How to write a prenuptial agreement sample. Proper preparation and execution of the marriage contract. The main elements of the marriage contract

MARRIAGE CONTRACT

Citizen Russian Federation Svetlyakov Vladislav Nikolaevich

(Full Name)

and citizen of the Russian Federation Krasotkina Marina Ilyinichna,

(Full Name)

obligations both in marriage and in the event of its dissolution, have concluded this marriage contract about the following:

SUBJECT OF THE CONTRACT

1.1. The spouses agree that all property acquired by the spouses jointly during marriage, regardless of whose income it was

acquired, a joint ownership regime is established. For certain types of property specifically specified in this agreement

or in addition to it, a different mode may be set.

1.2. Property owned by each of the spouses before marriage, as well as property received by one of the spouses during marriage

as a gift, by way of inheritance or by other gratuitous transactions is his property.

1.3. By the time of the conclusion of this agreement gr. V.A._Svetlyakov _ owns the following property:

apartment with a total area of 54 sq. meter, located at the address: _Prospect Kommunalny, 44, apt. 16_____________________;
VAZ car ______, engine no. 173__, body no. _567____, state number _267256______, registered with the traffic police _______;
pieces of furniture according to the list attached to the contract;
golden and silver jewelry, and jewelry from precious and semi-precious stones according to the list attached to the contract;
a garage for a car, located at the address Zlatoust, Kommunalny Avenue, 44.

Gr. _M.I. Krasotkina ________ at the time of the conclusion of this agreement owns the following property:

apartment of 38 sq. meters at the address Zlatoust, st. Krasnoarmeyskaya, 17;
computer, Pentium 3, 128 MB, HDD 80 GB, monitor SVGA7________;
scooter___________________________________________________;
TV____________________________________________________.

1.4. Common property acquired during marriage includes the income of each spouse from labor activity, entrepreneurial activity and results of intellectual activity, pensions, allowances and other cash payments received by them that do not have special purpose. Ownership and use of common property is carried out by mutual agreement.

1.5. Right to common property also belongs to the spouse who, during the marriage, was in charge of household, care for children

or for other valid reasons had no independent income.

1.6. Items for personal use (clothes, shoes and others), with the exception of jewelry and other luxury items, although

acquired during the marriage common funds spouses are recognized as the property of the spouse who used it.

1.7. Special purpose income (amount financial assistance, amounts paid in compensation for damage in connection with disability due to injury or other damage to health, etc.) are recognized as the property of the spouse to whom they were paid.

1.8. Spouses have the right to dispose of common property according to mutual agreement. The consent of a spouse to the other spouse making a transaction with common property is presumed unless the other spouse raises objections to the transaction prior to its completion. To make transactions with real estate (including apartments, residential and non-residential premises, land plots, etc.), vehicles and other property, transactions with which are subject to notarization or state registration, the prior written consent of the other spouse is required. If a transaction, by agreement of the parties or by virtue of law, is made in a notarial form, the consent of the other spouse to the conclusion of such a transaction must also be notarized.

The prior written consent of the other spouse is necessary for the alienation and acquisition of property if the amount of the transaction exceeds _200,000_ rubles, regardless of the type of property in respect of which the transaction is made.

1.9. At any time during the marriage, the spouses, by mutual agreement, have the right to change the regime of joint ownership established by this agreement.

RIGHTS AND DUTIES OF SPOUSES

2.1. Each spouse is obliged to take due care of the joint property and property belonging to the other spouse, to accept all necessary measures to prevent destruction or damage to property, as well as to eliminate the threat of destruction or damage, including necessary expenses both through common Money as well as other income.

Each spouse is obliged to observe the rights and legitimate interests of the other spouse, established by this marriage contract and the law, both in marriage and after its dissolution.

2.2. Spouses are obliged to refrain from entering into risky transactions. Risky transactions are understood as transactions, failure to fulfill obligations under which may lead to the loss of a significant part of the joint property or to a significant reduction in the income of the spouses.

2.3. Each of the spouses has the right to use the property of the other spouse, which belonged to him before marriage, in accordance with the purpose of the property.

2.4. During the marriage, each of the spouses has the right to dispose of the property that belonged to him before marriage at his own discretion, however, the spouses recognize income from such transactions as a common joint property.

2.5. Each of the spouses is obliged to notify his creditor (creditors) of the conclusion, amendment or termination of this marriage contract.

2.6. In the event of a dissolution of marriage, the property owned by the spouses prior to marriage is not included in the mass of property subject to division.

2.7. Upon dissolution of marriage, common property shall be divided in equal shares.

RESPONSIBILITY OF SPOUSES

3.1. Each of the spouses is responsible for the obligations assumed to creditors within the limits of the property belonging to him. If this property is insufficient, the creditor shall have the right to demand that the share of the debtor spouse, which would be due to the debtor spouse upon division of the common property, be allocated in order to levy execution on it.

3.2. The spouse is not liable for transactions made by the other spouse without his consent.

3.3. Foreclosure may be levied on common property only for the common obligations of the spouses. If this property is insufficient, the spouses shall bear joint and several liability with their property for the said obligations.

3.4. Liability of spouses for harm caused by their minor children is determined by the Civil Law.

ENTRY INTO FORCE, AMENDMENT AND TERMINATION OF THE CONTRACT

4.1. This agreement comes into force from the date of state registration of marriage.

4.2. This agreement is subject to notarization.

4.3. The contract is terminated at the time of state registration of divorce.

4.4. The spouses have the right to make changes and additions to this agreement at any time. Unilateral refusal to execute this

contracts are not allowed.

4.5. All contentious issues that may arise during the validity period of this agreement, in the event that the spouses do not reach agreement, are resolved in judicial order.

SIGNATURES OF THE PARTIES:

Gr. _ Svetlyakov Vladislav Nikolaevich ______________________________,

Oktyabrsky district__6.7.89____________________________________________,

address: _g. Zlatoust, st. Oktyabrskaya, 6_____________________________________

_____________________

(signature)

Gr. Krasotkina Marina Ilyinichna ______________________________,

Passport: Series __2400_________, No. 084958_____, issued by the Zlatoust Federal Migration Service

Oktyabrsky district__9.12.93____________________________________________,

address: Zlatoust, st. Oktyabrskaya, 6________________________________________

_____________________

Basically, the increase in interest in the contract is due to the increase in marriages between Russian brides and "foreign" suitors. And yet this mark is significantly lower than the European one. But the trend is outlined, it's time to discard prejudices and get acquainted with the content marriage contract because this form of contract is recognized as civilized all over the world. After all, this is more evidence of a sound approach than of indecency.

Drawing up a marriage contract is possible thanks to the norm Family Code: The 40th article of the 8th chapter states that the spouses have the right to agree on what property belongs to which of them, will belong to the marriage and in the event of its dissolution. Thus, a husband and wife can go beyond the rules established by law regarding the joint ownership of property, as well as dividing it in equal shares. The contract allows you to clearly state who will own what (jewelry, fur coats, cars, real estate, furniture).

This legal document will allow you to avoid many troubles and, if necessary, part without unnecessary claims to each other and protracted ones. It also makes it possible to demonstrate the seriousness of their relationship, for example, if the spouses combine all existing property before the wedding in order to consider it common in marriage.

In order for the contract to come into force, it must be certified by a notary, for this you will need to pay a state fee.

Drawing up a marriage contract can be entrusted to a qualified lawyer or the same notary. The specialist will also take into account the norms of the Family Code (Article 42 on the content of the contract), draw up a competent text with clear wording and without ambiguous meanings. This is how the spouses will be able to avoid different interpretations of the content of the contract and protect their own from each other's claims in case of discord in the relationship.

You can make it yourself An example of its compilation is available in the legal literature, and on the Internet, and in periodicals. Although not every sample that comes across on the net meets the "letter of the law." There are some subtleties. For example, all numbers in the contract should be written in letters, and abbreviations are prohibited in data on spouses.

And most importantly, drawing up a marriage contract is a measure aimed at distributing only property rights. Spouses' demands on each other that limit their freedom of action are unacceptable in a legal document. However, it is possible to establish in the contract the rules under which certain behavior one of the spouses entails the onset of property rights of the other. For example, an “unworthy” spouse is obliged to compensate his behavior (you can and should specify which one) financially to his spouse (or vice versa).

However, this rule does not apply to child-rearing obligations, but only to the costs of their maintenance.

Drawing up a marriage contract is not such a difficult task, especially if the future spouses are ready to discuss all the points. You just need to stick to the main points, although you can add your own. A common example of a prenuptial agreement, drawn up on the basis of the article of the Family Code on the content of the contract, reflects the system of joint use of property and has the following sections:

property mode,

Rights and obligations,

bear the costs,

Responsibility for non-fulfillment of the obligations assumed.

The variant and fractional ownership (parts) is possible. There are also contracts based on the regime of separate ownership. Although this option is rare even in the United States, where the prenuptial agreement has long been commonplace. In the case of shared and separate ownership of property, the contract will contain an additional clause: features of the regime.

And last important point: drawing up a marriage contract is allowed Russian legislation and after (if only not after a divorce).

In this article, we will tell you in detail, step by step, how to draw up a prenuptial agreement: 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 property relations. Spouses can indicate the procedure for using certain things, determine the ownership of a particular property (to whom and in what amount the property belongs). Establish distribution rules family budget, procedure, size and terms of maintenance of a spouse in any period of time (in marriage and out of it).

It is worth noting that Art. 256 of the Civil Code, all the property of the spouses, which they acquired during the period marital relations, is considered jointly acquired. The marriage contract is allowed to establish exclusively personal rights to the property and income of each of the spouses.

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

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

Compilation procedure

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

Age is not specified, but it is worth remembering that marriages in the Russian Federation are allowed from the age of majority, and only in exceptional cases from the age of 16 (emancipation of a minor, while marriage requires the consent of guardians). When drawing up a contract before marriage, the effective date of the document is the date on which the day of registration of marriage relations is indicated. 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, 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 marriage contract must be checked by a notary public for the absence of contradictions to modern legislation, and all the terms of the contract must be explained to the spouses. The notary will draw up three copies of the contract. The first two will be issued to each of the spouses, the third will be kept by the notary. The presence of both parties is required to certify the document.

Failure to comply with these requirements will invalidate the agreement.

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

What documents need to be prepared

For registration of a marriage contract, it is necessary to 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 the future spouses are required to provide only copies of their 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 the property of the spouses (which is owned);
in case of marriage between persons under the age of majority, it is required to provide written consent of the parents or guardianship authorities for marriage.

In any case, in order to avoid possible misunderstandings, before drawing up marriage agreement it is worth checking out the package required documents at the notary who will certify the contract.

The property owned by the spouses will be described in the contract, indicating to whom 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 compiling it before marriage registration - on the day of actual registration;
when compiling it during the period of existence of marital relations - from the day of its notarization.

A prenuptial agreement is valid throughout the marriage, and in some cases, if it is provided for by the agreement, even after the end of the marital relationship. Unless otherwise stipulated by the concluded agreement, the marriage contract terminates upon registration of the termination of the marriage relationship (Article 43 of the RF IC). If the marriage is declared invalid by the court, then the contract is automatically recognized as invalid (clause 2, 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 items that are contrary to civil law (and it is the Civil Code in Russia that regulates all property relations).

What can be included in a contract

A prenuptial agreement may include the following:

the distribution of monetary income of each of the spouses. Income refers to the spouse's earnings and all bonuses transferred to him, income received from the disposal of property (renting, selling, etc.). Spouses may indicate that all income belongs to the party that is their recipient, or a shared distribution of funds or joint is established;
the procedure for incurring expenses. This refers to spending money on family needs, for example, purchasing food, clothing or household products, payment of utility bills, educational and medical services, keeping pets, etc.;
procedure for the disposal or use of property acquired or obtained in other ways;
order of disposal and use of existing property;
the possibility of mutual content. The norms of the RF IC provide extra help disabled or limited able-bodied spouse, in addition to the material assistance already due to him. Such a condition can be an establishment for both current and former spouses.

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

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

The contract may be concluded under suspensive or resolutive conditions.

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

A resolutive 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 during the years of marriage, during a divorce will go to the party that did not contribute to the onset of 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 when buying country house, the shares will be established in proportion to the amounts contributed by the parties for the purchase of the house.

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 what kind of property will be joint. For example, with the further purchase of a house, a car and a garage, the spouses agreed that only the house would be transferred to joint ownership, and the garage and car belonged to one of the spouses completely.

Personal property- Establishment of full ownership of property acquired before or during marriage. For example, purchased 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 claim it.

As for the premarital property of the spouses, it is also possible to establish the type of property on it. Initially, all this property was the personal property of each party, however, at the conclusion of the marriage and the agreement, it can be indicated that the property of the wife, which belonged to her before marriage, passes into joint ownership, or into shared ownership, indicating the desired shares of each spouse.

But premarital property owned by one of the parties, after marriage, cannot be fully transferred to the ownership of the other party. IN this case we are talking on a donation agreement, and this is not included in the marriage agreement.

What cannot be included in a contract

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

conditions that may lead to an extremely unfavorable position for one of the parties to the contract. Since the contract deals with property relations, the inclusion of certain conditions due to great attachment, personal dependence may later lead to a situation that violates and significantly infringes on the rights of one party;
conditions affecting the legal capacity or capacity of any party. Thus, the agreement cannot establish rules regarding the choice of one of the parties to the agreement of the sphere of activity, religion, freedom of movement (Art. 26, Art. 27, Art. 28, Art. 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 right and legal capacity of a person may be limited only by a court;
conditions limiting the right of a party to judicial protection. Limitation this right is a special case of limited legal capacity;
conditions governing relations related to the upbringing of children. Since only relations of a property nature can be regulated by a marriage contract, only the procedure and amount of payment can be taken into account in the contract with respect to children. educational institutions, sections and other material needs. As for the moral side, the contract cannot establish to whom, after the conclusion of the divorce, the child will go to raise, since in this situation, first of all, it is worth considering 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 ban on the introduction of such provisions lies, firstly, in the impossibility of leading to their enforcement;
requirements to limit the disability of one of the parties and receive maintenance by him. Since it is a matter of the vital content of a person, the inclusion of restrictions will invalidate such an agreement.

The inclusion of a term that, according to the law, cannot be included, will result in the full or partial recognition of the agreement as invalid.

The prenuptial agreement is subject to the rule regarding the completion of a bilateral transaction, provided for by civil law, therefore, all the terms of the contract must be of a strong-willed nature and be included independently and without coercion.

By the claim of one of the parties, the marriage contract, which 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 drafting a marriage contract. Missing a moment can lead to a further need for constant changes.

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

C completely assembled package documents, the parties need to 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.

Model sample marriage contract

This is what a typical prenuptial agreement looks like:

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

Compilation cost

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 for at different prices.

Assistance in drafting a contract on average costs 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 payment of the state fee), but if you need to use the help of a specialist, then the cost of the service can reach 5,000 rubles.

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

MARRIAGE CONTRACT

Russian Federation, the city of Omsk, the third of May two thousand and twelve

We, the undersigned, citizen of Russia A.E., born on 06.11.1977, passport... .... Department of Internal Affairs of the Oktyabrsky Autonomous District of Omsk, subdivision code ..., registered at the place of residence at the address: Omsk, st. ..., d. ..., building ..., apt. ...,
and Russian citizen S.A., born February 7, 1978, passport ... ... ...., issued ... 12.2001. Department of Internal Affairs of the Oktyabrsky administrative district of Omsk, subdivision code ..., registered at the place of residence at the address: Omsk, st. ..., house..., building..., apt. ... who have been married since March 17, 1999, hereinafter referred to as the "Spouses", have entered into this agreement as follows:

1. We, A.E. and S.A., being in a registered marriage, by this agreement determine the legal regime of property (an apartment located at the address: Omsk, street ...., house 1 (one), building 7 ( seven), apartment 214 (two hundred and fourteen)), acquired by us during marriage, for the period of this marriage, as well as in the event of divorce.

2. An apartment located at the address: Omsk, street ..., house 1 (one), building 7 (seven), apartment 214 (two hundred and fourteen), with an area of 62.6 sq.m., which the Spouses acquired during the marriage in the name of A.E. (certificate of state registration of rights ... ..... issued by the Federal Registration Service for the Omsk Region ... 09.2008) by agreement of the Spouses, as in the period joint marriage, and in the event of its termination, is transferred to the personal property of Mr. S.A.

3. The property specified in paragraph 2 of this Agreement, transferred to the personal property of S.A., in accordance with the provisions of this agreement, cannot be recognized as the common joint property of the spouses on the grounds that during marriage at the expense of personal property or personal labor the other spouse has made investments that significantly increase the value of this property.

4. The property specified in paragraph 2 of this Agreement, recognized by the Spouses as the personal property of S.A., in accordance with the provisions of this agreement, at the time of signing this Agreement, has not been sold to anyone, not donated, not pledged, not encumbered with the rights of third parties, in a dispute and is not under arrest.

5. The transfer of the property specified in clause 2 of this Agreement to the personal property of S.A. entails state registration of the property right of S.A. in accordance with applicable law.

6. Other movable and immovable property acquired by the spouses during the marriage, including those acquired in the future, regardless of in whose name this property was acquired, is recognized as the personal property of A.E.

7. Each of the spouses is obliged, in cases where it is necessary, to promptly notify their creditors of the conclusion, amendment or termination of this marriage contract.

9. All issues not regulated by this agreement are resolved in accordance with the current legislation of the Russian Federation.

10. At the time of signing this agreement, the Spouses do not have any property claims against each other, as well as claims of a different nature. All disputes that subsequently arise between the Spouses in connection with the conclusion, execution, operation, amendment, termination and interpretation of this agreement are resolved by their agreement through negotiations. If the Spouses do not come to an agreement, disputes shall be resolved in the manner prescribed by applicable law.

11. This agreement contains the entire scope of the agreements of the Spouses in relation to its subject matter and conditions and cancels all previously concluded agreements. this issue agreements, regardless of their form.

12. The persons who signed this agreement confirm in the presence of a notary that they are not limited in legal capacity, they are not under guardianship, guardianship and patronage, for health reasons they can independently exercise their rights and fulfill their duties, do not suffer from diseases that prevent understanding the essence of the agreement being signed and circumstances of his conclusion that they do not have circumstances forcing them to conclude this agreement on extremely unfavorable terms.

13. All disputes subsequently arising with third parties in connection with the conclusion, execution, operation, amendment, termination and interpretation of this agreement, each Spouse resolves, if possible, independently through negotiations.

14. This agreement is considered concluded from the moment of its signing by the Spouses.

The practice of signing marriage contracts today is quite common, such agreements are of particular relevance in the case of registration of housing under a mortgage lending agreement, banks often recommend drawing up such a document and attaching it to the mortgage agreement.

This allows to avoid conflict situations, prevent illegal claims to property and minimize the number of situations involving fraudulent actions of one of the spouses.

If you do not know how to draw up a marriage contract correctly, then an example of filling out will help you a lot.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Samples and Forms

You can download the suggested type specimen and use it as a draft treaty, rewriting it for yourself. You can also see a photo of the marriage agreement of one famous couple:

The procedure for concluding an agreement

The procedure for signing a prenuptial agreement is acceptable exclusively on a voluntary basis, in the event of a common desire of present or future spouses (that is, the impact external factors or third parties, pressure and coercion to sign by one of the parties is unacceptable) and is not a prerequisite for.

If the parties have come to a mutual decision to sign a marriage contract in Russia, then the first step is to decide on the subject and draw up the text of the contract, the content of which is defined in Article 42 of the Family Code of the Russian Federation, it is also worth paying attention to Art. 44 of the RF IC to exclude cases of recognition of the document as invalid.

It is necessary to collect a package of documents, having previously visited a notary and specified the list necessary papers.

Documents that will be needed

Passport of each party;
Marriage certificate, if any (read about the restoration of the certificate);
Papers confirming the right to movable / immovable property, extracts with information about shares or shares in an LLC, etc .;
Receipts for payment of fees and notary services (it is better to find out the amount in advance, because it may vary depending on the location of the notary, the content of the contract and the costs of the notary's work).

The notary may request additional documents in case of doubts about the reliability of the information provided and the authenticity of the submitted documents.

Visiting a notary to certify a document is an integral part of the procedure for signing a marriage contract. More details about notarization and the cost of the service are described in.

The contract is signed by the parties personally(it is not allowed to sign such a contract by representatives, except in situations where one of the spouses is unable to sign due to illness or physical handicaps) in three (sometimes four) copies, one of which will remain in the notary's archive, and the other two are intended for one for each party.

The duties of a notary include clarification of the general meaning of the agreement in order to make sure that both parties correctly understand their rights and obligations. The notary is also required to read the main content of the agreement, and only then certify it.

To exclude the possibility of recognizing the contract or part of it as invalid, as well as to avoid disputes or conflicts, when drawing up the text of the agreement, one should be guided by the provisions of the Civil Code of the Russian Federation and the RF IC.

It should be noted that the marriage contract defines only property relations, without affecting personal ones.

Persons who intend to enter into marriage, act as subjects of the marriage contract.

General requirements

The text of the contract should be easy to read, it can be drawn up in any way that ensures the safety of the text of the document, that is, the use of a pencil when writing the text is not allowed.
The wording should not allow the possibility of ambiguity in their interpretation; Surnames, first names, patronymics, addresses, names of organizations, enterprises must at least once be written in the text of the agreement in full, without abbreviations;
Terms, amounts are written in numbers and in words;
Postscripts, corrections, erasures, etc. are not allowed;
The contract must be signed by each party personally, except in cases of illness, injury or physical handicap of the party. In this case, the representative of the party can sign, but then the notary must make a note about the reason for signing the contract by the representative.

Details contained in the contract

Name of the agreement;
Place, date of conclusion of the contract;
Full name of both parties, as well as their date and place of birth, address of residence and permanent registration, passport data;
Details of the marriage certificate (if any);
Number of copies of the contract.

Permissible terms of a prenuptial agreement

Definition of part or all of the property as joint. It is possible to attach lists of joint and personal property of each of the spouses to the contract.
Conditions on expenses, mutual maintenance or maintenance of other family members;
Ways of distribution of income: whether they will pass into shared ownership, or remain separate ownership;
Conditions determining the termination of property rights and obligations or their change;
Contract time.

Invalid contract terms

Limiting or excluding the right of one of the parties to apply to the court;
Regulating non-property relations of spouses;
Restrictions on the legal capacity of spouses and their legal capacity;
Establishing rights and obligations in relation to children.

How to account for a mortgage apartment?

When purchasing an apartment on a mortgage, the prenuptial agreement allows you to specify the size of the share for each of the parties with the obligatory indication of who and how much money (which is personal property) spent on the purchase of housing.

Additional information to be specified in the contract

Obligations of spouses to pay for housing and communal services and other services, as well as, regardless of the size monthly payments on a mortgage, an equal contribution to the expenses of the family and the maintenance of the child is stipulated;
Provided that only one of the spouses acts as the owner, it is worth pointing out that the second party does not have the right to claim a share of housing, and all expenses for paying interest on the loan, the loan body and other payments are fully borne by the borrower;
Indicate that the spouses do not have property claims against each other, there are no unfulfilled obligations.

The marriage contract is attached to the mortgage agreement, that is, you will need a copy or a fourth copy for the bank.

The terms of the marriage contract will enter into force only after the fulfillment of obligations under the loan and the withdrawal of real estate from collateral. When official divorce, the bank, as a rule, is ready to transfer the entire debt and the apartment in favor of one of the spouses, in this case it is possible, if necessary, to refinance the loan (to transfer the debt from the borrower to the second spouse).

Recognition of the marriage contract as invalid

In accordance with Art. 44 RF IC and art. 165-181 of the Civil Code of the Russian Federation, the court, on the basis of a statement of claim (in which it is necessary to indicate the consequences of recognizing the invalidity of the document), taking into account objective circumstances, may decide to declare the contract null and void if:

If during the preparation, reading of the text, signing of the document, at least one of the parties did not have the opportunity to control and realize their actions, i.e. took place alcohol intoxication or the spouse was under the influence medicines that affect the psyche and consciousness, etc.;
The marriage contract was signed as a result of a misunderstanding of its terms, understanding of their rights and obligations by one of the parties, that is, one of the spouses agreed to sign the documents under the influence of delusion;
The agreement was signed under pressure, there were threats, violence, deceit, or one of the parties at the time of signing the documents was in an extremely disadvantageous position and there are all grounds for recognizing the transaction as enslaving;
If one of the spouses is incapacitated.

In practice, there are also cases when an agreement is concluded to hide another transaction or for the sake of appearance, which will serve as the basis for recognizing the transaction as imaginary or feigned.

Document conditions that contradict the legislation of the Russian Federation cannot be contained, the foundations of morality and legality, it must be properly executed: that is, only in writing and with the assurance of a notary.

Grounds for termination of the contract

As for the issue of termination of the contract, this is possible in two cases:

By mutual agreement of the parties;
By decision of the court, if it was not possible to reach an understanding in the pre-trial order.

The court for making a decision on the termination of the marriage contract is guided by the provisions contained in the Civil Code of the Russian Federation, such a decision is possible:

If there are significant violations of the conditions prescribed in the contract by one of the parties;
If there is a significant change in circumstances, the occurrence of which was not possible to predict at the time of the conclusion of the contract, but could serve as a basis for refusing to sign such a document.
The text of the document contains a list of circumstances, the occurrence of which causes the termination of the agreement.

Without the involvement of the court, amendments to the contract can only be made subject to the agreement of the parties but possible at any time. The main condition for the entry into force of the changes is the correct execution of the document, similarly to the main document, it must be in writing and in without fail certified by a notary.

In the event that it was not possible to reach a mutual agreement on amending the agreement, one of the spouses is entitled to statement of claim and request to change, add or delete the terms of the contract according to judgment according to the grounds Civil Code RF. As a rule, changes are made if:

There is an occurrence of conditions that guarantee a change in the terms of the contract in accordance with the terms of the agreement itself;
Circumstances have changed, the reasons for the occurrence of new circumstances could not be overcome by the interested party, and the performance of the terms of the contract in the changed circumstances will entail damage to the interested party.

To draw up the text of the contract, it would be advisable to contact the legal service. recommended as much as possible describe in more detail all the terms of the contract, indicate the circumstances that will be a prerequisite for making changes or terminating the contract.