How to draw up a prenuptial agreement or marriage contract (sample)? How to draw up a prenuptial agreement or prenuptial agreement

this is a written agreement or, in other words, simply a transaction between future spouses on various, primarily property, aspects family life. This document is certified by a notary, each of the newlyweds receives a copy, and the original remains with the lawyer. Over time, it will be possible to change and supplement the conditions marriage contract, certifying the new text in the same notary office. The agreement can be drawn up both before and after the wedding. In the first case, it comes into force from the moment of marriage registration, and in the second - from the moment of notarization.

Through this document, spouses have the right to change the regime established by law joint ownership. For example, according to the law, in the event of a divorce, all jointly acquired property is divided in half; the court also decides what to do with the personal belongings of the spouses. You can choose any form of property ownership: joint (common), shared (everyone has their own share) or separate (that is, personal). Since each of you has the right to personal property, you can name as such all things that belonged to you before marriage, as well as gifts, inheritance, personal items (except luxury items). If this solution does not suit you in some way, you can offer other options. Interestingly, all gifts purchased with personal money legally belong to the giver. And if you gave your husband a coat, in case of divorce you can always take it back. And all the expensive things given to your “betrothed” (a fur coat, a necklace) legally belong to him. Can be attached to expensive things a gift agreement, but it is bad because it is a one-sided document, which means that the donor can always terminate it without the consent of his “half”. Of course, from an ethical point of view, it is unlikely that anyone will take away gifts, but just in case, you can write in the contract that luxury items are separate, that is, the personal property of the person who uses them. You can do the same with other purchases: household appliances, carpets, silver plate assigned to the wife, and the garage and car to the husband.

In the marriage contract, you have the right to define your rights and obligations regarding mutual maintenance, maintenance of children and elderly parents, methods and extent of participation in each other’s income, the amount of money that each of you contributes to the common treasury, as well as include any other provisions relating to property relationships.

The only, but very serious limitation in in this case is that, by law, the terms of a marriage contract must in no case worsen the position of either spouse. This often worries young people. For example, you indicate in the contract that in case of failure to comply with the terms of the contract, the violator will be punished by deprivation of some share of his property. But then in court you are unlikely to be able to achieve this, because by taking away part of your spouse’s property for your benefit, you worsen his situation, thereby violating the main condition.

The main principle of drawing up a marriage contract:

such a marriage contract should be as “rubbery” as possible, should take into account as many options for the development of the situation and possible force majeure circumstances as possible - so as not to return to this contract again.

In modern contracts, traditionally, the following phrase is written at the end: “All disputes and disagreements under this contract will be resolved by the parties through mutual negotiations. If an agreement is not reached, the dispute will be resolved in accordance with current legislation.” It would be useful to include such a line in marriage contract. And if “the parties have not reached an agreement through negotiations,” resolve the dispute in accordance with the law.

By concluding a marriage contract, you can:

Reserve the right to own after a divorce any property specified in the marriage contract.
- Punish for adultery, securing in the contract a clause on compensation for moral damage.
- Transfer any property that is your property to your wife or husband.
- Do not pay with your property for the debts of your beloved “half”.

A marriage contract may be declared invalid by the court in whole or in part at the request of one of the spouses if the terms of the contract place this spouse in an extremely unfavorable position.

Marriage contract, example:

Marriage contract No._________

City _____________________________________________,
(date of)

We, the undersigned,
citizen_____________________________________________,
residence at:__________________________________________,
and citizen _________________________________________________,
living by the address:________________________________________,
intending to get married (in a registered marriage
by whom,
when the marriage is registered,
Certificate N_______________________),
hereinafter referred to as the "Spouses", have entered into this agreement as follows.

1. General Provisions

1.1 Property acquired by spouses during marriage is the common joint property of the spouses during the marriage, with the exception of property that personally belonged by law to one of the spouses, and also with the exception of cases provided for in this agreement.

1.2In the event of divorce by spouses mutual agreement for all property acquired during marriage, the legal regime (common joint property or property of one of the spouses) in force in relation to the corresponding property during the marriage is preserved, unless otherwise provided by this agreement.

1.3 In the event of divorce on the initiative of Mr. ____________ or as a result of his unworthy behavior ( adultery, drunkenness, hooliganism, etc.), property acquired during marriage and related to the common joint property of the spouses is considered to be the common shared property of the spouses from the moment of divorce. At the same time, Mr. _____________ owns one-fourth share of the named property, and Mr. ________________ owns three-fourths of the named property.

1.4 In the event of divorce at the initiative of Ms. ________________ or as a result of her unworthy behavior (adultery, drunkenness, hooliganism, etc.), property acquired during the marriage and related to the common joint property of the spouses is considered from the moment of divorce common shared property of the spouses. In this case, the city of _____________ owns three-fourths of the named property, and the city of ________________ owns one-fourth of the named property.

2. Features of the legal regime of certain types of property

2.1 Bank deposits made by spouses during marriage, as well as interest on them, are, during the marriage and in the event of its dissolution, the property of the spouse in whose name they are made.

2.2Shares and other securities acquired during marriage (except for bearer securities), as well as dividends on them, belong during the marriage and in the event of its dissolution to the spouse in whose name the acquisition of shares and other securities is registered.

2.3 Share in property and (or) income commercial organizations, acquired during the marriage, is, during the marriage and in the event of its dissolution, the property of the spouse in whose name the acquisition of the specified share is registered.

2.4 Jewelry acquired by spouses during marriage is, during the marriage and in the event of its dissolution, the property of the spouse who used it.

2.5 Wedding gifts, as well as other gifts received by spouses or one of them during marriage intended for the use of both spouses (except for real estate) - a car, furniture, Appliances etc. - during the period of marriage they are the common joint property of the spouses, and in the event of divorce - the property of the spouse whose relatives (friends, acquaintances, co-workers, etc.) these gifts were made. Gifts received during marriage by spouses or one of them from mutual friends (acquaintances, co-workers, etc.) and intended for the use of both spouses are the common joint property of the spouses both during the marriage and in the event of its dissolution.

2.6 Dishes, kitchen utensils, and kitchen appliances acquired by spouses during marriage are the common joint property of the spouses during the marriage, and in the event of divorce - the property of the woman _____________________________.

2.7 A car purchased by spouses during marriage is the common joint property of the spouses during the marriage, and in the event of divorce - the property of Mr. ____________________________.

2.8 The land plot acquired by the spouses during the marriage before the conclusion of this agreement, with an area of ​​_________________, located _____________________ and registered by ______________________________ (by whom, when) in the name of __________________, is the shared property of the spouses.
At the same time, Mr. _____________ owns two-thirds of a share of the named land plot, and Mr. ________________ owns one-third of a share of this plot. This condition comes into force from the date of registration of the spouses' shared ownership of the named land plot in the prescribed manner.

3. Additional terms

3.1 Property belonging to one of the spouses - by law or in accordance with the provisions of this agreement - cannot be recognized as joint property of the spouses on the basis that during the marriage at the expense of common property spouses or the personal property of the other spouse, investments have been made that significantly increase the value of that property. In this case, the second spouse has the right to proportional compensation for the cost of investments made.

3.2 If both spouses have the same type of registered property, which belongs to each of the spouses separately (two residential houses, two summer houses, two cars, etc.) and one of the spouses, by agreement with the other spouse, made in simple written form , will alienate the registered property belonging to him, then after such alienation the corresponding registered property of the same type of the second spouse becomes the common joint property of the spouses both for the period of the marriage and in the event of its dissolution.

3.3 Gr-ka _______________ grants to Gr-ka ____________ during the period of marriage the right to use (reside with the right to register permanent place of residence - registration) owned by Gr-ka _________________ (or as a tenant) residential building (apartment, room, living quarters), located at: _______________________________ ________________________________________________________________________.
In the event of divorce, the right to use the said housing (the right of residence and registration of permanent residence) of the citizen __________ is terminated. In this case, citizen ______________ undertakes to vacate the specified housing within three days after the dissolution of the marriage, terminating registration at the specified address of his permanent place of residence in the prescribed manner.

3.4 Each spouse is obliged to notify their creditors of the conclusion, amendment or termination of the marriage contract.

4. Final provisions

4.1 The spouses are familiarized with the notary legal consequences the legal regime of property chosen by them, including changes in the procedure for determining the inheritance mass.

4.2 This agreement comes into force: a) from the moment of its notarization (if the agreement is concluded after marriage registration); b) from the moment of marriage registration (in case of concluding a contract before marriage registration).

4.3 The costs associated with the preparation and certification of this agreement shall be paid equally by the spouses.

4.4 This agreement is drawn up in three copies, one of which is kept by the notary, ________________________________, the second is issued to the citizen ________________, the third is issued to the citizen ________________________

Gr-nin _________________

This article reveals the essence of a marriage contract in accordance with the norms of family law, notes its nuances correct drafting and conclusions. After reading the article, you will understand what it is real benefit such an agreement, you will find sample documents, and also familiarize yourself with the prices for notary and lawyer services.

It so happens that the average citizen Russian Federation with a certain upbringing will consciously or unconsciously identify a marriage contract with commercialism, greed and the fragility of marriage. However, for more than 20 years, the right to enter into such an agreement has been granted to couples who are just awaiting registration or are married. The provisions of the marriage contract are regulated by the Family Code.

Even if the preparation of such a document creates in a person preparing to get married a certain distrust in the well-being of the future life together, everything is changeable, and perhaps protecting one’s interests and striving for a decent future for oneself and one’s children will someday come to the fore.

A marriage contract defines property rights and obligations not only in the event of marriage, but also during the period of marriage. That is, it will help spouses not only separate peacefully if the marriage ends sadly and not fight over an expensive refrigerator, but will also help resolve financial issues that arise during their life together.

Of course, the question of whether to draw up such a contract or not is decided by each couple individually. But there is a chance that the timely conclusion of such an agreement will eliminate certain troubles in family life.

The document usually contains information

• on the mode of ownership of property,
• on the disposal of family income,
• about the fate of the property in the event

etc.

Possible conditions that constitute the essence of the contract are enshrined in the Family Code in Article 42, namely:

1. Property regime. Newlyweds have the right to change the regime of joint ownership established by law to shared or separate. Moreover, different regimes may be established for different property. For example: an apartment purchased before the birth of a child is separate property, but a car purchased after such an event is joint property.
2. Mutual maintenance or maintenance of one of the spouses. Typically, such a condition is intended to protect someone who is not working because of child care or housekeeping. Note that provisions that are contrary to the law, such as those that cancel the right to receive , will render the prenuptial agreement void (invalid).
3. Family expenses. Some couples, trying to avoid domestic conflicts, determine through an agreement who pays public utilities and who buys food.
4. Use of income. This clause can secure the right of a non-working spouse caring for a child to a certain percentage of the other’s income.
5. Distribution of property in case of divorce. This provision can resolve the issue of who will receive what property upon separation without going to court.
6. Other. Other provisions of the marriage contract may include other provisions if they relate to property rights and obligations. You can include a provision that when one spouse purchases expensive real estate or another major transaction, the consent of the other party is required.

When the time comes to draw up an agreement, it is worth remembering that, as we have already noted, there are conditions whose inclusion in the text of the agreement is unacceptable. The notary will refuse to certify such a document.

For example:

• restriction of the legal rights of the spouse, such as making a will, seeking protection in court;
• changes in rights and responsibilities relating to children;
• deprivation of one spouse of the right to property acquired during marriage.

Samples of marriage contracts

In order to correctly draw up a marriage contract, you can use its sample. You can use the samples below as a template by downloading and filling in the blanks and specifying the rights and responsibilities that are important to you in the content, or you can draw up your own contract based on what is presented in the samples.

In cases where one of the spouses wants to purchase something valuable and large with funds acquired before marriage, it makes sense to draw up a marriage contract on separate property, which will legally secure the status of the thing as personal property and prevent the occurrence of this property in the future .

Every family wants to have their own home, but not everyone can afford to buy it right away; this is where a mortgage loan agreement comes into play. Unfortunately, not all couples have the ability to repay payments equally, so in some cases it is advisable to enter into an agreement to establish the procedure for paying the mortgage, the regime of shared or separate property, as well as the owner of the property.

How to draw up a marriage contract

The procedure for drawing up a marriage agreement between spouses can be entrusted to a professional lawyer, or you can familiarize yourself with the main restrictions that are established by the Family Code of the Russian Federation and use one of the samples provided.

A marriage contract is a special document that is drawn up in writing. It may include various items relating to the property status of the spouses, be it the property regime or the procedure for maintaining a non-working spouse. It is important to be careful not to include clauses in the text of the agreement that may later be disputed or initially render it invalid.

A marriage contract must

• be signed by both spouses or those preparing to marry,
• certified by a notary.

Cost of notary services

Family code prescribes mandatory certification of the marriage contract by a notary. The service is paid. Other costs may also apply.

1. Before contacting a notary's office, one of the parties must draw up a draft marriage contract. You can get by self-training agreement. If you turn to lawyers, keep in mind that the cost of drawing up an agreement in Moscow varies from 5,000 to 10,000 rubles. Complex contracts will require costs several times higher.
2. To have a document certified by a notary will cost 500 rubles (2018), this tariff is the same for all of Russia. The notary will check the contract and accompanying documents for compliance with the law.
3. Technical work (printing, copying) may require some additional costs of about 500-1000 rubles.

Change and termination of the marriage contract

At any time during the validity period of the marriage contract, the spouses can make the desired changes to it: for example, change the ownership regime, transfer property to the spouse, or decide who will eventually get the recently purchased apartment. Such changes are formalized by agreement of the spouses, the form of which must correspond to the form of the contract, that is

• be written
• signed by the spouses
• notarized.

Unilateral changes, as well as termination, are, as a rule, not allowed. However, there are special circumstances, and one of the parties in such circumstances may find grounds to change the contract or withdraw from it completely, for example:

• if its terms are violated by the other party;
• at significant change the circumstances under which it was concluded.

How to challenge a marriage contract

A marriage contract can be challenged in judicial procedure, both completely and in a separate part. This is possible if deviations from the law were made when signing the document, for example, if the document was prepared and signed under the influence of false information, malicious deception, violence or threats. In such situations, the agreement can be challenged in court. You can file a lawsuit yourself, but it is better to seek help from a professional lawyer.

To challenge a contract in court you must:

1. find a legal basis for the trial;
2. collect all evidence: written, recorded in other ways (photos, videos, eyewitness accounts, etc.);
3. draw up and file a claim in court with the help of a lawyer or independently.

Advice: If you want to sign a marriage contract with a foreign citizen, find out whether it will be legally binding in his country.

How to invalidate a marriage contract

The law provides for specific reasons for which a marriage contract may be invalidated:

• the document is not notarized,
• one of the parties is incompetent,
• the contract is imaginary (fictitious),
• the contract seriously violates the rights of one of the spouses,
• the agreement contains articles not permitted by law, for example, on the regulation of non-property relations.

Please note: despite the prohibition of regulating personal relationships in a marriage contract, its provisions can be made dependent on personal relationships. For example, it may be agreed that the infidelity or drunkenness of one of the spouses changes or invalidates the agreed upon division of property.

Unlike Russia, in Western countries a marriage contract can regulate not only property, but also personal relationships spouses, down to the most trivial or intimate, for example, who should wash the dishes how many times a week, or in what positions to make love.

By the way: you can apply for marriage.

Conclusion

The conclusion of a marriage contract is entirely voluntary; spouses are free to make their own decisions. However, it should not be understood as a sign of distrust towards marriage union, but on the contrary, it is worth considering it as a guarantor of open, strong and harmonious relations women and men free from mutual misunderstanding.

In this article, we will tell you in detail, step by step, how to draw up a marriage contract: who to contact, what documents are needed for this, what conditions can be included (and which cannot) and how much it will all cost. In addition, you can download a ready-made, completed sample document and use it as an example for drawing up your own unique contract.

Briefly about the marriage contract

The Family Code of the Russian Federation establishes that a marriage contract can only concern relations of a property nature. Spouses can indicate the procedure for using certain things, determine the ownership of this or that property (who owns the property and in what amount). Rules for distribution are established family budget, the procedure, amounts and terms of maintenance of a spouse for any period of time (in marriage and outside it).

It is worth noting that Art. 256 of the Civil Code, all the property of the spouses that they acquired during the period marital relations, is considered jointly acquired. A marriage contract allows for the establishment of exclusively personal rights to the property and income of each spouse.

The main function of a marriage contract is to regulate family relations. By establishing a procedure for the use and disposal of property and income, conflicts can be avoided between spouses, which often lead to divorce.

A prenuptial agreement is closely related to marriage. So, if a marriage can exist without a concluded contract, then the contract, in turn, cannot exist without marriage bonds.

Procedure for compilation

A prenuptial agreement can be drawn up between spouses, both during marriage and immediately before the wedding. Since marriage, according to the RF IC, is a union of a man and a woman, officially registered with the registry office, persons living together with each other and being married romantic relationships (civil marriage) do not have the right to draw up such a contract.

The age is not specified, but it is worth remembering that marriage in the Russian Federation is allowed from the age of majority, and only in exceptional cases from the age of 16 (emancipation of a minor, and the consent of guardians is required for marriage). When drawing up a contract before marriage, the effective date of the document is considered to be the date on which the marriage relationship is registered. In another case, the start date of the marriage contract is the day it was drawn up.

In the document, to avoid possible misunderstandings, the surname, first name and patronymic of the parties must be indicated in full. Subscriptions, additions or corrections are not allowed in the agreement. All conditions must be formulated clearly and clearly.

The document must be drawn up in writing, and, according to Article 41 of the RF IC, it is required that it be certified by a notary. As a rule, notary offices contain forms that include standard phrases, which spouses can exclude or supplement.

The notary must check the marriage contract for absence of contradictions with modern legislation, and all the terms of the contract must be explained to the spouses. The notary will draw up three copies of the agreement. The first two will be issued to each of the spouses, the third will remain with the notary. To certify a document, the presence of both parties is required.

Failure to comply with these requirements leads to the agreement being declared invalid.

The contract can be drawn up independently by the parties and submitted to a notary. However, in such a matter it is best to turn to specialists to draw up the document. This will avoid further disputes regarding the terms that should be included in the document.

What documents need to be prepared

To register a marriage contract, you must provide a package of documents. Depending on the date of compilation, the list of documents will vary. If the contract is concluded before marriage, then future spouses are required to provide only copies of passports.

If the marriage has already been concluded, the list of documents is wider and includes:

• copies of spouses' passports;
• marriage registration certificate;
• documents for all property owned by the spouses (which is owned);
• in the case of marriage between persons under the age of majority, written consent of the parents or guardianship authorities is required for the marriage.

In any case, in order to avoid possible misunderstandings, before drawing up a marriage agreement, it is worth clarifying the package necessary documents with a notary who will certify the contract.

The property owned by the spouses will be described in a contract indicating who and to what extent it belongs (or will belong), as well as the procedure for using this property.

Validity of the marriage contract

A prenuptial agreement comes into force in two ways:

• when drawing it up before registering a marriage - on the day of actual registration;
• when drawing it up during the existence of a marriage relationship - from the day of its notarization.

A marriage contract is valid throughout the entire marriage, and in some cases, if provided for in the contract, even after the end of the marriage relationship. Unless otherwise stipulated by the concluded agreement, the marriage contract terminates upon registration of the dissolution of the marriage relationship (Article 43 of the RF IC). If the marriage is declared invalid by the court, then the contract is automatically invalidated (clause 2 of article 30 of the RF IC).

But, nevertheless, the document can be edited, so new circumstances that arise during the marriage can be included in the contract at any time and also notarized. In addition, the contract can be canceled if the spouses wish.

Document structure

As already mentioned, the agreement can only apply to property relations spouses. But we must remember that not a single document can go against modern legislation. Therefore, it is impossible to include clauses that contradict civil law (namely Civil Code in Russia all property relations are regulated).

What may be included in the contract

The following points may be stipulated in a marriage agreement:

• the procedure for distributing monetary income of each spouse. Income refers to the spouse’s earnings and all bonuses transferred to him, income received from the disposal of property (renting, selling, etc.). The spouses may indicate that all income belongs to the party who is their recipient, or a shared or joint distribution of funds may be established;
• procedure for bearing expenses. This means spending Money for family needs, for example, purchasing food, clothing or household products, payment of utility bills, educational and medical services, keeping pets, etc.;
• procedure for disposing or using property acquired or obtained by other means;
• procedure for disposing and using existing property;
• possibility of mutual content. The rules of the RF IC provide additional help disabled or partially able-bodied spouse, in addition to what is already due to him financial assistance Such a condition can be established for both current and former spouses.

The procedure for the use and disposal of property can also be established in the event of a divorce or death of one of the spouses. In the case of death, the rules will also apply civil law relating to the procedure for inheriting the property of a deceased person.

The terms of the agreement in such a case must not contradict the inheritance regime, otherwise the rights of the remaining heirs may be infringed.

An agreement may be concluded under suspensive or disqualifying conditions.

A suspensive condition provides for postponing the fulfillment of the terms of the concluded agreement until a certain date. For example, the contract may indicate that a car that was purchased during marriage and is joint property will become the property of the wife upon the birth of a child.

A cancellation condition means the cancellation of any of the clauses of the contract upon the occurrence of a certain situation or date. For example, joint property (for example, an apartment), acquired over the years of marriage, during a divorce will go to the party that did not contribute to the occurrence of the circumstances that led to the divorce.

The contract may also establish the type of ownership of the property:

• share;
• joint;
• personal.

When establishing a shared type of ownership of property which belongs or will belong to the spouses, the parties indicate to whom, what and in what shares the property will belong. For example, the parties agreed that upon purchase country house, the shares will be established in proportion to the amounts contributed by the parties to purchase the house.

The emergence of joint ownership for a married couple, it is provided for by the Family Code, however, in the marriage contract it can be discussed which property will be joint. For example, when further purchasing a house, car and garage, the spouses agreed that only the house would be transferred into joint ownership, while the garage and car belonged entirely to one of the spouses.

Personal property– establishing full ownership of property acquired before or during marriage. For example, purchased household appliances (plasma TV), in the event of a divorce, will not be the subject of a dispute, since the document states that this TV belongs only to the spouse and the wife does not lay claim to it.

As for the premarital property of the spouses, the type of ownership can also be established for it. Initially, all this property was the personal property of each party, however, upon concluding a marriage and agreement, it can be indicated that the wife’s property, which belonged to her before marriage, becomes joint property, or shared property, indicating the desired shares of each spouse.

But premarital property owned by one of the parties cannot be completely transferred to the ownership of the other party after marriage. In this case we're talking about about the gift agreement, and this is not included in the marriage agreement.

What cannot be included in the contract

The terms of the marriage contract cannot conflict with modern legislation:

• conditions that could lead to a severe disadvantage for one of the parties to the contract. Since the contract deals with property relations, the inclusion of certain conditions due to great attachment and personal dependence may subsequently lead to the emergence of a situation that violates and significantly infringes on the rights of one party;
• conditions affecting the legal capacity or performance of any party. Thus, an agreement cannot establish rules regarding the choice of one of the parties to the agreement regarding the sphere of activity, religion, freedom of movement (Article 26, Article 27, Article 28, Article 29 of the Constitution of the Russian Federation), the possibility of obtaining professional education, conditions that limited civil, political and other rights of the spouse provided for by the Constitution of the Russian Federation. The legal capacity and legal capacity of a person can only be limited by the court;
• conditions limiting a party's right to judicial protection. Limitation this right is a special case of limitation of legal capacity;
• conditions governing relationships related to raising children. Since a marriage contract can only regulate relations of a property nature, in relation to children, the contract can only take into account the procedure and amount of payment educational institutions, sections and other material needs. As for the moral side, the contract cannot establish to whom, after the divorce is concluded, the child will go to be raised, since in this situation, first of all, it is necessary to take into account the wishes of the child himself. This issue is resolved between the spouses without drawing up an agreement, taking into account the interests of the child, his attachment to one of the parents, his age and other qualities;
• clauses regarding personal non-property relations of the parties. The prohibition on introducing such provisions lies, firstly, in the impossibility of leading to their enforcement;
• requirements for limiting the disability of one of the parties and receiving maintenance for them. Since we are talking about the vital maintenance of a person, the inclusion of restrictions will lead to the invalidity of such an agreement.

The inclusion of a term that, according to the law, cannot be included will lead to full or partial invalidation of the agreement.

The rules regarding the completion of a bilateral transaction, provided for by civil law, apply to a marriage contract, therefore all terms of the contract must be of a volitional nature and be included independently and without coercion.

By the claim of one of the parties, a marriage contract that was concluded under the threat of violence, or concluded fraudulently, abusing the trust of the party, will be declared invalid by the court.

Step-by-step algorithm of action

First of all, it is worth discussing the conditions that will be included in the document. It is very difficult to foresee all situations, so it is recommended to seek help from a law firm that provides services for drawing up a marriage contract. Missing any point may lead to a further need for constant changes.

Having decided on the content, you can begin preparing documents. It is extremely important to provide documents that confirm ownership of all property acquired before marriage and in relation to which certain conditions will be included in the agreement.

With completely assembled package documents, the parties must contact a company that provides notarial services to the public. Payment for notary services will be based on the cost of the state fee and the cost of drawing up the contract form.

Standard sample marriage contract

This is what a sample of a typical marriage contract looks like:

Download full document in Word format. You can download it, correct it to suit your needs, fill it out and use it as an example during a visit to the notary.

Cost of compilation

Prices for concluding a contract vary depending on the chosen notary and the place where the contract is concluded. Drawing up, making changes, as well as notarization of the agreement are paid at different prices.

Assistance in drawing up a draft contract costs on average from 5,000 to 10,000 rubles. Drawing up an additional agreement, including changing the terms of a previously drawn up agreement, costs around 5,000 rubles.

Self-certification of a document by a notary, without the help of lawyers, costs about 500 rubles (the amount of the state fee), but if you need to use the help of a specialist, the cost of the service can reach 5,000 rubles.

In addition, if individuals also require assistance in collecting a package of documents, the cost of the service may increase according to the tariff of the law firm that will provide such service.

How to draw up a marriage contract: 7 reasons to do it + 7 important rules drawing up a document + 20 mandatory points that the agreement must contain + 7 prohibitions.

Marriage contract is a document that is not very popular in Russia, Ukraine and other post-Soviet countries.

That's it different reasons, for example, the lack of wealth that can be divided after a divorce, or the impracticality of the newlyweds, they say, “what other contracts are there when we have love forever.”

But in the West, wealthy young people know perfectly well how to draw up a marriage contract and see nothing wrong with saving themselves from a lengthy judicial division of property if the relationship does not work out.

And there is nothing shameful or wrong in this. Even in love, you need to keep a sober head so as not to regret later about what you did or did not do.

Marriage agreement: what is it, who needs to draw it up and why?

People not involved in jurisprudence heard about marriage contracts relatively recently, and that was thanks to the arrival of Hollywood films on our screens.

They found out, but few spouses decide to draw up such a contract to protect their property.

1. What is a prenuptial agreement?

It is believed that the marriage contract (of course, not in a modern, but in a more simplified form) was invented by the ancient Romans.

In ancient Rome, marriage between two people was treated as a legal transaction.

It was believed that love and all sorts of different sentiments were one thing, but an official document sealing the relationship, with a list of rights, responsibilities, property claims, and other things, was completely different.

Then Christianity came to Ancient Rome and the priests began to tell that marriage is, first of all, a spiritual sacrament and there is no place for all sorts of business transactions in it.

Similar marriage contracts existed in many cultures, for example, Jewish called ketubah, Muslim called mahr, etc.

In modern Russian legislation The concept of a “nuptial agreement” is also not new. It is regulated by the Family Code of the Russian Federation.

You should take the drafting of an agreement seriously and remember that this is not just a piece of paper, but a legal document.

A marriage contract has its own characteristics:

• it can only be drawn up with the consent of both parties, since it is impossible to force the husband / wife to sign the paper;
• It is better to have a lawyer write the text to avoid inaccurate wording and errors that will lead to the document being challenged in the future;
• Without registration by a notary, your contract will not have legal force;
• in the text itself it is not necessary to write only about, you can add a clause about the rights and responsibilities of the husband/wife or the conditions under which a divorce will occur;
• such a document is drawn up only in writing (all oral agreements have no legal force);
• it can be drawn up both before and after marriage;
• the text itself can be changed in the future and even the contract itself can be terminated, but only with the consent of both parties.

2. “Draw up a marriage contract? Never in my life! I am for love!

Once in some kind of contact “snotty” (in the sense of pink-sugary, causing tears and snot of delight with its content), one of the subscribers created a post that all kinds of marriage contracts are godless and all the couples who enter into them are fake and are building your relationship is not based on love, but on money.

It is clear that this nonsense has collected a bunch of likes and comments in the style of “yes, you’re right”, “I think so too”, “this Western heresy will not take root here.”

I laughed at all this and went on collecting material (I was just writing about women who had experienced divorce); I didn’t get involved in the discussion, although I could have told a few sad stories about how “eternal” love passes, but property problems remain.

For example, my neighbor Nina is the owner of a thriving beauty salon. A girl from a rich and prosperous family married a poor boy with an alcoholic parent, Great love, Certainly.

Nina's father gave her money for a beauty salon. In 5 years, she turned her small salon into a successful, thriving business. But the relationship with my husband did not work out.

Over the years of his life with Nina, the boy got used to a wealthy life, but was not used to working. And so he decided to chop off half of the business, they say, this is jointly acquired property.

No one thought of drawing up a marriage contract at the time; the father also transferred the money without any legal support (“who thought that the children would decide to get a divorce”).

In short, if it weren’t for a smart lawyer, who knows how things would have turned out. And thanks to a great specialist, we managed to repel the attack of the bad greedy.

By the way, Nina later married this lawyer. And he himself insisted on securing the marriage obligations in a contract.

3. Why do you need to think about how to draw up a marriage contract?

Are you not convinced by Nina's story?

Well, in vain!

There are many cases when swindlers of both sexes took advantage of the weakness, stupidity, naivety of their other halves and, after a divorce, took a large piece of property for themselves, to which they had nothing to do.

There are a number of reasons to:

1. You will know exactly what rights and responsibilities your spouse thinks you should have and will be able to set your own rules of the game.
2. Avoid litigation regarding the division of property, since you will know in advance who will receive how much after the divorce.
3. When separating, you will save a lot of time, money and nerve cells, since the basis of your divorce will be a legal document.
4. Marriage scammers will not even come close to you, since they will not have anything to profit from you.
5. You will save the property acquired during marriage solely thanks to you from illegal attacks.
6. Nothing better protects the property rights of each spouse than this contract.
7. Civilized divorce will come to our country only when couples who own property understand that drawing up such a document means showing wisdom and not being branded as callous greedy.

All about how to draw up a marriage contract...

In fact, if you are not a notary, you do not need to know exactly how to draw up a marriage contract.

Let a specialist take care of the text itself, correct legal terminology, notarial form and other nuances.

It is advisable for you to study which clauses can be included in the contract and which cannot, and what are the features of drawing up this document in order to control the process itself.

1) Basic requirements for how to draw up a marriage contract.

For a professional notary, drawing up a contract for a married couple is as easy as shelling pears, since that is his job.

It is difficult for non-professionals to understand all the nuances of the procedure. Yes, this is not necessary!

The main thing is to know a few rules that are followed in order to draw up a competent marriage contract:

1. When drawing up an agreement, the notary must tell you what kind of document it is, what the consequences of signing it are, what each party will receive after the divorce, etc. There is no need to sign something you know nothing about.
2. The document should be drawn up in triplicate. One remains with the notary and the spouses receive one each.
3. It is necessary to avoid the appearance of inaccurate wording in the text, which can lead to misinterpretation, twisting of facts and, as a result, to challenging the contract.
4. Nothing in the text should be abbreviated: neither the full names of the parties, nor the names of organizations, nor addresses, nor car brands - everything should be named in full.
5. Any numbers (especially when it comes to terms and amounts) must also be written in words.
6. Without the signatures of both spouses, the document cannot be considered valid. An authorized person can sign for you, but you will have to indicate the reason for your absence and persuade the notary to affix your authorized person’s signature to the agreement with his signature.
7. The paper acquires legal force immediately after you sign it, and the notary certifies it all. But the contract begins either from the moment the couple gets married (if you are just getting married), or immediately if the contract was drawn up after signature at the registry office.

A completed sample marriage contract looks something like this:

2) What can and cannot be included in a prenuptial agreement?

Being a legal document, the text of the marital agreement cannot be a gag with approximate wording.

Information about what can and cannot be written in a marriage contract can be found in the Family Code of the Russian Federation.

If you decide to create a standard document, then you should include the following items:

But besides what should be in marriage agreement The Family Code also regulates a number of points that under no circumstances should be included in the document.

Such prohibitions include:

It should be understood that a marriage contract is a document that primarily concerns your property.

It cannot affect your personal relationships. Can't make or break your marriage. Cannot serve as a manual for what your couple will live by every day.

Why do you need a prenuptial agreement? Rules for drawing up a document.

What methods of registering a marriage contract exist?

You can not only draw up, but also change or terminate a marriage contract!

You should not be afraid to enter into a family agreement, if only because the text of the document can be changed or the agreement can be terminated altogether.

True, in order to do this, you will need the consent of both spouses.

If you decide to make any changes to the text, then go back to the notary so that he can draw up an agreement for you to amend or terminate the contract, which will correspond to the form of the marriage agreement.

But you cannot simply refuse to fulfill the terms of the contract if the second spouse does not give his consent to make changes.

The only thing you can do is file a lawsuit and get the contract terminated in court.

This is not an easy path and you can only win if you prove that the marriage contract was drawn up:

• with violations of your civil rights;
• against your will;
• contrary to the legislation of the Russian Federation.

Even if you are very well prepared, you cannot be sure of a favorable outcome of the trial.

It is better to figure out in advance how to draw up a marriage contract so that it suits all parties to the agreement. Then you won't have to go to court.

If the spouses have realized the advantages of a prenuptial agreement and come to mutual consent about the need to conclude such a document, all that remains is to perform this decisive act at the notary.

But before you go to the notary’s office, you should think about everything yourself essential conditions future contract. Not a single lawyer or notary knows the specifics of the family life of the spouses and their property relations. After all, they will form the basis of a written document.

This article is about what and how should be contained and written down in a marriage contract.

Correct preparation and execution of a marriage contract

The Family Code makes it clear: a marriage contract is concluded solely for the purpose of regulating property relations in marriage. Therefore, it does not include provisions of a personal, non-property nature (for example, marital rights and obligations) and provisions relating to minor children (for example, upbringing, place of residence of children in case of divorce). This is one of the fundamental rules for drawing up a marriage contract.

There are other rules:

• The marriage contract must be in writing and subject to mandatory notarization;
• The right to conclude a marriage contract belongs to married couples, as well as couples planning to get married;
• The entry into force of a marriage contract depends on when it is concluded. If it was concluded by the future spouses before marriage, it will acquire legal force at the time of state registration of the marriage. If the agreement was concluded by a legal husband and wife, it will enter into legal force immediately after signing;
• Changes can be made to the marriage contract by mutual consent of the parties. The procedure for making changes must be specified in the contract itself. Changes to the contract must be drawn up in writing and notarized, just like the contract itself;
• A marriage contract can be terminated by the parties unilaterally or bilaterally on grounds that must be specified in the contract itself (for example, if one of the parties violates the terms of the document);
• The marriage contract should not contain a number of provisions (limiting the rights of the parties, regulating the non-property aspects of the relationship), otherwise it will be considered invalid.

Through a marriage contract, you can determine the property regime of the spouses, divide loan obligations, establish the procedure for distributing family income and provide for other nuances of property relations.

What is included in a marriage contract and what can be stated in it?

Property legal relations in a family are a fairly broad area. This includes the procedure for acquiring, using and disposing of property, ownership of property, income and expenses, obtaining and paying off loans, division of property and debts in the event of a divorce, and much more.

Concluding a marriage contract is a way to give the property relations existing in the family a documentary form, as well as to provide for all property relations that presumably may arise in the future (for example, joint law spouses' ownership of an apartment that they have in this moment, and separate ownership of real estate that will be acquired in the future).

Let's discuss in more detail what and in what form can be provided for in a marriage contract?

Introductory part

An official document is drawn up according to certain rules. First of all, it must have a structure, that is, consist of separate but logically interconnected elements - an introductory, main and final part.

The introductory part or preamble of the agreement contains the following data:

• Name of the document: “Marriage agreement”;
• Place of conclusion of the agreement: city, region, country;
• Date of conclusion of the agreement (the date of conclusion of the agreement is the date of notarization of the agreement by a notary and the entry of its registration data into the register);
• Parties to the agreement: Full name spouse, passport details of the parties (date of birth, place of birth, registration address);
• Purpose, legal basis for concluding an agreement.

Main part

The main part of the marriage contract usually consists of several sections, which, in the form of separate articles and clauses, regulate the provisions of a particular type of property relationship.

Let's take a closer look at what can be stated in each section of the main part.

1. Property regime

Spouses have the right to determine any ownership regime for their property: joint, separate. As a rule, in practice a combination of several options is used.

For example, for real estate, spouses determine the regime of joint ownership. Apartments, houses and dachas, cars are shared. Shares in joint property can be either equal or unequal (for example, a third for a husband, two-thirds for a wife). For movable property, for example, household appliances, a separate ownership regime may be determined. Let's say the computer and refrigerator belong to the husband, and washing machine, iron and slow cooker for the wife. Here it is important to indicate on what principle the division of property between the owners will take place. For example, depending on whose funds the item was purchased, in whose name it was registered, who used the item in Everyday life(it’s stupid for a man to claim women’s Jewelry or fur coats).

If we are talking about existing property, it would not be superfluous to bring it full list With detailed description everyone. So, for a land plot, you should indicate the location, area, intended purpose, and cadastral number. For a car - make and model, year of manufacture, license plate number.

If spouses plan to purchase an apartment on credit, it is important to indicate this in the marriage contract, as well as describe the rights of the spouses to it, the size of shares, and obligations to pay loan payments.

2. Rights and obligations of the parties to the agreement regarding mutual content.

Typically, a prenuptial agreement contains provisions for the husband and wife to support each other. Although the obligation to support a spouse in the event of loss of ability to work and need is provided for by law, this document can expand the range of alimony rights and obligations of spouses in relation to each other.

For example, provide more grounds for receiving financial assistance - not only disability (loss of the opportunity to work due to disability) and neediness (low income that does not satisfy material needs), but also difficult life circumstances, illness, purposeful intentions (university studies) and other reasons.

3. Income of spouses

According to the law, not only property acquired during marriage is common property spouses, but the income of each spouse is common.

But the marriage contract can provide for another way of distributing income. For example, indicate that the income of each spouse is his personal property, which he has the right to dispose of at his own discretion. Or provide that the main income of each spouse (for example, salary from the main place of work) is common, and additional income is personal property.

4. Procedure for incurring expenses

Since spouses distribute each other’s income, it’s worth talking separately about expenses. Moreover, all types of expenses can be settled, including the purchase of real estate, repayment of debts, household expenses and everyday expenses.

The contract can provide for the rights and obligations of spouses regarding expenses:

• who will bear the costs of purchasing real estate, vehicles, furniture and household appliances;
• who will have to pay for the children’s education;
• who will bear the costs of current or major repairs of housing;
• which spouse will bear the cost of car maintenance and repairs;
• who will bear the cost of utility bills;
• who will pay for family vacations, travel, entertainment and recreation.

The prenuptial agreement may specify that all expenses are borne by one or both spouses. As a rule, expenses are borne by spouses in proportion to their income or shares in property.

1. Debt repayment procedure

Marriage contract - great way resolve possible or existing financial difficulties, in particular debts.

For example, if it provides separate mode ownership of property, it can be indicated that each spouse bears his own debentures myself. If a joint ownership regime is provided, the spouses can determine the procedure for each of them to participate in the fulfillment of common debt obligations. For example, in proportion to the spouses’ shares in property.

1. Marriage agreement and mortgage

If a family plans to purchase an apartment with a mortgage, it would be useful to conclude a prenuptial agreement.

Especially if spouses pay unequal amounts of money for the down payment, if the mortgage is paid off with the funds of one spouse, and the other spouse refrains from payments or makes smaller payments. In this case, the contract should provide that the right to a larger share in the property will belong to the spouse who participated in its payment in large sums.

And if the loan is repaid by only one spouse, he will be the sole owner of the apartment after the loan is repaid. Another option is that the right to the mortgaged property will belong to only one of the spouses, and the second will receive compensation for his share in monetary terms indicating the amount.

It is advisable to detail in the document the procedure for repaying the loan: who, in what amount, and within what time frame should make the down payment and loan payments. It is important to indicate the size of the shares belonging to each spouse.

If the contract is concluded when mortgage has already been taken and the spouses have credit obligations, the acquired property and the debt to the bank are joint by law. To change these conditions through a marriage contract, you will need to obtain the consent of the bank and make appropriate changes to the mortgage agreement. I must admit that banks very rarely and reluctantly take this step.

7. Property that will be transferred to each person upon divorce.

Share like share! Since we are talking about the division of property, income and expenses during marriage, it is advisable to think about how the division will occur in the event of divorce.

It is important to take into account that during a divorce, not only the property and obligations that the spouses had at the time of the conclusion of the contract will be divided, but also those that were acquired during the marriage.

If the spouses have established a separate property regime, everything is very simple: each of them will be left with a certain part. If the shared ownership regime is in effect, the property must be divided in accordance with the size of the shares. If there are fundamental provisions (for example, in any “situation” the car remains with the husband), they should be indicated.

Final part

The following provisions should be provided here:

• liability for violation of the terms of the marriage contract;
• rules for amending a marriage contract;
• grounds for one- and two-sided termination of the marriage contract;
• validity period of the contract, validity period of individual provisions of the contract;
• date of entry into force of the agreement.

Completion of the official document - details and signatures of the spouses.

What cannot be included in a marriage contract

There are provisions that under no circumstances should be included in a prenuptial agreement, as this is contrary to the law and may invalidate the contract. These provisions are as follows:

• Restriction of legal human rights and freedoms (right to labor activity, freedom to choose a place of residence, the right to receive an education, the right to choose a field of professional activity). For example, it is impossible to oblige a wife to give up the opportunity to study and work, to oblige her to lead household and raise children on their own. In the event of a divorce, you cannot demand that your husband leave his hometown and never return.
• Waiver of the right to protect one’s legal rights and freedoms, including through the courts.
• Non-property aspects of the relationship between spouses. For example, the obligation to give flowers on holidays, to keep marital fidelity, do not drink alcohol.

Important! Although it is impossible to provide for non-property conditions in a marriage contract, it is possible to provide for their property consequences. For example, oblige the spouse to pay monetary compensation for family budget funds wasted on alcohol, compensation for moral damages for beatings or infidelity;

• Rights and responsibilities of parents in relation to children (except for the distribution of expenses for their maintenance). A marriage contract is not a document that defines the order of raising children, the rules of communication between parents and children, or the place of residence of children in the event of a divorce. These issues are subject to settlement in the agreement concluded during a divorce through the court. The maximum that can be discussed in a marriage contract regarding children is who and how will bear the costs of their maintenance (pay for education, treatment, buy clothes and shoes, etc.).
• Limitation of the legal rights of a disabled spouse . According to the law, if one of the spouses becomes unable to work (acquires a disability) and needs financial assistance, he has the right to alimony from the second spouse. A prenuptial agreement cannot deprive this right.
• Determining the procedure for disposing of property in the event of the death of one of the spouses. There is a will for this.

Completed sample marriage contract