Marriage contract: how to conclude it and how not to make a mistake. Essential terms of a marriage contract

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"Electronic journal "Azbuka Law", 06/05/2017

A marriage contract is an agreement between persons entering into a marriage, or an agreement between spouses that determines the property rights and obligations of spouses in marriage and (or) upon its dissolution (Article 40 of the RF IC). The legislation does not contain an exhaustive list of conditions that must be included in a marriage contract. The parties determine them at their own discretion.

The main conditions of the marriage contract include the following conditions.

1. Ownership mode

With regard to property acquired by spouses during marriage, a joint ownership regime has been established (Article 34 of the RF IC). The common property of the spouses includes:

- Income of each spouse labor activity, entrepreneurial activity and results of intellectual activity, pensions, allowances received by them, as well as other cash payments that do not have a special purpose (amounts financial assistance, amounts paid in compensation for damage in connection with disability due to injury or other damage to health, etc.);

- movable and immovable things acquired at the expense of the joint income of the spouses, securities, shares, deposits, shares in the capital, contributed to credit institutions or other commercial organizations;

- any other property acquired by the spouses during the marriage, regardless of the name of which of the spouses it was acquired or in the name of which or which of the spouses contributed funds.

By a marriage contract, the ownership regime can be changed in relation to (Article 42 of the RF IC):

- all the property of the spouses;

- certain types of property;

property of each spouse.

A prenuptial agreement can establish:

- joint ownership regime (for example, specify that only a car will be considered joint property);

- shared ownership regime (indicate that the spouse will own, for example, only 1/3 of the purchased apartment);

- mode separate property(for example, when the property acquired by the spouses during the marriage will be the property of the spouse who acquired or registered it).

It is also possible to determine the property that will be transferred to each of the spouses in the event of a divorce (paragraph 3, clause 1, article 42 of the RF IC).

Note. A marriage contract can be concluded both in relation to the existing and in relation to the future property of the spouses (clause 1, article 42 of the RF IC).

2. Order common property m spouses

With regard to common property, the spouses have the right to provide in the contract for the types of property that can be disposed of by one spouse only with the prior consent of the other, for example: “One of the spouses has the right to purchase, sell, pledge jewelry only with the prior written consent of the other spouse.”

3. Rights and obligations of spouses for mutual maintenance

The marriage contract can provide for the rights and obligations of the spouses for mutual maintenance both during the period of marriage and after its dissolution (Article 42 of the RF IC). For example: “The husband is obliged to provide his wife with monthly maintenance in the amount of 50,000 rubles. per month until the children reach the age of 18.

4. Procedure for paying family expenses

There is no exhaustive list of family expenses. In practice, these include, for example, payment for housing and communal services, telephone, Internet services, food, clothing, medicines, travel vouchers.

The prenuptial agreement can provide for the degree of participation of each of the spouses in family expenses, for example:

- payment of certain types of expenses (for example, the husband pays for the maintenance of the car, and the wife pays for vacation and travel expenses).

5. Term of the contract

A marriage contract can be concluded for a fixed period or indefinitely (Article 42 of the RF IC).

It is possible to specify in the marriage contract that the validity of the contract is terminated from the moment of termination of the marriage, except for the obligations provided for the period after the termination of the marriage (for example, maintenance obligations for the maintenance of one of the spouses).

6. Notification of creditors about the conclusion, amendment or termination of the marriage contract

If some, including a significant part, of the common property of the spouses under the terms of the marriage contract becomes the property of the spouse who is not a debtor under the contract (for example, a mortgage agreement), the debtor spouse is obliged to notify his creditor of the conclusion, change or the termination of a marriage contract.

If this obligation is not fulfilled, the spouse is liable for his obligations, regardless of the content of the marriage contract (clause 1, article 46 of the RF IC).

How to conclude a marriage contract? >>>

Which ?

From foreign countries We have come up with the concept of marriage agreement(in everyday life - a marriage contract, sealed by the signature of two people). Everything related to its conclusion and execution is prescribed in Chapter 8 of the Family Code of the Russian Federation. Today, an agreement can be reached both before the registration of marriage, and at any time. convenient moment after the wedding.

In the first case, all points of the agreement between the spouses will come into force simultaneously with the stamping in the passport. When the contract was drawn up after, it is gaining force immediately. However, regardless of when a deal is signed between a man and a woman, this must be done in the presence of a notary. Otherwise, any interested party can easily question such a marriage agreement.

Decor marriage contract is purely voluntary. However, people often take this step, since its provisions have priority over legislation in a number of issues. In particular, you can independently indicate the property that will go to each of the family members upon divorce, and compliance with the principle of equality of shares is completely optional here. In addition, in the marriage agreement, the husband and wife have the right to determine their amount of alimony. enough to support the children. Finally, it is allowed to stipulate which things purchased during the period of family life are still the personal property of the husband or wife.

The marriage contract is concluded under two conditions: revocable and suspensive

The contract will be considered signed with a resolutive condition if its provisions provide for the termination of the agreement due to the occurrence of certain circumstances. For example, these may include divorce due to adultery, alcohol abuse, or a crime. Then the proportions according to which the division of the acquired property will take place are also negotiated.

The suspensive conditions that the marriage agreement contains mean that with the onset of certain events, loved ones have additional rights and mutual obligations. For example, when appearing in a family long-awaited firstborn the contract may provide that certain things become the personal property of the mother of the child.

The regulations today do not clearly establish the requirements for the terms of the marriage contract. It can contain either one single item or several dozen pages. Indeed, in addition to all issues with property, spouses or people planning a wedding have the right to discuss issues of mutual maintenance, raising common children, and a lot of other important points. In general, the filling of a marriage contract always depends only on the will of two people.

How to invalidate a marriage contract?

A prenuptial agreement, like any other transaction, is not immune from the fact that in the future it will not become invalid. To do this, the interested party must apply to the district court with a reasoned claim.

The court has the right to certify the invalidity of the marriage contract in the following situations:

when the provisions of the agreement significantly infringe the rights of the other party;
if the marriage itself subsequently becomes invalid;
when there is one of the grounds for the invalidity of transactions, provided for in the relevant articles of the Civil Code of the Russian Federation.

We will dwell on the last point in detail. If you follow the norms of the Civil Code of the Russian Federation, a transaction between spouses may lose its force. on the following grounds:

if the content of the clauses of the marriage contract directly contradicts the existing legislation;
when the requirements of the law were violated during the execution of the marriage contract (the agreement between the spouses was not certified by a notary, there are no signatures of the parties on it);
the marriage contract is executed for a purpose that is contrary to the law or the moral principles of society. Then the plaintiff must, for his part, provide the court with convincing evidence in support of the relevant facts;
an agreement between spouses may be imaginary, that is, concluded only for the sake of appearance. Typically, such a scheme is used when it is necessary to protect property from recovery by bailiffs or creditors;
a sham marriage contract (that is, one that is used as a cover for another contract) can also become invalid. For example, by means of such a document, a purchase and sale agreement that aims to evade taxes can be hidden;
a marriage contract may become invalid when it is proved that it was concluded under the influence of mental agitation, inadequate state or mental disorder. In a word, a person, when signing a deal, could not understand the meaning of his actions and manage them;
A marriage contract signed by an incompetent person will also be considered invalid. In this case, the legal process on his behalf will be conducted by an appointed guardian;
it is also possible to recognize a marriage contract due to the error that took place when it was signed. For example, one of the parties knowingly received distorted information regarding certain provisions of the transaction. And if it were not for her, the person would never have entered into an agreement on the terms offered;
the invalidity of the marriage contract may be the result of deceit, violence, threats, or an extremely difficult life situation. At the same time, illegal behavior can be manifested not only by the counterparty, but also by its representative.

Invalid marriage contract and statute of limitations

Here everything will depend on the reasons for which the marriage contract is called into question. For example, if its provisions contradict the law or it was signed in violation of legal norms, then you can go to court for three years from the date of execution of the contract (Article 181 of the Civil Code of the Russian Federation).

When the signing of the transaction between the spouses occurred under the influence of an error or delusion, then it can be recognized within a year from the moment when the relevant circumstances were discovered. The same one-year period is also applied when the birth of a marriage agreement is caused by the use of threats or violence against the opposite side. However, its course originates from the day when illegal actions ceased.

The concluded marriage contract can always be reviewed or terminated. The parties may take this step voluntarily or call on the court to help.

The court may change or terminate the marriage agreement in the following cases:

non-compliance with its provisions by the second party, which is of a material nature. This means that the violations must be such that they will not allow the injured party to get what she could claim under the contract;
a significant change in the circumstances by virtue of which citizens entered into a transaction among themselves. Moreover, if they could foresee such changes, the deal would not have been formalized at all, or it would have been signed with completely different clauses.

An agreement between spouses is also terminated by its participants when the events that led to its termination have occurred. In addition, the contract terminates after a divorce. Exceptions are cases when the agreement specifies the mutual obligations of two people after the dissolution of the marriage. If the parties decide to change or terminate the contract themselves, then they must also draw up the appropriate additions at the notary.

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Conditions for concluding a marriage contract

A marriage contract is a serious document. In order for it to have legal force and be an effective tool in the financial and property spheres of family life, it must be drawn up in accordance with certain conditions.

Conditions for the validity of a marriage contract

The main legal provisions on the marriage contract are established by articles 40-46 of the Family Code of the Russian Federation. Based on these legal norms, the following conditions for concluding a marriage contract can be deduced:

Parties to a marriage contract. A marriage contract may be concluded between a husband and wife who are in a legally registered marriage, or between a man and a woman who intend to enter into a legal marriage.
The moment of conclusion and entry into force of the marriage contract. The contract can be concluded either before marriage or during marriage. But not after the divorce! The marriage contract comes into force at the moment of signing and notarization of the contract, if it is married. If the contract is concluded before marriage, it will enter into force at the time of registration of the marriage.
Form of marriage contract. Mandatory - written form and notarization of the document.
The content of the marriage contract. A marriage contract may regulate exclusively property relations of spouses (future spouses). Some family and personal relationships are not regulated by a marriage contract! Violation of this condition entails the invalidity of the document.
Rules for changing or terminating a marriage contract. The conclusion of the marriage contract takes place on the basis of mutual consent. Therefore, it can only be changed or terminated by mutual agreement. Unilateral refusal to fulfill the terms of the contract is not allowed.

The above provisions are the main conditions under which a prenuptial agreement can be concluded and is valid. Failure to comply with any of the above conditions entails the recognition of the marriage contract as invalid.

What are the main conditions that can be included in a prenuptial agreement?

Above, we talked about the conditions for concluding a marriage contract. That is, about the requirements that the law imposes on the subject composition, the timing of the conclusion and entry into force of the contract, the form and content of the contract.

And now we will discuss what conditions of the marriage contract can be determined by the spouses to regulate their financial and property relations.

From the point of view of the theory of concluding civil law contracts, there are two types of conditions:

If the spouses have determined that the rights and obligations arise depending on a certain circumstance, the contract is concluded under a suspensive condition. For example, if one of the spouses purchases real estate on credit (suspensive condition), the other spouse is obliged to participate in the repayment of the loan and has the right to own real estate in proportion to the paid part of the loan (emergence of rights and obligations).

If the rights and obligations of the spouses are terminated depending on a certain circumstance, the contract is concluded under a resolutive condition. For example, if a spouse loses the right to own real estate and is not required to make regular loan payments, if due to objective reasons(illness, relocation, lack of work) cannot participate in the loan repayment.

In addition to circumstances, the emergence of rights and obligations may be associated with the onset of a certain date, the expiration of a period.

The main conditions of the marriage contract are provided for in paragraph 1 of Article 42 of the Family Code. This:

Determination of the property regime of the spouses (general joint, separate, shared);
Property that is the subject of a marriage contract (both existing and future);
Participation of spouses in the income and expenses of the family;
Rights and obligations for the mutual maintenance of spouses;
Division of property in a divorce.

In addition to the above conditions, other conditions may be determined by the spouses if they regulate property relations, do not contradict the law and do not violate the rights and freedoms of the spouses. For example, planning purchases, including on credit.

A marriage contract, as one of the types of civil law contracts, may contain conditions traditional for all documents of this kind, for example, the duration of the contract, the rules for termination and amendment, and liability for failure to comply with the terms of the contract.

Let's take a closer look at each of the terms of the marriage contract.

Ownership mode

The law defines the joint regime of property acquired by spouses in marriage. But after all, for this, a marriage contract is concluded in order to independently determine the regime of ownership (general joint, shared, separate). Moreover, a certain regime can be applied both to all existing property, and to each individual part of it. For example…

the spouses decided to apply the joint ownership regime only to property that was acquired before the conclusion of the marriage contract (for example, an apartment donated by parents for the wedding);
the spouses' shared ownership regime was applied to property purchased on credit, since each of the spouses bears a certain share of the loan obligation (for example, the wife pays 1/3 of the loan, and the husband bears the remaining 2/3);
the regime of separate property of the spouses was applied to all property that will be acquired in the future. It will belong to the spouse on whose funds it will be acquired and in whose name it is registered.

According to paragraph 1 of Article 42 of the RF IC, a marriage contract is concluded in relation to property that the spouses already have or to property that is or is expected to appear in the future.

The property of the spouses, which is the subject of a marriage contract, includes:

income of each spouse(income from labor, entrepreneurial, intellectual activity, pension and social benefit, other non-target cash payments;
property acquired by spouses(movable and immovable property, cash deposits, securities, shares in the capital of enterprises and organizations);

Read also: Communication of the child with the father after the divorce

It is important that the marriage contract contains a detailed list of all available property with distinctive characteristics (name, brand and model, registration number, cadastral number) and details of title documents.

Disposal of property

Spouses may provide rules for the disposal (sale, exchange, donation, bail) of common property. For example, it is possible to carry out any transactions only with the consent of the second spouse.

Rights and obligations for mutual content

Family law regulates the grounds for the emergence of the right to maintenance and the rules for its provision. However, spouses may specify other or additional grounds for the emergence of a right, indicate other obligations and provide for more rights. For example, you can specify that the husband is obliged to provide his wife with maintenance in the amount of 10,000 rubles per month until the children reach the age of majority.

Family income and expenses

If the sources of income in each family are approximately the same (salary, business income, pension or allowance, stipend), then expenses in different families can vary significantly.

Basically, spouses bear such expenses as rent, payment utilities, communication services, purchase of food, clothing and footwear, payment for treatment and purchase of medicines, payment for education, payment for recreation and entertainment.

In a prenuptial agreement, it is possible to determine the participation of each spouse in the expenses of the family, for example ...

equally;
in equal or different (in proportion to income) shares;
separately (each spouse bears a certain type of expenses)

Contract time

A marriage contract can be entered into either for a fixed term or indefinitely. The expiration of the contract can be determined by a specific date or by the occurrence of circumstances (for example, divorce). Some terms of the marriage contract remain valid even after the expiration of its validity.

Notification of creditors on the conclusion, amendment, termination of a marriage contract

If the spouses have creditors (for example, a bank), and hence obligations to creditors, the spouses are obliged to notify them of the conclusion, amendment, termination of the marriage contract, if its terms affect the interests of the creditor.

For example, if, under the terms of a marriage contract, property that is the subject of a loan agreement (for example, a mortgage apartment) passes into the ownership of one of the spouses, the creditor should be informed about this. Otherwise, the spouse will fulfill his obligations to the creditor, regardless of the terms of the marriage contract.

The procedure for amending the contract, terminating the contract

There is nothing eternal and unchanging. Spouses who have recently reached an agreement and entered into an agreement on certain conditions, after certain time may recognize the need to change these conditions. No problem! They can make changes to the contract or even terminate the contract at any time by giving this agreement a written form and notarizing it.

But unilateral refusal to fulfill the contract is impossible. If the spouse has good reason in order not to adhere to the terms of the contract, not to enjoy the rights and not to fulfill the obligations stipulated in the contract, you will have to go to court. If the court considers the reasons valid, the arguments convincing, the grounds legitimate, it may invalidate the contract, oblige the spouses to amend the contract or terminate it.

After all, it happens that the terms of a marriage contract restrict the legal rights or interests of one of the spouses or contradict the law. In such cases, the fulfillment of its conditions is meaningless or even harmful. For example, a prenuptial agreement cannot restrict the right of one of the spouses to apply to the court. Each spouse has this right.

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Marriage contract

Marriage contract. Conclusion of a marriage contract and its conditions. Change and termination of the marriage contract. Invalidity of the marriage contract.

Conditions for concluding a marriage contract

Marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage (Article 41, paragraph 1 of the RF IC). Depending on who - the persons who are going to marry, or spouses - concludes a marriage contract, the moment of entry into force of this contract is determined.

In case when conclusion of a marriage contract precedes the registration of marriage, the contract comes into force only from the moment of registration of marriage. Until the marriage is registered, the marriage contract will not enter into force (clause 1 of article 41 of the RF IC). In the case when the marriage contract is concluded after the registration of marriage - at any time during the marriage - it comes into force from the moment of its conclusion (clause 1 of article 425 of the Civil Code of the Russian Federation).

It should be noted that the conclusion of a marriage contract is not a condition necessary for registering a marriage, and the issue of concluding a marriage contract or refusing to conclude it is decided by the spouses or persons entering into marriage freely and independently, since this is their right, not an obligation. At the same time, it is mandatory to comply with the requirement that the marriage contract must express the general will of the persons, both those entering into marriage and those who are already spouses, that is, their unified will

Marriage contract may be placed under suspensive or under resolutive condition.

The marriage contract is considered to be made under a suspensive condition. if the parties have made the emergence of rights and obligations dependent on a circumstance regarding which it is not known whether it will occur or not (clause 1, article 157 of the Civil Code of the Russian Federation). For example, in the marriage contract, the spouses indicated that if their first-born son was born during the first two years of marriage, the ownership of the car acquired during the marriage would pass to the wife.

A marriage contract is considered concluded under a resolutive condition if the parties have made the termination of rights and obligations dependent on a circumstance regarding which it is not known whether it will occur or not (clause 2 of article 157 of the Civil Code of the Russian Federation). For example, in the marriage contract, the spouses determined that if the motive for dissolution of the marriage is the misbehavior of one of them ( adultery, drunkenness, etc.), then the division of property acquired during marriage will be carried out on the basis of the regime of shared, and not joint property, and the share of the guilty spouse will be less than that of the other.

The question of the volume of the marriage contract, then how many and what kind of conditions it will contain and which of statutory property rights and obligations to them will be settled, decided at the discretion of the spouses themselves or persons entering into marriage. For example, spouses can conclude a marriage contract consisting of just one clause: establishing a shared ownership regime for all property acquired in marriage, with a determination of the share of each of them.

Change and termination of the marriage contract

Changing the marriage contract and its termination is possible either by agreement of the parties, or by a court decision.

The court may change or terminate the marriage agreement in the following cases:

1. if a party has committed a material breach of its terms.
Violation of the contract by one of the parties is recognized as essential, which entails such damage for the other party that it is largely deprived of what it was entitled to count on when concluding the contract.

2. if happened significant change the circumstances under which they entered into the contract.
At the same time, a change in circumstances is recognized as significant when they have changed so much that, if the parties could reasonably foresee this, the contract would not have been concluded by them at all or would have been concluded on significantly different terms.

3. if the marriage contract itself contains indications of the circumstances under which it can be changed or terminated and these circumstances have occurred.

How to declare a marriage contract invalid?

In order to declare a marriage contract invalid in judicial order must file a relevant claim.

The court may invalidate the marriage agreement in the following cases:

- the terms of the contract put one of the parties in an unfavorable position;
- the marriage itself is declared invalid;
- there are grounds provided for in Articles 165-181 of the Civil Code of the Russian Federation.

If the first two cases are clear, then, as regards the norms of the Civil Code, they should be considered in more detail.
The recognition of a marriage contract as invalid is subject to special provisions that regulate the validity and invalidity of transactions.

What is a prenuptial agreement (contract)

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

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

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

The procedure for concluding a marriage contract

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

What conditions can be included in a marriage contract

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

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

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

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

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

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

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

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

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

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

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

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

What conditions cannot be included in a marriage contract

According to paragraph 3 of article 42 of the RF IC, a marriage contract cannot limit the legal capacity or legal capacity of the spouses, their right to apply to the court for the protection of their rights; regulate personal property relations between spouses, the rights and obligations of spouses in relation to children; provide for provisions restricting the right of a disabled needy spouse to receive maintenance; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law.

Given the popular questions regarding the terms of the marriage contract, it should be clarified that, based on the foregoing, clauses on marital fidelity and domestic responsibilities, such as the obligation of the husband to take out the garbage, and the wife to cook breakfast, lunch and dinner daily. It is also impossible to establish a reward for the birth of a child. However, by virtue of clause 2, article 4 2 of the RF IC, the rights and obligations provided for by the marriage contract may be limited to certain periods or made dependent on the occurrence or non-occurrence certain conditions. Thus, it is possible to prescribe, for example, that in the event of the birth of a child, the regime of separate property of the spouses changes to the regime of joint property.

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

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

Is it possible to change or terminate the marriage contract

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

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

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

What else do you need to know

Marriage contract and civil marriage

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

Marriage contract and agreement on the division of property

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

Invalidity of the marriage contract

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

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

The marriage contract regulates only the property relations of the spouses , and may not concern personal non-property rights and responsibilities of spouses. This means that a marriage contract cannot oblige the spouses to be faithful to each other, not to abuse alcohol, etc. However, it is possible to make the property relations of the spouses dependent on certain conditions, including those indicated above. For example, it is possible to provide for the right to receive monetary compensation in case of misbehavior of a spouse.

A marriage contract may not limit the legal capacity or legal capacity of the spouses and their right to sue. This means that it is impossible to oblige or forbid a spouse to get an education, work, live in a certain place, travel outside the country or city, etc.

Spouses cannot regulate their rights and obligations in relation to children by a marriage contract . Such relations can be regulated by a maintenance agreement, an agreement on the procedure for exercising parental rights, or another similar agreement.

A prenuptial agreement cannot contain conditions that put one of them in an extremely unfavorable position. . For example, it is impossible to transfer by a marriage contract all the property acquired during marriage to one of the spouses. Such an agreement may be declared invalid by the court at the request of one of the spouses.

A marriage contract cannot determine the fate of property in the event of the death of one of the spouses. The only way to dispose of property in the event of death is by making a will. Thus, it is impossible to include a condition in the marriage contract that in the event of the death of one of the spouses, all jointly acquired property will become the property of the other.

Form of marriage contract.

According to article 41 of the RF IC, a marriage contract is concluded in writing and subject to mandatory notarization .

A marriage contract might look like this:

MARRIAGE CONTRACT

____________ "__" _______ 20__

Citizen Russian Federation _________________________________

(Full Name)

and a citizen of the Russian Federation ___________________________________,

(Full Name)

entering into marriage for the purpose of settling mutual property rights and

obligations both in marriage and in the event of its dissolution, concluded

this marriage contract as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The spouses agree that all property acquired

spouses jointly in marriage, regardless of whose income it is

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 spouse prior to joining

into marriage, as well as property received by one of the spouses during

marriage as a gift, by inheritance or other gratuitous transactions

is his property.

1.3. By the time of the conclusion of this agreement, Mr. _______________

owns the following property:

Apartment with a total area of ______ sq. meters, located on

address: ____________________________________________________________;

Vehicle _________, Engine No. _____, body no. _______,

state number ___________, registered in ___________;

Furniture items according to the list attached to the contract;

Gold and silver jewelry, as well as jewelry from

precious and semi-precious stones according to the contract

Garage for a car located at ________________

____________________________________________________________________.

Gr. ____________________________________ by the time of conclusion

(Full Name)

The following property belongs to this agreement:

- _____________________________________________________________;

- _____________________________________________________________.

1.4. Common property acquired during marriage includes

income of each spouse from work,

entrepreneurial activity and results of intellectual

activities, pensions, allowances and other cash payments received by them,

not having special purpose. Ownership and use of common

property is carried out by mutual agreement.

1.5. The right to common property also belongs to the spouse who

during the marriage carried out household, care

children or for other valid reasons did not have an independent

1.6. Personal items (clothes, shoes and others),

with the exception of jewelry and other luxury items, although

acquired during the marriage common funds spouses

recognized as the property of the spouse who used it.

1.7. Special purpose income (amounts of material assistance,

amounts paid in compensation for damages in connection with the loss

disability due to injury or other damage to health and

etc.) are recognized as the property of the spouse to whom they are paid.

1.8. Spouses have the right to dispose of common property by mutual

consent. The consent of the spouse to the commission of a transaction with the other spouse

common property is assumed, unless the other spouse expresses

objections to the transaction before it is made. For transactions with

real estate (including apartments, residential and non-residential

premises, land plots, etc.), vehicles

and other property, transactions with which are subject to notarial

certificate or state registration, it is necessary

prior written consent of the other spouse. If the deal is

by agreement of the parties or by virtue of law is made in a notarial form,

the consent of the other spouse to such a transaction must also be

notarized. The prior written consent of the other

spouse is necessary when alienating and acquiring property, if

the transaction amount exceeds ________ rubles, regardless of the type of property,

in respect of which the transaction is being made.

1.9. At any time during the marriage of the spouses by mutual

agreement has the right to change the regime established by this agreement

joint ownership.

2. RIGHTS AND DUTIES OF SPOUSES

2.1. Each spouse is required to take due care of

joint property and property belonging to the other spouse,

accept everything necessary measures to prevent destruction or

damage to property, as well as to eliminate the threat of destruction or

damage, including - to incur the necessary expenses as for

account of common Money as well as other income.

Each spouse is obliged to respect the rights and legitimate interests of the other

spouse, established by this marriage contract and the law, as in

marriage, and after its dissolution,

2.2. Spouses are obliged to refrain from entering into risky

deals. Risky transactions are transactions that do not

obligations under which may lead to the loss of a significant part

joint property or to a significant reduction in income

spouses.

2.3. Each spouse has the right to use the property

the other spouse, who 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

property that belonged to him before marriage at his own discretion, however

spouses recognize income from such transactions as a common joint

property.

2.5. Each spouse is required to notify their creditor

(creditors) on the conclusion, amendment or termination of this

marriage contract.

2.6. In the event of a divorce, property owned by

spouses before marriage into a mass of property subject to division,

Excluded.

2.7. Upon the dissolution of a marriage, the common property shall be divided into

equal shares.

3. RESPONSIBILITY OF THE SPOUSES

3.1 Each spouse is responsible for

assumed obligations to creditors within

property belonging to him. In the absence of this property

the creditor has the right to demand the allocation of the share of the debtor spouse, which

would be due to the debtor spouse in the division of common property, for

foreclosure on her.

3.2. The spouse is not liable for transactions made

other spouse without his consent.

3.3. Foreclosure may be levied on common property only upon

common obligations of the spouses. In the absence of this property

spouses are jointly and severally liable for the said obligations

with their property.

3.4. Liability of spouses for harm caused to them

minor children, is determined by the Civil

legislation.

4. ENTRY INTO FORCE, AMENDMENT AND TERMINATION OF THE CONTRACT

4.1. This Agreement shall enter into force on the date of the State

marriage registration.

4.2. This agreement is subject to notarization.

4.3. The contract terminates at the time of the state

registration of divorce.

4.4. The spouses may, at any time, add to this Agreement

changes and additions. Unilateral refusal to execute this

contracts are not allowed.

4.5. All contentious issues that may occur during

the validity of this agreement, in case of failure by the spouses

consents are resolved by the courts.

Signatures of the parties:

_____________________

(signature)

Gr. ___________________________________________________________,

passport: series _______________, no. ___________, issued by ______________

____________________________________________________________________,

address: ______________________________________________________________

_____________________

(signature)

Practical section

Answer to problem 1.

The basic labor rights of underage citizens of Russia are enshrined in Art. 37 of the Constitution. Adolescents, like other citizens, have the right to freely dispose of their abilities to work, have the right to safe working conditions, wages, the right to rest and protect their labor rights.
In the Labor Code of the Russian Federation, Ch. 42 "Peculiarities of labor regulation of workers under the age of eighteen". In addition, a number of articles of the Code in one way or another regulate the issues of labor of minors.
Labor Code of the Russian Federation in Art. 63 establishes the minimum age from which employment is allowed, i.e. 16 years. There are three age exceptions to this rule.

First, in cases of receiving basic education or leaving, in accordance with federal law, a general educational institution, an employment contract may be concluded with persons who have reached the age of 15 years. In accordance with Art. 19 federal law dated January 13, 1996 N 12-FZ "On the introduction of amendments and additions to the Law of the Russian Federation "On Education", with the consent of the parents (legal representatives) and the local education authority, a student who has reached the age of 15 may leave a general education institution until he receives basic general education By decision of the governing body of an educational institution for committing unlawful acts, gross and repeated violations of the charter of an educational institution, students who have reached the age of 14 can be expelled from this educational institution. representatives), is accepted with the consent of the guardianship and guardianship authorities.On the exclusion of the student, the educational institution is obliged to inform the local authorities within three days, which, in turn, together with the parents (legal representatives) of the expelled within a month, take measures to ensure his employment or continuation learning in another educational institution.
Secondly, 14-year-olds may be hired under the following conditions:
1) work must not be contraindicated for the health of a minor;
2) the work must be done in free time from study and must not disrupt the learning process;
3) the consent of one of the parents (adoptive parent, guardian) to the labor of the child; consent of the guardianship and guardianship authority.
Thirdly, it is possible to conclude employment contract with persons under the age of 14, subject to the following conditions:
1) to participate in the creation and (or) performance of works in cinematography organizations, theaters, theater and concert organizations, circuses;
2) work must not cause damage to health and moral development;
3) the consent of one of the parents (adoptive parent, guardian) to the labor of the child; consent of the guardianship and guardianship authority.
As can be seen from the text of Art. 63 of the Labor Code of the Russian Federation, the minimum age for employment of adolescents has not been established at all, tk. It is stipulated that "the conclusion of an employment contract with persons under the age of fourteen years" is allowed. However, this does not mean that an employment contract can be concluded, for example, with a three-year-old child. First of all, age restrictions established for certain types of activities. So, participation in circus performances as aerialists is associated with reaching a certain age.
Employees under the age of 18 in labor relations are equal in rights to adults, and in the field of labor protection, working hours, holidays and some other working conditions, they enjoy the benefits established by the Labor Code and other acts of labor legislation. Thus, the scope of labor rights of adolescents is significantly greater than that of adult workers. This is achieved thanks to a number of benefits and guarantees provided to minors in labor legislation. In particular: shortened working hours; annual paid leave of 31 calendar days; the right to use annual leave at any time convenient for the teenager;

4) annual medical examination at the expense of the employer;
5) establishment of reduced production rates;
6) the employer has the right at the expense own funds make additional payments to the wages of minors admitted to piece work, up to the amount of the tariff rate for the time by which the duration of their daily work is reduced;
7) prohibition to use the labor of persons under 18 years of age in heavy work, in work with harmful or dangerous working conditions, and some other work;
8) prohibition to send to business trips, involve workers under the age of 18 in work at night and overtime, on weekends and non-working holidays (with the exception of creative workers mass media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance of works, professional athletes in accordance with the lists of professions established by the Government of the Russian Federation, taking into account the opinion of the tripartite commission on the regulation of social and labor relations) ;
9) restriction of the maximum norms for carrying and moving heavy loads;
10) a ban on terminating an employment contract without the consent of the state labor protection inspectorate of a constituent entity of the Russian Federation and the district (city) commission for minors and the protection of their rights.
Additional benefits for adolescents and youth may be established by collective agreements and agreements.
One of the prerequisites for the work of adolescents is its safety and harmlessness. Article 265 of the Labor Code of the Russian Federation names works where it is prohibited to use the labor of persons under 18 years of age. Thus, it is forbidden to use the labor of teenagers in hard work and in work with harmful or dangerous working conditions, in underground work, as well as in work, the performance of which may harm their health and moral development (in the gambling business, night cabarets and clubs, in the production , transportation and trade in alcoholic beverages, tobacco products, narcotic and toxic drugs). In accordance with the Federal Law of June 20, 1996 N 81-FZ "On state regulation in the field of mining and use of coal, on the features social protection employees of organizations of the coal industry" to perform heavy work and work with dangerous and (or) harmful conditions For work in the extraction (processing) of coal, males at the age of at least 18 years are allowed if they have a medical certificate confirming their fitness for health reasons to perform the relevant work.

The list of jobs for which teenagers cannot be accepted is approved by the Government of the Russian Federation. In particular, Government Decree No. 163 of February 25, 2000 approved the List of hard work and work with harmful or dangerous working conditions, in the performance of which it is prohibited to use the labor of persons under eighteen years of age. It includes 43 sections. In particular, these are the following works.
I. Works related to lifting and moving heavy objects manually.
II. Mining, construction of subways, tunnels and underground structures for special purposes.
III. Exploration and topographic and geodetic works.
IV. Ferrous metallurgy.
V. Non-ferrous metallurgy.
VI. Production and transmission of electricity and others.
It is prohibited for minors to carry and move weights that exceed the limits established for them. The maximum norms for carrying weights for minors were approved by the Decree of the Ministry of Labor of Russia dated April 7, 1999 N 7 "On Approval of the Norms for Maximum Allowable Loads for Persons Under Eighteen Years of Age When Lifting and Moving Weights Manually." First of all, it is fixed that lifting and moving weights within the specified norms are allowed if this is directly related to the constant being performed. professional work.
When moving goods on trolleys or in containers, the applied force should not exceed:
for boys 14 years old - 12 kg, 15 years old - 15 kg, 16 years old - 20 kg, 17 years old - 24 kg;
for girls 14 years old - 4 kg, 15 years old - 5 kg, 16 years old - 7 kg, 17 years old - 8 kg.
Labor protection of adolescents is also called upon to serve Sanitary rules and norms SanPiN 2.4.6.664-97 "Hygienic criteria acceptable conditions and types of work for vocational training and labor of adolescents, "approved by the Decree of the State Committee for Sanitary and Epidemiological Supervision of Russia of April 4, 1997 N 5. The adoption of the rules serves the following purposes:
determining the admissibility of using the labor of persons under the age of 18;
selection of jobs for vocational training of students of general education schools and vocational education institutions;
making changes and additions to the List of industries, professions and jobs with difficult and harmful working conditions, where it is prohibited to use the labor of persons under 18 years of age;
allocation of professions and types of work for the predominant use of adolescent labor and employment in their free time from study.
The Rules set out the following principles for determining safe activities for teenagers:
compliance with age and functional capabilities;
absence adverse influence on growth, development and health;
exception heightened danger injury to yourself and others;
accounting hypersensitivity organisms of adolescents to the action of factors of the working environment.
Importance in ensuring safe working conditions for adolescents, they have medical examinations of young people, provided for in Art. 266 of the Labor Code of the Russian Federation: persons under the age of 18 are hired only after a preliminary mandatory medical examination and are subject to an annual mandatory medical examination. The legislation of the Russian Federation may establish a higher age for annual mandatory medical examinations. Medical examinations of persons under the age of 18 are carried out at the expense of the employer. Medical examinations are obligatory measures for the administration and youth, therefore they must be carried out on the basis of an order of the administration within the time limits stipulated in it. Accordingly, failure to comply with such an order should be regarded as a disciplinary offense, entailing the imposition of a disciplinary sanction.

It is prohibited to send minor employees on business trips, to engage in night work, overtime work, to work at night, to work on weekends and non-working holidays. This rule is enshrined in Art. 268 of the Labor Code of the Russian Federation. As mentioned, nighttime is considered the time from 22:00 to 06:00 in the morning. Therefore, if a minor works on a shift schedule, then his evening shift can only last up to 22 hours. According to the law, overtime is understood as work performed in excess of the normal working hours. Since, on the basis of Art. 92 of the Labor Code of the Russian Federation, reduced working hours are established for minors (working hours are reduced by: 16 hours a week - for employees under the age of 16, 4 hours a week - for employees aged 16 to 18), then overtime work for them should be considered one that is performed in excess of the time established for adolescents in this organization.

Article 268 of the Labor Code of the Russian Federation also prohibits the involvement of adolescents in work on weekends, which, according to the conditions of production, may not coincide with Saturday and Sunday (with the exception of creative workers in the media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons participating in creation and (or) performance of works by professional athletes in accordance with the lists of professions established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations). Therefore, the above prohibition does not apply to weekends of the week, but to those days that, according to the shift schedule of the organization, are days of rest, free from work. This article, however, does not prohibit the involvement of minors in work on holidays, subject to the conditions provided for in Art. 113 of the Labor Code of the Russian Federation, and the corresponding remuneration for work on holidays.
The duration and procedure for granting holidays to minors is regulated by Art. 267 of the Labor Code of the Russian Federation. Working adolescents under the age of 18 are granted extended leave of 31 calendar days. At the same time, vacations are provided at a time of the year convenient for a teenager.

Special rules are established in the legislation when determining the norms for the production of minors. In accordance with Art. 270 of the Labor Code of the Russian Federation for workers under 18 years of age, the output standards are set based on the output standards for adult workers in proportion to the reduced working hours for persons under 18 years of age.

For workers under the age of 18 entering work after graduation educational institutions and general educational institutions of primary vocational education, as well as those who have undergone vocational training at work, in cases provided for by law, may be approved reduced rates workings. These norms are approved by the employer, taking into account the opinion of the representative body of employees. Thus, with equal intensity and productivity of labor for minors, the rate of output decreases in accordance with the duration of their working time.
Fundamentally an important factor labor is wages. In accordance with Art. 271 of the Labor Code of the Russian Federation, wages for employees under the age of 18 are paid taking into account the reduced duration of daily work (previously paid in the same amount as employees of the relevant categories with the full duration of daily work).

The work of workers under the age of 18 admitted to piece work is paid according to the established piece rates. The employer may establish for them, at their own expense, an additional payment up to the tariff rate for the time by which the duration of their daily work is reduced.
Remuneration for the work of students of general educational institutions, general educational institutions of primary, secondary and higher vocational education, working in their free time from study, is made in proportion to the hours worked or depending on output. The employer may establish wage supplements for these employees at their own expense.
Article 269 of the Labor Code of the Russian Federation establishes additional guarantees for employees under the age of 18 upon termination of an employment contract. It establishes that termination of an employment contract with employees under the age of 18 at the initiative of the employer (except in the event of liquidation of the enterprise), in addition to observing the general procedure for dismissal, is allowed only with the consent of the state labor inspectorate of the subject of the Russian Federation and the district (city) commission on minors and their protection rights.

Completes the chapter "Peculiarities of labor regulation of workers under the age of eighteen" Art. 272 of the Labor Code of the Russian Federation, defining legal basis employment of persons under the age of 18. An important element in the employment of adolescents is such an element of the labor market as job quotas. Paragraph 22 of Art. 50 of the Federal Law "On Education" establishes that the state provides quotas for jobs at enterprises for the employment of graduates, orphans, children with developmental and behavioral disabilities; develops and implements targeted programs to ensure the protection of the rights, protection of the life and health of children, and the protection of children from all forms of discrimination. The regulation on targeted contract training of specialists with higher and secondary vocational education, approved by Decree of the Government of the Russian Federation of September 19, 1995 N 942, determines the procedure for concluding contracts on targeted training of specialists. Targeted contract training of specialists is implemented on the basis of a student entering into a contract for a period of up to three years with a specific employer at the suggestion made by the head educational institution not later than three months before the student's graduation from the educational institution. The obligations of the parties, including forms of mutual responsibility, are determined by the contract.

The employer has no right to refuse to hire a young specialist under a previously signed contract. Such a refusal may be challenged in court. Legal liability for an illegal refusal to hire is established, in particular, by the Law of the Russian Federation of April 19, 1991 N 1032-1 "On Employment in the Russian Federation", which stipulates that in the event of a refusal to hire without good reason previously declared graduates of institutions of primary vocational, secondary vocational and higher vocational education, organizations make targeted financial contributions to the employment fund in the amount of the average earnings of an employee of this category for the year.
The courts pay special attention to the consideration of cases involving minors. So, in the resolution of the Plenum of the Supreme Court of the RSFSR of June 20, 1973 N 7 "On some issues that arose when the courts of the Russian Federation applied the legislation on youth labor" * (68) it is indicated that when considering labor cases, it is necessary to check whether one of parties to the legal relationship is a person who is subject to special rules governing the work of young people. To do this, in each individual case it is necessary to find out the age (year, month and day of birth) of the employee, as well as to establish when and in what order he was hired (after graduating from a vocational school, etc.).
Labor Code established a number of special guarantees and benefits for young people, singling them out among the special subjects of labor relations. In particular, an agreement on full liability cannot be concluded with minors; they cannot hold positions or perform work related to the storage, processing, sale (vacation), transportation or use in the production process of the values transferred to him. In order to protect health, minors are prohibited from working part-time.

These are the general rules for formalizing labor relations with an employee who has not reached the age of majority. Their observance is mandatory for all employers, and failure to comply with the relevant requirements established by labor legislation may result in administrative liability under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Answer to problem 2.

As statistics show, in European countries and the United States, the conclusion of a marriage contract is extremely popular. For Russia, the conclusion of a marriage contract is rather an exception than a rule. Many believe that the conclusion of a marriage contract or contract is a sign of a marriage of convenience, which is not right from the point of view of morality. Also, the term "conclusion of a marriage contract" implies that there are grounds for distrust of each other. And this is especially unacceptable for lovers.

Nevertheless, it is the existence of an agreement that eliminates omissions and conflicts in the divorce process. Spouses enter into a prenuptial agreement in order to peacefully resolve property disputes in the event of a divorce. The main task document is the concept of what will happen to the existing common property and how it will be divided upon divorce.

Conditions for concluding a marriage contract

Article 40 Family Code defines the concept of marriage. Russian legislation The conditions for concluding a marriage contract are very clearly spelled out. In particular, the sample contract requires compliance with the following conditions:

free will;
equality and consent of the parties;
personal involvement;
legal capacity of the parties;
registration at the notary;
registration of marriage by state bodies.

But it should be noted that the conclusion of a marriage contract cannot be a circumstance obligatory for the formalization of relations. The parties freely make a decision, which is considered their right, but by no means an obligation.

Mandatory conditions for concluding a marriage contract is an expression in the contract of the general will - a single expression of the will of the spouses.

The conclusion of a marriage contract may take place under suspensive or resolutive conditions:

suspensive conditions for concluding a marriage contract - the rights and obligations of the parties appear based on situations where the time of their occurrence is unknown (clause 1, article 157 of the Civil Code of the Russian Federation);
resolutive conditions for concluding a marriage contract - rights and obligations are terminated in the event of conditioned events, which may or may not occur (clause 2, article 157 of the Civil Code of the Russian Federation).

The scope of the terms of the document is determined by the spouses themselves. That is, a detailed schedule for each type of property is acceptable, or the conclusion of a contract with just one condition regarding the applicable property regime.

Documents required for concluding a marriage contract

The conclusion of a marriage contract requires the following documents:

passports of both parties;
marriage certificate, if any;
documentation confirming the ownership of the property.

It is advisable to prevent possible problems and, before submitting the documentation, check with the notary what documents are required. Sometimes a notary public requires the provision of additional papers. For example, an extract from the house book about all registered tenants in the discussed premises may be required. When one of the spouses runs their own business, an extract from the USRR may be required, proving the absence of arrests and encumbrances. Sometimes you will also need a bank statement, if there are obligations to it.

Not provided documents may be the reason for the notary's refusal to certify the marriage contract. In some cases, the lack of the necessary documentation determines the grounds for the impossibility of introducing provisions relating to certain types of property into the sample contract. It may turn out that the property is pledged to a bank or other creditor.

The procedure for concluding a marriage contract

What is the procedure for concluding a marriage contract? As usual, the conclusion of the marriage contract takes place before the official registration marital relations. A correctly drawn up document comes into force after the registration of marriage. But it is allowed to conclude a marriage contract even after the registration of relations - at any time while the marriage is valid, when there is consent of the parties. In this case, it is necessary to observe the procedure for concluding a marriage contract.

Prior to the registration of a marriage, only able-bodied persons may draw up a contract. Those are considered to be citizens who have reached the age of eighteen, and whose legal capacity has not been challenged through the courts. The procedure for concluding a marriage contract also involves the signing of it by minors, when their legal capacity is established as a result of emancipation to adulthood.

A marriage contract may be signed by minor spouses after marriage registration. By this procedure, they are recognized as absolutely capable citizens, who are accountable for their actions, giving their consent.

In order to comply with the established procedure for concluding a marriage contract, it is concluded in writing and must be certified by a notary. Moreover, the personal presence of the parties is necessary, signing the contract by proxy is prohibited. The document is prepared in triplicate - one for keeping with the notary and one for the spouses.

Form of marriage contract

In accordance with paragraph 2 of article 41 of the RF IC, the conclusion of a marriage contract is drawn up in writing with mandatory notarization. That is, the finished document expresses the true content of the transaction. The essence of the document should be clear and precise. Dates and dates are written in words. Contact details of the parties and full name are indicated in full in accordance with Article 45 of the Fundamentals of Legislation on Notaries.

The contract is sealed by the signatures of the spouses. Issuing a power of attorney for signing the contract by a third party is permissible only if there is a good reason (clause 3 of article 160 of the Civil Code).

The contract can be signed via electronic or facsimile communication in the manner prescribed by law (clause 2 of article 160 of the Civil Code). You can approve a document both at a public notary and at a private one. At the same time, the notary is obliged to check the compliance of the contract with legislative norms, identify the main problems and explain to the spouses the meaning and significance of the transaction.

Failure to comply with the notarial form of the contract is considered a reason for recognizing the invalidity of the agreement. The document will be considered void, which does not entail any legal consequences. It is important that agreements drawn up in the period from 01/01/1995 to 03/01/1996 on the basis of clause 1 of article 256 of the Civil Code are recognized as legal even without notarization. At that time, the Civil Code did not require a mandatory notarial form for marriage contracts.

A prenuptial agreement can be fixed-term (with a fixed term) or open-ended (without specifying a term). A fixed-term marriage contract terminates upon the arrival of the date specified in the contract. The property rights of the spouses are then regulated general rules UK on the legal property regime. An open-ended contract is valid as long as the marriage exists.

The peculiarities of concluding a marriage contract are that during the period of marriage, the agreement can be changed, supplemented, or terminated. Any modification takes place on the basis of the common will of the parties, is drawn up in writing and notarized. Unilateral refusal to fulfill the terms of the concluded agreement without notifying the other party is not permissible, just as one of the participants in the transaction does not have a special advantage.

Time and place of conclusion of the contract

The conditions for concluding a marriage contract do not provide for the exact time and place of its execution. The law allows you to draw up an agreement, both before marriage and at any period of family life. Some exception may be the age of the spouses. Minors can only enter into a contract after marriage. In accordance with Article 21 of the Civil Code, marriage confirms the onset of legal capacity for persons under the age of eighteen.

But whenever a marriage contract is concluded, it will only take effect after the registration of the marriage. That is, with regard to the time of imprisonment, it is not limited to a specific framework. It will become a legal document after the state registration of relations.

Regarding such a moment as the place of registration, there are also no strict restrictions. You can contact any notary office or a private notary. The place does not play any significant role, the main thing is that the form of the contract be certified by a notary in the legally established manner.

Separately, it is worth touching on the conclusion of a marriage contract in a civil marriage. Legal norms do not recognize civil partners as spouses. The prenuptial agreement is valid only for legal spouses. That is, it is not advisable for persons living in a civil marriage and not planning to officially register relations to conclude a marriage contract.

The cost of concluding a marriage contract

The cost of concluding a marriage contract includes, as a rule, such services as:

specialist advice;
drafting the text of the document;
clarification of all incomprehensible moments to the client;
modification of the clauses of the contract.

In general, the price of the contract includes the cost of notary services and the amount of payment to the lawyer who drafted and executed the document. The cost of notary services is mostly fixed. The assistance of a lawyer is often assessed on the basis of the price of the property in question.

On average, the cost of services at the conclusion of a marriage contract looks like this:

drawing up and negotiating an agreement - from five thousand rubles;
termination or change of conditions - from ten thousand rubles;
notarial certificate - from five thousand rubles.

The cost of a standard offer usually does not include the cost of collecting documentation. Although some firms offer the execution of the contract from start to finish, it may be a little more expensive to pay.

According to the Law of the Russian Federation "On the State Duty", the marriage contract is certified by a notary on a paid basis. At the same time, the Ministry of Finance of the Russian Federation explains that the cost is determined by the terms of the contract. The average amount for notary services is twice the minimum wages. When a notary draws up a form of a document on his own, an additional amount in the amount of one minimum wage is required to be paid.

Definition of the rights and obligations of spouses in a marriage contract

When determining the rights and obligations of the parties to the marriage contract, as usual, display the following nuances:

general provisions on the rights of participants in the transaction;
the rights of spouses to each other's personal property;
the procedure for notifying a bank or other creditor of the conclusion of an agreement;
list of property to be divided upon divorce.

Also, a sample can indicate the conditions for the mutual maintenance of spouses or determine the procedure for regulating joint expenses. The contract must also take into account the violation of the conditions of one of the parties. It is possible and should determine what kind of responsibility arises for failure to fulfill the obligations stipulated by the contract.

It is important to consider that the prenuptial agreement must not:

restrict the legal capacity or rights of the parties;
exclude the possibility of judicial protection of the legitimate interests of the party to the transaction;
regulate non-property issues;
determine the scope of parental rights;
restrict in any way a disabled spouse in receiving material support;
contain rules that infringe on the interests of one of the participants.

Property of the spouses in the marriage contract

For the property of spouses, there are legal regimes of separation and community. Community regimes are regimes in which all property is in common ownership and is subject to division after a divorce. At the same time, they distinguish:

the concept of limited (private) community - property acquired before marriage is not subject to division;
the concept of absolute (complete) community - all property is considered common, even if it was acquired before marriage.

There are two options for separate modes:

spouses agree in advance on the division of all property acquired in marriage, according to its ownership. At the same time, documentary evidence is required for any divisible property;
the separation regime applies only to separate property, for example, registered. So the one in whose name the registration was made will be considered the sole owner.

In relation to property not specified in the contract, the regime of common joint ownership will apply. This applies to property pledged to a bank or creditor. At the same time, according to clause 1 of article 36 of the RF IC, property received by one of the spouses as a gift, inheritance or other gratuitous transactions is not considered common property. Things for individual use are recognized as personal property, except for luxury items and jewelry (clause 2, article 36 of the UK).

Real statistics show that almost seventy percent of marriages entered into in Russia break up. This makes us think about the rationality of drawing up a marriage contract, the advantages of which are obvious. This document will eliminate possible problems - it will save you from quarrels, disputes and mutual hatred in the event of a divorce.

Marriage contract. Conclusion of a marriage contract and its conditions. Change and termination of the marriage contract. Invalidity of the marriage contract.

Conditions for concluding a marriage contract

Marriage contract may be placed under suspensive or under resolutive condition.

A marriage contract is considered to be completed under a suspensive condition if the parties have made the emergence of rights and obligations dependent on a circumstance regarding which it is not known whether it will occur or not (clause 1, article 157 of the Civil Code of the Russian Federation). For example, in the marriage contract, the spouses indicated that if their first-born son was born during the first two years of marriage, the ownership of the car acquired during the marriage would pass to the wife.

A marriage contract is considered concluded under a resolutive condition if the parties have made the termination of rights and obligations dependent on a circumstance regarding which it is not known whether it will occur or not (clause 2 of article 157 of the Civil Code of the Russian Federation). For example, in the marriage contract, the spouses determined that if the motive for dissolution of the marriage is the unworthy behavior of one of them (adultery, drunkenness, etc.), then the division of property acquired during the marriage will be carried out on the basis of the share mode, and not joint property, and the share of the guilty spouse will be less than that of the other.

The question of the scope of the marriage contract, how many and what kind of conditions it will contain and which of the property rights and obligations provided for by law will be settled by it, is decided at the discretion of the spouses themselves or the persons entering into marriage. For example, spouses can conclude a marriage contract consisting of just one clause: establishing a shared ownership regime for all property acquired in marriage, with a determination of the share of each of them.

Change and termination of the marriage contract

Changing the marriage contract and its termination is possible either by agreement of the parties, or by a court decision.

The court may change or terminate the marriage agreement in the following cases:

2. if there has been a significant change in the circumstances under which they entered into the contract.
At the same time, a change in circumstances is recognized as significant when they have changed so much that, if the parties could reasonably foresee this, the contract would not have been concluded by them at all or would have been concluded on significantly different terms.

3. if the marriage contract itself contains indications of the circumstances under which it can be changed or terminated and these circumstances have occurred.

How to declare a marriage contract invalid?

In order to recognize a marriage contract as invalid in a judicial proceeding, it is necessary to file an appropriate .

The court may invalidate the marriage agreement in the following cases:

The terms of the contract put one of the parties in an unfavorable position;
- the marriage itself is declared invalid;
- there are grounds provided for in Articles 165-181 of the Civil Code of the Russian Federation.

1. So a marriage contract, the content of which is contrary to the law (civil or family law), can be considered invalid.

2. Also, the contract is considered invalid if it was concluded for a purpose that is contrary to the foundations of morality and law and order, is a feigned or imaginary transaction. The main thing is to find relevant evidence confirming these circumstances, and it can be declared null and void by the court.
Thus, a prenuptial agreement can be qualified as a sham deal if it is concluded without the purpose of generating legal implications, that is, only to create the appearance of a transaction, to prevent foreclosure on property, for example.
Prenuptial agreements are often qualified as a sham deal if they are concluded to cover up other deals. For example, spouses put a contract of sale in the form of a marriage contract in order to avoid paying tax.

3. An invalid marriage contract is such if, as a result of consideration in court of the claim of the spouse whose legal rights and interests were violated by the conclusion of the contract, it is established that the spouse, as a result of a morbid (nervous) condition, alcohol intoxication, in other cases, did not understand the meaning of their actions or could not direct them.

4. If the spouse was incompetent at the time of the conclusion of the contract. If, after the conclusion of the marriage contract, the incapacity of the spouse is established by a court decision, then the guardian may represent his interests in court in a claim for the recognition of the marriage contract as invalid.

5. In addition, the misconception of one of the spouses regarding the essence of the transaction, which is essential for the signing of such an agreement, may serve as a basis for invalidating a marriage contract. For example, this is a wrong opinion formed by one side under the influence of the other.party to the transaction, as a result of which the person decided to conclude a marriage contract, which led to a violation of his rights and interests.

6. A marriage contract becomes invalid if it was concluded under the influence of a threat, deceit, violence, or a combination of grave circumstances. By the way, it is not at all necessary that the second party took part in this - if such actions come from a third party acting in the interests of the latter party, then in this case the court may also declare the marriage contract invalid.

Are you faced with the need to protect your interests in a dispute over a prenuptial agreement? Contact the lawyers of our Legal Center, and we will help you resolve this issue. Our specialists will conduct an oral or written consultation, help , collect evidence, and, if necessary, represent your interests in court.

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Prenuptial agreement, why do we need a prenuptial agreement?

Marriage contract - an agreement of persons entering into marriage, or an agreement of spouses that determines the property rights and obligations of spouses in marriage and (or) in the event of its dissolution.

One of the features of the marriage contract is its complex nature. It regulates two types of relations, namely: 1) the rights and obligations of spouses regarding property and 2) the rights and obligations for the mutual maintenance of each other. However, being a kind of civil law contract, the marriage contract at the same time has a very significant specificity - it differs from other civil law contracts: 1) by a special subject composition, 2) by subject and 3) by content.

A marriage contract can be concluded not only in relation to property in kind, but also in relation to property that will be acquired in the future. It can be concluded before marriage registration and at any time during the marriage. Thus, not all, but only part of the property rights and obligations of the spouses can be determined by the marriage contract.