover, the transaction itself was concluded before the marriage and therefore cannot relate to common property.

Another great example of a wedding gift. For example, young people are given an apartment. At the same time, 70% of its cost was paid by the wife's parents, and 30% - by the husband. After the divorce, the court will divide this object in half. To prevent this from happening, there is a marriage contract. It is in it that it is realistic to prescribe that in the event of a divorce, 2/3 of the property belongs to the wife, and 1/3 to the husband. Then they can amicably sell this property and share the money or continue to use it jointly. These nuances should also be specified in the contract.

Russian law provides that everything that spouses earn during marriage is in their joint property. It means that one spouse is responsible for the debts of the other that in order to sell, say, an apartment or a car, the consent of the other spouse is required. However, I hasten to note that this mode is not convenient for every family!

In this article, I will examine in detail the issues of a prenuptial agreement: what it is, what laws regulate it, how and when to draw up, amend and terminate a contract, why it is necessary, what clauses to include in the agreement, and I will also write a number of practical tips that will help you avoid mistakes in the future.

○ Part 1. Marriage contract (general information).

So what is a prenuptial agreement? In short, this is an agreement entered into by the spouses during or before the registration of marriage and regulating the property relations between husband and wife, as well as (possibly, but not necessarily) the obligations of the spouses in marriage and .

✔ Marriage contract in the Family Code

The possibility of concluding a marriage contract first appeared with the adoption of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) in 1994. Art. 256 of the Civil Code of the Russian Federation, for the first time in Soviet and post-Soviet law, provided for the possibility of spouses to establish mutual property rights and obligations themselves.

The Family Code of the Russian Federation, which entered into force on March 1, 1996, specified the concept of a marriage contract (sometimes also called a marriage contract), devoting an entire chapter 8 to it (we recommend that you read it), in which it was deciphered in detail how a marriage contract is concluded, what exactly it may contain , in what terms it is valid, as well as many other issues that allow citizens to independently conclude or terminate such contracts.

✔ When can a prenuptial agreement be concluded?

A marriage contract can be concluded both at any time during the marriage and before the registration of the marriage - in relation to the property already available to the future spouses, as well as in relation to what will be acquired by them in the future.

According to the law, such a contract must be certified by a notary, therefore the contract concluded by the spouses in marriage comes into force from the moment the notary puts a certifying mark on it. In the same case, if the future spouses conclude a contract even before the marriage is registered, then, according to Part 1 of Art. 41 of the RF IC, such a contract comes into force after the marriage itself is entered into and registered with the registry office.

✔ Terms and period of validity of the marriage contract

The law also determines the duration of the marriage contract. As a general rule, a contract, whether made before or during marriage, valid for the entire period of marriage until divorce(in the event of the death of one of the spouses, slightly different rules apply regarding inheritance).

However, it should be noted that some provisions of the marriage contract may continue after divorce. This happens if the spouses have provided for these conditions in advance, for example, who will support whom after the divorce and how exactly the property will be divided.

✔ Limitation period for marriage contracts

Like any other contract, a marriage contract can be challenged. The RF IC does not specifically provide grounds for this and a special limitation period, therefore in relation to the marriage contract, the usual norms of civil law should apply.

But, everything is not so simple! Here we involuntarily touch upon a very controversial issue, on which even professional lawyers do not have a common opinion.

There are at least two possible scenarios:

1. Article 44 of the IC of the Russian Federation, which describes the grounds for recognizing a marriage contract as invalid, refers to the Civil Code of the Russian Federation. Therefore, on formal grounds, one could conclude that the marriage contract can be challenged in court within three years from the date of conclusion.

2. Article 9 of the RF IC provides that There is no statute of limitations in cases arising from family relations, unless otherwise provided by law..

As a result, even judicial practice develops in different ways.

Only one piece of advice can be given here: when filing a lawsuit to terminate or invalidate a marriage contract, it is still better to focus on a three-year period - however, the expiration of this period does not mean that everything is lost and the contract is no longer subject to challenge.

✔ Validity of the marriage contract after the divorce

The marriage contract is concluded during or before marriage and is valid for the entire time of family life up to. However, this does not mean that immediately after the divorce, the contract can be forgotten. The fact is that one of the most important reasons why such agreements are generally concluded is precisely the suppression of possible disputes about.

The marriage contract in this case clearly defines in what shares the property of the spouses is divided after a divorce, and, if necessary, what exactly from the property goes to each of the spouses. This is the main function of the document and is very useful when family members own not only money, but also expensive property (apartments, cars, jewelry, antiques, etc.), as well as various kinds of business rights.

Eg:
The husband-businessman can stipulate in the contract that his wife has nothing to do with shares or shares in the authorized capital - or, on the contrary, leave some specific enterprise to her.

However, due to the principle of equality of spouses in marriage, enshrined in law, a rich wife has similar rights in relation to her husband.

✔ When to conclude a contract: before marriage or during marriage?

If the contract is concluded before the registration of marriage, then in it can only provide for the ownership of the property that (presumably) will T acquired in the future during a joint life.

Usually this is real estate (apartments, houses, land), movable property (cars, other vehicles, business, etc.).

No one bothers, of course, even before marriage, to transfer something to the future husband or wife - however, these relations will be regulated by other types of contracts: those provided for by civil law. It is not recommended to include this transfer in the marriage contract..

The fact is that a marriage contract comes into force only from the moment the marriage is registered, but, for example, a contract of donation or sale of any real estate - only from the moment the transaction is registered with the relevant state body. Confusion can arise - and it is easier to avoid it in advance.

A marriage contract may be concluded at any time after the conclusion of the marriage. In this case, the spouses will have to describe in detail in it who exactly owns the existing property, so that there are no disputes in the future.

However, the law does not prohibit leaving part of the property in joint ownership - however, even here it is necessary to clearly describe what exactly belongs to each by adding a clause to the contract with approximately the following wording: “For property not specified in this contract, the rules provided for by the current legislation."

The contract concluded during the marriage describes in detail which of the spouses already owns, as well as how income is distributed.

By law, almost everything that is acquired by the spouses is their joint property (with minor exceptions, such as clothes, shoes, gifts, intellectual property, etc.) - but at the same time, both spouses are responsible for the debts of one of the spouses at once.

If one of the couple is an entrepreneur, then the legal regime of property can lead to the fact that after an unsuccessful transaction, the whole family will be in poverty. This is where the marriage contract is extremely useful: by dividing the property in advance, the spouses at least guarantee themselves that in the event of ruin, the unsuccessful entrepreneur risks only his share in the property, without affecting the interests of the wife (or husband).

✔ What are the types of marriage contracts?

There are two main types of marriage contracts:

1) An agreement under which all property is in their common joint ownership.

Such an agreement is convenient for couples who do not want to argue over who and what was donated, who is responsible for what obligations - and both spouses hope that there will be no divorce and division of property. In this case, the family acts, in fact, as a single entity in property relations with third parties.

2) An agreement under which the rights to own property are separate.

This option protects the second spouse from the debts of the first, the procedure for the possible division of property is clear and transparent. The disadvantages of this type of marriage contracts include only the possible property inequality of spouses- however, if they voluntarily agree to this option, this is their purely family matter, not concerning any of the outsiders.

○ Part 2. Pros and cons of a prenuptial agreement.

A marriage contract in Russia is far from a new thing, but over the past years it has not become a mass phenomenon. Let's try to briefly formulate what exactly it gives the spouses, what are its positive and negative sides.

✔ Benefits of marriage contract:

• There are no disputes in the division of property. Everyone who happened to get a divorce or watch the divorce of relatives or friends will confirm: very often, after the dissolution of a marriage, disputes begin, and the more was acquired in the marriage, the more bitterness between the former spouses. Very often, unable to agree, they are forced to go to court with a claim for the division of property. (our ). A marriage contract, in which such questions will be written in advance, will save a lot of time and nerves.
• You can determine which of the spouses is responsible for which debts. This is especially true for entrepreneurs, but it is also very useful for ordinary citizens.
• If expensive property was given to someone before or during marriage, it is possible to determine in advance to whom and under what conditions it belongs.

✔ Cons of a marriage contract

• The marriage contract is always must be certified by a notary, all changes and additions to it - too. Going to a notary takes both time and money.
• If the law changes, spouses will have to edit the contract, bringing it into line with the new laws, otherwise the contract could easily be invalid. These are additional costs for lawyers.
• Marriage contract demands clear legal language from spouses, otherwise it will itself become a cause for controversy in the future.
• marriage contract regulates only property relations. All other conditions (for example, with whom the children will remain in the event of a divorce, which of the spouses is obliged to do what around the house) are invalid from the point of view of the law.
• Psychologically, the marriage contract is largely sets up spouses for a future divorce and destroys family trust.

Video

A video in the "General Interest" program about the advantages and disadvantages of marriage contracts.

○ Part 3. What is desirable to include in the content of the prenuptial agreement?

Having figured out what a marriage contract is, we will explain what points the document should contain so that there are no claims in the future.

1 point: determination of ownership of property, joint property.

When drafting a prenuptial agreement, you must specify What kind of property does it apply to?. In particular, if before marriage each of the spouses owned something, it is necessary to indicate whether this property, as specified in the law, remains the property of one spouse, whether it passes into joint ownership, or a share in it is allocated to the other spouse (this is especially important for real estate objects: apartments, cottages, land plots).

Spouses also have the right to determine who exactly will own what is donated, inherited.

2 point: joint property.

The contract must regulate in detail the ownership of property and funds that are received or can be received during the marriage. In law, all this must be jointly owned by the spouses, but the contract can provide, say, that the income of each of the spouses or the property acquired on them belongs only to him alone.

3 point: Property expenses.

Property issues include the cost of maintaining the property: the cost of repairs, in relation to housing - utility bills. Although this is not directly provided for by law, it can be included in the content of the marriage contract and the regulation of these issues. You can also streamline the household expenses in the contract, for example, indicating that they are made at the expense of one of the spouses - or that both are obliged to participate in them jointly.

4 point: children.

Quite often, when discussing a marriage contract, questions related to children arise. It must be clearly remembered here that marriage contract regulates issues related only to property- and children, of course, they are not. Therefore, it is unacceptable to include clauses in the marriage contract regarding which of the children will remain with which of the parents in the event of a divorce. This part of the contract will be invalid.

5 point: child support.

In the same way, it is impossible to regulate possible child support by a marriage contract. Spouses have the right to conclude, but only separately and after a divorce. It is better to avoid such clauses in the content of the marriage contract.

6 point: debts.

As already mentioned, a prenuptial agreement is an excellent tool for resolving possible debt problems of spouses. It may provide for separate ownership of family property - and in this case, each will be responsible for his debts only with what belongs to him, without affecting the interests of the other spouse.

7 point: mortgage and credit.

And, since we are talking about debts, it is necessary to separately mention the costs of property purchased on credit against security - namely, mortgages. There are two options here:

1. If a marriage contract is concluded before a mortgage is taken, then it is necessary to clearly state who and in what amount makes payments on the loan, and who exactly will own the acquired property. It may eventually turn out to be both the property of one of the spouses (but in this case he alone will bear the costs), and their common property (and here it is necessary to indicate to whom and what share belongs).

2. If the marriage contract is concluded with an already taken mortgage, then here the possibilities of the spouses are limited by the existing contract with the bank. According to the law, the acquired property is common joint property, but the debt can also be collected from both spouses. In order to specify any other conditions in the marriage contract, the spouses you will have to get the consent of the bank and renegotiate the mortgage agreement. As practice shows, banks are extremely reluctant to do this.

✔ What should not be included in a marriage contract.

Well, now let's talk about what should in no case be included in the content of the marriage contract. As already mentioned, it is impossible to indicate with whom the children will remain after the divorce - this is expressly prohibited by Part 3 of Art. 42 RF IC. In addition, it is unacceptable to include in the marriage contract conditions that:

• They restrict the rights of spouses to work, freedom of movement, the right to go to court, etc.
  For example, a contract cannot oblige a wife to give up work or study and force her to do only housework. In the same way, in the event of a divorce, one of the spouses cannot be obliged to leave for another city and no longer appear at their former place of residence.
• Regulate non-property relations.
  Curious agreements under which the wife undertakes to monitor her appearance and regularly visit a beautician, or under which the spouses try to specify how many times a week they are obliged to have sex, have no legal force in this part. It is also impossible to oblige the spouses to be faithful to each other. Sometimes in contracts they try to indicate the amount of compensation for non-pecuniary damage in the form of the amount that the unfaithful spouse must pay, but this item is very controversial.
• Regulate relations with children that are not related to the cost of their maintenance.
  As already mentioned, it is pointless to indicate with whom the children will remain after the divorce, how they will communicate with their parents. The maximum that is possible here is in accordance with Part 1 of Art. 42 of the RF IC, provide for who and in what amount bears the costs of maintaining the child (for example, who pays for kindergarten, paid school, university, etc.).
• Limit the rights of a disabled spouse.
  The RF IC expressly provides that spouses are obliged to financially support each other. So if one of the spouses becomes disabled, he in any case receives the right to alimony from the other spouse - regardless of what is said about this in the marriage contract.
• They put one of the spouses in extremely unequal conditions. More on this will be discussed below.

○ Part 4. Marriage contract and property of spouses.

Consider how specifically a prenuptial agreement can regulate issues related to certain types of property

✔ Marriage contract for an apartment and other real estate.

Describing the rights to real estate in the marriage contract, it should be remembered that it is subject to state registration.

In accordance with Part 2 of Art. 2 of the Federal Law "On State Registration of Rights to Real Estate and Transactions with It" any change in the status of apartments, land plots and other real estate, including in connection with the conclusion of a marriage contract, must be registered with the appropriate authority. Otherwise, such change will have no legal effect.

In addition, it should be noted here that when real estate objects are included in the marriage contract, the spouses will have to present to the notary and documents on the relevant property.

The marriage contract should also provide for who and in what order has the right to use real estate, who bears the costs of its maintenance.

✔ Marriage contract for a car and movable property

With regard to movable property, there are no restrictions indicated above - although there are some subtleties here. In particular, although registering a car with the traffic police does not affect the property rights to it, it is still better to re-register when the car is transferred under the contract to the ownership of another spouse.

It should also be remembered that most of the movable property has a limited service life, so even if it is described in detail in the contract, by the time these things are divided, these things may no longer be available. Here you can do it in several ways:

• Divide property by type(for example, indicating that computers and consumer electronics belong to one spouse, and furniture, dishwashers or washing machines to another, regardless of their brand, model and time of purchase).
• Each time, acquiring expensive things, because of which a dispute is possible, amend the marriage contract. This is far from the best option, but it is acceptable.
• Determine the ownership of each thing, depending on whose funds it was purchased. This option is acceptable if the marriage contract provides for separate ownership of property.
• Do not indicate specific things, but provide in the contract for a share in the total value of the property of the spouses belonging to each of them. The disadvantage of this method is the need for an independent assessment or the absence of a dispute about the value between the spouses.

Unfortunately, there is no single solution, and spouses, when concluding a marriage contract, should independently choose one of these methods or come up with their own.

✔ Marriage agreement for debts, loans, mortgages.

A prenuptial agreement is an excellent tool for settling possible debt problems. Depending on the regime of property ownership chosen by the spouses, three options can be distinguished:

1. Common joint property Both spouses are equally liable for debts.

2. Shared ownership- each of the spouses is liable for debts only to the extent of the value of their share in the family property, and the amount of debt greater than this share cannot be recovered from the second spouse.

3. Separate property- in this case, each of the spouses is responsible for the debts himself, and the second has nothing to do with them.

However, with regard to those debts that already exist at the time of the conclusion of the marriage contract, it should be remembered: in accordance with Art. 46 of the RF IC on the conclusion, amendment or termination of a marriage contract, the debtor spouse is obliged to notify all his creditors. If he did not do this, then the debts will be collected in the manner prescribed by law - and the content of the marriage contract will no longer be of interest to anyone.

Moreover, creditors, in accordance with Art. 451 of the Civil Code of the Russian Federation and part 2 of Art. 46 RF IC may require through the court to change the conditions or terminate the marriage contract if the circumstances have changed significantly (for example, in the case of separate property of the spouses, the debtor spouse has lost his ability to work and can no longer independently answer under the contract).

Video

Lawyer Yaroslav Mukhin answers the questions of citizens about the marriage contract and the nuances of its preparation.

○ Part 5. How to conclude a prenuptial agreement?

So you've decided to get married. What do you need to know for this?

✔ Conditions for concluding a marriage contract.

1) The age and legal capacity of the parties. A marriage contract (as well as a marriage in general) cannot be concluded if at least one of the parties has not reached 18 years of age (if there are valid reasons and with the consent of local governments - 16 years), or if it is recognized by the court as incompetent.

2) The absence of already registered marriages with other persons from any of the spouses. In the Russian Federation, polygamy and polyandry are not allowed, therefore, in this case, neither marriage nor the marriage contract will have legal force.

3) No close relationship or adoption between the parties. Since the marriage contract is concluded only together with the conclusion of marriage, the same restrictions apply here: the conclusion of marriage or a marriage contract between parents and children, brothers and sisters, etc. is unacceptable. Also, adoptive parents and adopted children cannot be parties.

Legalizing relations, many citizens enter into a marriage contract in order to preserve their acquired property or other benefits. Before officially registering such a deal, future spouses should familiarize themselves with all the nuances of the procedure for issuing a marriage contract, as well as with the rules and requirements for the document.

The content of the marriage contract - what items must be included in it?

The contract between the newlyweds is a document confirming the agreement of the transaction.

Such a contract is regulated by the Family Code of the Russian Federation.

It must include items relating to:

1. Rights and obligations of persons participating in the transaction

Future spouses can prescribe their rights and obligations in the contract.

In the paragraphs, you can indicate who will manage the family income, expenses, as well as enter who has the right to use the property, and other important issues.

Rule examples:

• - "The spouse has the right to spend up to 60% of his earnings on his personal expenses."
• - "The spouse has the right to spend 20% of the total family income on herself."
• - "The spouse provides for all expenses related to travel and leisure trips."
• - “The spouse ensures timely payment of utility bills at home if she has her own personal income.”
• - “In the event of a divorce, the spouse receives 50% of the total property acquired.”
• - “The spouse undertakes to transfer all acquired property to the children in the event of a divorce.”

By the way, the legislation is allowed to provide for the deadlines for fulfilling the prescribed obligations, as well as special conditions on which the rights and obligations of the parties directly depend.

2. Property issues

Future spouses must determine what property each of them will own in different situations.

You can establish a certain regime that establishes the procedure for disposing of property - both private, acquired before marriage, and common, acquired during family life.

This question is important, since even the courts will rely on the rules specified in the marriage contract in the event of a division of property (decree of the Plenum of the Armed Forces of the Russian Federation No. 15 of November 5, 1998).

3. Terms of termination of the contract

It is important to indicate in which cases the contract is considered terminated and invalid.

Of course, this does not include the question of the betrayal of the future spouse. It is enough to indicate that the contract will be terminated in the event of a divorce.

The law does not establish the exact clauses that should be included in the contract. Each transaction is considered individual. Spouses can add any question of interest to the contract.

If we consider the contract from the side of execution, then it must contain the following information:

1. Title of the document.
2. Date and place of the transaction.
3. Full initials of spouses.
4. Place of birth and date of each party.
5. Data of the passports of the Russian Federation of the participants in the transaction.
6. Their place of residence.
7. Information from the marriage certificate. It indicates not only the date and number of the document, but also the authority that issued the certificate.
8. List of property that is included in the common property of the newlyweds.
9. List of objects that do not belong to the common property of the spouses.
10. Rights and obligations of the parties.
11. Liability that arises from the obligations of the parties.
12. The procedure for amending the agreement.
13. Terms of termination of the contract.
14. The validity period of the document. Be sure to indicate the moment when the contract comes into force from a legal point of view.
15. Number of contracts.
16. Signatures of each party.

You can supplement the contract with any other important points.

What can not be included in the marriage contract - issues due to which the registration of the marriage contract will be refused

The marriage contract should not contain provisions relating to issues that infringe on the rights of citizens.

For example, such as:

1. Legal restrictions. Example: A spouse cannot be prohibited from moving around the country or choosing a religion.
2. Rules of personal non-property relations. Example: you cannot forbid a citizen to lead a certain lifestyle, communicate with other people, stop smoking or drinking.
3. Disability limitation. Spouses do not have the right to choose a profession, work, and even a place of residence for each other. This will limit their capacity.
4. Protection of rights through the court. The contract cannot include a clause stating that the rights of one of the spouses can be protected through the courts.
5. Rules for communicating with a child / children in case of divorce and termination of the contract. The order of communication is regulated by the court.
6. Conditions for the provision of financial assistance in case of incapacity of the spouse.
7. Family relationship rules. It is impossible to voice in the contract the issue of marital fidelity, honor, reputation, family secrets, duties of husband and wife, etc.

Remember, the marriage contract should not carry any moral and ethical side.

Spouses' property in a marriage contract - types of spouses' property regimes

There are two modes of ownership - legal and contractual. The first does not concern the marriage contract, and the second is directly related to it.

When concluding a marriage contract, lawyers recommend choosing the mode right away, so that later the spouses do not have questions and disputes about the division of property.

Let's list what modes are, and tell you how they differ from each other

Many recommend making prenuptial mortgage agreement. This will avoid litigation due to a mortgage loan and real estate in a divorce.

And this, by the way, applies not only to housing “taken” in a mortgage, but also to other property. You can even prescribe who will pay - and what part - for the purchased housing.

The procedure for concluding a marriage contract and the terms - who is authorized to draw up and register a marriage contract?

Can draw up a marriage contract notary only. Future spouses should contact a notary's office and ask a lawyer to draw up an agreement.

Document Action will begin only when the notary certifies it.

Signature and stamp of a specialist is required!

Note that such a document can be issued:

1. At the time of marriage.
2. After - during a joint life.

If the contract is drawn up before the marriage, the document will become valid only after the official conclusion of the marriage.

The contract can be issued for a certain period or indefinitely. During its validity, the spouses cannot refuse to fulfill their obligations under this agreement.

It is impossible to formalize a marriage contract when the marriage has been annulled.

That is, divorced citizens must draw up a document again if they want to get back together and marry.

Conditions that terminate the marriage contract - when can it become invalid?

A marriage contract can be terminated in several cases:

1. At the request of one of the parties. The contract can include a clause stating that the document is terminated due to certain conditions. The conditions are to be determined by the spouses. Once the parties agree on termination, they must formalize the agreement with a notary.
2. Due to divorce . If the spouses decide to divorce, then the marriage contract is terminated.
3. By the tribunal's decision. Any spouse can file for termination if he has not received consent to terminate the document.
4. Due to non-fulfillment of obligations prescribed in the contract. When a husband or wife ceases to fulfill their obligations, either of them can terminate the contract voluntarily or judicially.
5. Wrong document format. You can add to this item typical spelling errors or semantic flaws - for example, such as incorrect wording, incorrect dates, false information from the spouses' personal documents.

In this article, I will tell you, man, how not to be left "without pants" in case of a divorce 😀

A fart topic, of course, for many females)).

In order not to be left without "trousers" during marriage, in addition to the main contract, it is necessary to conclude another additional contract => a marriage contract. Otherwise, the main agreement (general rules) operates, which takes into account only the interests of women.

This is logical, because marriage is designed to protect the interests of women, not men. Without a marriage contract = general rules apply in marriage, which act only on the female side.

Simply put, without concluding a marriage contract - in the event of a divorce = there are general rules in marriage that fully protect the female side (all the rights of a woman). Understand? All material advantages without a marriage contract will be on the side of the woman, and not on the man.

Therefore, in order not to be left without "pants" = absolutely always need to lay down an additional contract, MARRIAGE CONTRACT. Absolutely always, there simply cannot be exceptions. Dot.

Because the marriage contract = is additional (to the main one). It is not required.

The main one is required = it is he who is signed by everyone and always, when married.

But the marriage contract = at will. But, not required. Do you understand?

But! As you, now, perhaps, you understand, for you (man) = it is obligatory. There are no exceptions!

For those who don't know...

What is marriage (marriage) / what is a marriage contract = are civil law contracts (WHAT IS A CONTRACT, WHAT IS A CONTRACT), which, after registration (signing), have legal force.

What I mean is that for the vast majority of females = official marriage (stamp in the passport) = this is not a contract))) (although this is true, of.marriage = this is a civil law contract that regulates, among other things, property relations ) = but most of the women do not recognize this, and yes, from the outside it's just unreal scream, but in the end they are women, what to take from them =)

But a prenuptial agreement = for women it is really a contract (the most that neither is a contract) = which is not needed, which does not need to be laid down, to which an extremely negative attitude, etc.

Is it funny? =) Don't you find it? Well, okay, I will not focus on this ...

When a man mentions a marriage contract, most often, manipulations, emotions, snot, etc. begin in the style: don't you love me? Why do we need these agreements?))) No need. Come on without these agreements)), everything should be for love, we don’t need to interfere with money and love, what are you, a redneck, and so on blah blah blah ...

A lot of men paid for their legal illiteracy, do not fall into their number. This is perhaps the most important part of today's article, which you need to digest as our father.

Marriage contract = for a man = obligatory. It is a must to put it on. All. Dot.

Why is a prenuptial agreement necessary?

Because the prenuptial agreement allows to take into account the male interests in the marriage (deal).

You see (look), what a selfish unfair sadness))

The main contract = it fully protects the interests of the female half of humanity. And all women know this very well. But the prenuptial agreement = can allow you to protect men's interests in the transaction.

But, no, in no case, my God, it’s impossible, WHY DON’T YOU LOVE ME? =) what a prenuptial agreement. No))

If your woman wants to get married = without a marriage contract about marriage, there can be no question.

If a woman does not want to lay down an additional marriage contract (in addition to the main one) = this is her right = but in this case, there can be no talk of marriage. All. Dot. IMHO!

Think about it if your woman wants = you to sign a contract (basic) = which fully protects her side (for her there are only advantages), and not a drop of your interests (for you there are only disadvantages), and if you (man) say hey = to and she also signed an agreement that will also take into account your interests (besides her) = then no? No, it's not, but then you don't have to sign anything either. This is true. And so, do you need such a young lady who thinks only about herself and her interests. Think about it.

I want to give an explanation. Important clarification.

The vast majority do not understand what a prenuptial agreement is.

Prenuptial agreement = it does not allow you to throw one of the partners in the transaction. In no case.

Yes, in case you haven't figured it out yet, marriage is a legally binding deal. That's all.

A prenuptial agreement only allows you to take into account the INTERESTS of both MEN and WOMEN (in the transaction).

The marriage contract regulates the property rights and obligations of the spouses. Simply put, the prenuptial agreement is about the division of property and provision for the wife and children during/after marriage. Understand?

This is exactly what allows a man = not to be left without "pants".

Now let's talk about it...

If a man is worthy, strong, highly ranked (there are only a few of them, but still) = he has a lot of things. Businesses, real estate, enterprises, etc. property that he wants to lose in a divorce.

Yes, for those who are not in the know, during a divorce, all jointly acquired property in marriage \u003d is divided 50 by 50. That is, a woman, in fact, only gains a bunch of everything, and a man only loses his hard-earned property.

Here, a prenuptial agreement is needed in order to protect yourself from this.

The marriage contract = states that all property, businesses, apartments, enterprises, etc. = remain with the man. Everything is complete. And they are not half of the ex-wife's property.

That's why a marriage contract is important for a man. That's why we need a prenuptial agreement. That is why it must be laid absolutely always. And there can be absolutely no exception, otherwise there are a lot of risks.

Only legally unsavvy men lay down the main contract (without an additional prenuptial agreement) and then, because of their legal illiteracy, they lose a lot of everything. Draw conclusions..

And as for the second component of the marriage contract - providing for a wife and children during / after marriage, there are advantages for a woman. That is, the marriage contract allows you to take into account not only male interests, but also female ones. Do you understand? That is, it can be concluded that after a divorce, all children up to such and such an age (usually up to 18 years old) are provided by a man, in such and such a monthly equivalent.

That is, a woman will not think where to get money to feed these, for example, 5 backbiters. She will know for sure that grandmothers for all children will be from a man, stable, monthly, in such and such a size, and that everything will be fine for all children and no one will need anything (including women).

This topic is completely foreign to me. I don't know how you can leave your offspring to their fate.

For a worthy man = a prenuptial agreement is important because = it allows you to fully preserve your property, businesses, real estate, enterprises, etc., that's all. (that's what the marriage contract is important for)

And for the provision of children (for a worthy man) = no questions.

Because worthy men and without any legal obligations (without any contracts (agreements)) will provide for their offspring (their children). Understand?

Nevertheless, it needs to be written down, who knows, who is there in front of you, what kind of man.

Maybe there is not a worthy man, but I don’t know, yo-mae, that’s why a prenuptial agreement is important.

It takes into account the interests of both men and women. Do you understand?

It is important for a man to keep all his property (and not to give 50% of his hard-earned money to his ex-wife, for nothing, losing a lot of everything), and for a woman it is important to be sure that all children will not need anything at all, which everything will be fine for everyone, the man will provide.

Another thing is that in our world, there are so many, let's say, dishonest young ladies who are cunning to the extreme, and want to take away as much of a man's property as possible, and therefore they are extremely negative about the marriage contract (which prevents them from realizing it) ... others young ladies, not even knowing what this marriage contract is, but still have a negative attitude towards it, well, in short, women)) I also recommend reading: There is a lot of useful information.

P.s. I’ll immediately answer that I’ve never been married, no one has bred me, didn’t offend me, etc. blah blah blah)), I treat everything with understanding, I love women, I don’t take sides, I try to give recommendations to both husband and wife, but I still foresee srach and negativity, nevertheless, thanks for your attention.

Regards, administrator.