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What governs the marriage contract? Drawing up a marriage contract. Moral rights and marriage contract

In most countries, a prenuptial agreement is used to resolve various conflicts and disputes during a divorce. By concluding it, the spouses can indicate in advance which of them bears greater responsibility for the financial support of the family, distribute property among themselves, which in the event of a divorce will be divided according to previously agreed upon conditions.

Basic information

In Russia, the concept of a marriage contract was introduced in 1996 with the adoption of the “Family Code” of the Russian Federation. It is intended, first of all, to settle property relations. Since the document is a transaction, it must be in writing and certified by a notary.

You can conclude a marriage contract both before and after marriage registration. But this cannot be done after a divorce or filing an application for divorce. If the contract is registered before the marriage, it comes into force after the marriage. If it was drawn up during the marriage, it takes effect immediately after notarization.

The rules for concluding, terminating and maintaining a marriage contract are regulated by Chapter 8 of the Family Code of the Russian Federation.


Concluding marriage contract, you must notify your creditors about it. This action is performed in order to eliminate the possibility of fraud. As practice shows, a marriage contract is sometimes used to transfer all one’s property to the second spouse in order to avoid paying a loan, taxes, etc.

The main provisions governed by the marriage contract are:

  • How exactly do spouses participate in generating income? That is, who contributes funds to the formation of the family budget and to what extent.
  • Rights and obligations of spouses regarding mutual financial support for each other. For example, a description of the conditions under which full or partial maintenance of one of the spouses is provided.
  • Rules for the disposal of property in the event of divorce. Points are prescribed regarding the division of property acquired jointly or acquired before marriage.
  • Forms of responsibility for expenses. For example, which spouse pays certain taxes.
  • A number of other issues that relate to the property of spouses.
All issues can be determined by timing or circumstances. You can determine the validity period of a condition by either specifying the date or fulfilling the condition. For example, after the birth of a child, this or that property becomes the joint use of the spouses, or after the husband reaches 45 years of age, the car becomes his property.

When concluding an agreement, it is important that not only the rights and obligations of each spouse in the area of ​​property relations are spelled out, but also that they are approximately equal. Thus, it cannot be stated that all property acquired both before marriage and during it, in the event of a divorce, remains to the husband, while the wife is left with nothing.


It is important to indicate which property belongs to the husband, which belongs to the wife, which of them goes to common property subject to one or another condition. For example, all things donated at a wedding belong to the spouse whose relatives or friends gave them to them, while those acquired during marriage belong to the person to whom they were registered.

Moral rights and marriage contract

A marriage contract cannot stipulate the non-property rights of the parties, including:
  • infringement of rights;
  • betrayal;
  • violence;
  • equality;
  • any financial incentives;
  • privacy;
  • regulating relationships with children.

Thus, the contract cannot indicate the responsibility of the spouses in the event of infidelity, or determine in advance which parent the child will live with in the event of a divorce. Moreover, if such a clause is specified in your contract, it may be considered invalid.

Basic property regimes

When concluding a marriage contract, the property regime is indicated. Highlight:
  • Joint . All property belongs equally to the spouses.
  • Share . For each spouse, his share in the ownership of the property is determined.
  • Separated . The property belongs to the spouse who acquired it with his or her income.
  • Mixed . Some of the property is joint, and some is personal. Most often used.

Document structure

The agreement has the following structure:
  • The name of the document and its number.
  • The city in which the paper was drawn up and the date of compilation.
  • Data of citizens entering into an agreement:

    FULL NAME.
    - Address.
    - Passport details.
    - An indication of whether the persons named intend to marry or are married. In the second case, the number of the marriage registration certificate is recorded.

  • The main part consists of four points:

    General provisions, which set out provisions on the ownership of property, the consequences of divorce;
    - Features of the legal regime of certain types of property, which indicates the right to own bank deposits, shares and securities, shares in property, jewelry and gifts, property acquired during marriage;
    - Additional condition. If necessary, the spouses stipulate the conditions for the entry into force of a particular clause. For example, in the event of a divorce, the apartment is received by the spouse with whom the child remains; after the birth of the child, the wife receives monetary support until the child reaches a certain age;
    - The final provisions contain information that the spouses are familiar with the consequences of violating the contract. The date of entry into force of the document, information about the notary who concluded the agreement are also indicated;

  • Signatures of the parties.
Here is a sample marriage contract for concluding:


When drawing up an agreement, study the legislation of the Russian Federation. The agreement must not contain conditions that contradict it. The essence of the document is stated precisely and clearly. Vague and unclear formulations are excluded. The numbers must be duplicated using letter designations, that is, verbally. The agreement is sealed with the personal signatures of the spouses.

The process of concluding a contract and its cost

To conclude an agreement you must:
  • Contact a lawyer who handles paperwork of this type, or familiarize yourself with the procedure for drawing up the document yourself. If you plan to contact a lawyer for help in drawing up a document, you will have to pay for his services in accordance with the prices he sets.
  • Pay a state fee of 500 rubles.
  • Contact a notary with your passports and a written agreement with the notary. Please note that the paper is prepared in triplicate. The notary may charge you a fee for Additional services. Please check the cost before concluding a contract.
  • If the marriage has been concluded, a marriage certificate is provided. In some cases, if the marriage has not yet been concluded, notaries require confirmation from the registry office that they have submitted an application for registration. This requirement is unlawful.
  • In the presence of both parties, the agreement is signed by each of the parties to the agreement and certified by a notary.
  • The notary issues a notarized agreement to each spouse.
  • One copy will remain with the notary.

Why is a contract needed?

We offer several main reasons for drawing up an agreement:
  • You determine in advance your rights and obligations to the property.
  • It is determined in advance which property becomes the property of the wife and which remains with the husband.
  • A correctly drawn up document helps to avoid legal disputes and proceedings related to the division of property.
  • A prenuptial agreement is one of the main ways to protect your property and business.

Change and termination

Changes are possible only with mutual consent of the parties. In this case, the spouses go to the notary again. To make changes or terminate the contract you must:
  • Express your desire to your second spouse.
  • Wait for his consent to carry out the actions you propose.
  • After this, go to a notary to certify either a new contract or cancel the old one.

Note that if there are creditors, it is necessary to notify them in advance about changes to the marriage contract.


Change or termination of the marriage contract in unilaterally only possible in court. To do this, you must first obtain a waiver from your spouse to amend the contract or terminate it. Then go to court with a claim for termination.

Cancellation of a document in court

Termination in judicial procedure possible in the following cases:
  • Violation of obligations by one of the parties. For example, one of the spouses prohibits the use of an item that belongs to joint property.
  • A change in the circumstances that served as the starting point for concluding the contract. For example, one of the spouses was obliged to support the family completely, but due to circumstances he lost his ability to work.
  • The terms of the contract that govern the process of document cancellation.
To terminate you must:

Video: Why do you need a marriage contract and how is it drawn up?

You can learn more about the conditions and features of concluding a marriage contract from this video. A lawyer will tell you how to draw up a document correctly and what to pay attention to when preparing it:



The conclusion of a marriage contract guarantees the protection of the property rights of spouses both during marriage and in the event of its dissolution. The paper is drawn up in writing and certified by a notary.

The marriage contract regulates property and financial relations families, and is quite uncommon for modern Russia. Nevertheless, the interest of the population, especially young married couples, in it is undoubtedly growing. This is partly due to the fact that, as such, the institution of the family is no longer as indestructible as in the distant past. Soviet times. Future spouses try to mentally prepare themselves for the fact that at any moment their other half can leave and take with them not only the years of their lives lived together, but also most of their property, which will entail financial problems.

Upon marriage, as well as spouses who are already certain time V family union, can conclude a family agreement at any time - a marriage contract. It regulates property issues of the family, between husband and wife, and moral and interpersonal relationships, issues of raising children are not regulated by this agreement. So, let's look at the pros and cons of a prenuptial agreement.

Positive and negative aspects of a marriage contract

Of course, if every married couple, entering into legal marriage, knew that this was forever, then there would be no need to enter into a marriage contract. But, on the other hand, a marriage contract regulates property relations in the family not only after a divorce, but also during cohabitation, and therefore may be needed directly during marriage.

There are also ardent supporters of a marital agreement, since the distribution of property rights and responsibilities, enshrined on paper and certified by a notary, disciplines many.
According to the norms of family law, property that a husband and wife acquired during their joint family life, it is considered their common property. During marriage, they must use it jointly, unless otherwise agreed between them.

What governs a marriage contract and why is it needed?

If there is no concluded agreement between husband and wife regulating their mutual financial position, then the following property of the spouses is considered joint joint:

  • income from labor and professional activities;
  • profit from business activities;
  • rights to the results of intellectual activity;
  • all types social payments(pensions, cash benefits);
  • cash, received in the form of non-targeted payments;
  • all types of movable and immovable property, provided that they were acquired with joint money;
  • securities and corporate rights.

If one of the spouses does not give permission to dispose of the common joint property, then the second has the right to object to the transactions concluded by him and declare them invalid. This can cause problems for each party, who will not be able to use their own hard-earned funds and the material things purchased with these funds as they wish.

In case of conclusion marriage agreement, spouses can set a regime joint ownership, shared, or divide the property for each of the spouses. Both existing property and those that will appear in the future may be subject to division. That is, with the help of a marriage contract, spouses can distribute property among themselves in advance, so to speak, just in case.

Do not forget that a marital agreement that is concluded between two loving people, is able to keep property in the family. Let us recall that if the property regime established by the agreement determines that the personal property of the wife or husband, for example, an apartment, is his personal property, then the creditors of the second party do not have the right to seize it on the basis that it is joint property.

Opinion against prenuptial agreement

There is an opinion, quite justified by modern realities, that a prenuptial agreement completely eliminates trusted and close relationships. emotional relationships between a married couple. Although the contract itself does not affect interpersonal relationships, it nevertheless affects the psychological climate in the family. Many Russians think so. Those whose interests were not taken into account when signing it can also object to the marriage contract. In this case, it may be subsequently challenged.

“...Maybe at the very beginning of family life, a marriage contract looks like distrust between people, but later it eliminates many problems...” - some average residents of the country believe. But let's not forget that the mere existence of an agreement has never saved anyone from litigation.
Moreover, if the marriage contract regulates only property relations in the family, then problems can arise both in its presence and in its absence, especially if the husband or wife divides the jointly acquired property during a divorce through the court.

But on the other hand, nothing “tests” feelings and true motives human heart as an offer to sign a marriage contract. If a person loves, then it will not matter to him whether to sign a marriage contract or not. But those who pursue selfish motives and strive to profit from someone’s well-being will certainly begin to manipulate the concepts of “love and money are incompatible” and will oppose the marriage contract. At least, this is the opinion of psychologists.

You should not replace the concept of benefit with the concept of forced circumstances. The marriage contract itself cannot be against family values, exactly like his absence. When a husband and wife intend to live their whole lives together and protect the property and financial interests of their future children from unscrupulous people, business competitors, dishonest creditors, then an agreement can be extremely appropriate, for which it is worth signing a favorable document. If a person is inherently dishonest, then he will find a way to deceive his other half even without an agreement concluded on paper.

Unconditional negative side is a contract inconsistency modern realities. The provisions of family law do not so broadly describe its capabilities and features legal regulation, so all hope lies only in judicial practice.

Problems of application of a marriage contract and its execution

The mere existence of a written agreement between spouses cannot oblige the party to this agreement to act in the legal field. If the contract is not fulfilled by a party or parties, then there are several possible ways to solve this problem.

Firstly, the transaction can be terminated by the spouses at any time, according to mutual consent. Unilateral refusal of a transaction is prohibited by law.

Secondly, if the party to the agreement is not satisfied with something, there is always the opportunity to make changes to the text of the agreement by drawing up additional document, which is also subject to notarization, like the contract itself.
If the side marital relations does not fulfill or improperly fulfills the terms of the contract, you can always go to court to force you to fulfill your obligations under the concluded transaction. It is also possible to terminate it in court or partially change it.

Negative sides transactions between spouses, as a rule, emerge in connection with numerical gaps and conflicts in the current legislation. On the one hand, the contract does not regulate the property interests of children and other family members, which may negatively affect their future in the event of a divorce. On the other hand, it may provide for a clause on the payment of monetary compensation in a certain amount for the side of the relationship with which the children remain. We should not forget that a marital agreement that violates the rights and interests of any party to this agreement may be declared invalid in whole or in part by the court.

Another problem with the application of the rules of the marriage agreement is the dispute over its compensation. Neither scholars nor judges have yet reached a consensus on whether a contract between a married couple is for compensation. After all, if legal relations concern family issues, then tax legislation does not apply to such relationships. But what to do if the terms of the contract provide for the transfer of this or that property into the ownership of the other spouse. In this case, he will be the acquirer of the property, and by law must pay taxes on the acquisition. It is probably worth highlighting the features of paid or gratuitous acquisition of property. The result is such a controversial picture that in the event of a transfer of property from one spouse to another in exchange for monetary or other financial compensation, such a transaction is of a compensated nature and must be regulated by the norms of civil and tax legislation. If the property was transferred to the husband/wife free of charge, then, accordingly, the other party did not receive any benefit from this, and therefore we can say that this transaction is free of charge. Although, there is no consensus among legislators on this issue. This gives the right to assert a kind of conflict in the rules of law.

Summarizing

We can come to the conclusion that there are no definite advantages and openly obvious disadvantages of an agreement between a married couple. For any person who thinks rationally, there will be a question about the convenience and ability to terminate the concluded agreement at any time. Moreover, the reality today are constantly changing, because everyone wants to leave something constant and unshakable - family relationships. Some, supporters of the contract, believe that it helps to maintain transparency and openness in relations, that they say, there is no need to wait for a “knife in the back.” Others, supporters of romance, believe that dry numbers, calculations and documents will worsen family idyll in a relationship. Lawyers, for the most part, agree that a marriage contract can become useful tool protection of property and interests of two individuals who are in family legal relations with each other, which cannot be said about the legal regime of property.

Family code The Russian Federation, which came into force on March 1, 1996, reflected in its content a new legal institution for domestic legislation - the institution of a marriage contract. In this regard, spouses, as well as persons just intending to get married, are given the opportunity to change by concluding a marriage contract legal regime of their property, adapting such a legal regime to their own needs, and, in addition, determine for yourself other property rights and obligations that the law allows to be reflected in the content of marriage contracts.

According to Article 31 of the Family Code of the Russian Federation, issues of family life are resolved by spouses jointly based on the principle of equality of spouses.

To relations arising between spouses regarding joint property, family law establishes two possible legal regimes for the property of spouses - legal and contractual.

According to Art. 40 of the RF IC A marriage contract is an agreement between the persons entering into marriage or an agreement between the spouses that defines the property rights and obligations of the spouses in the marriage and (or) in the event of its dissolution.

This agreement is free of charge.

A prenuptial agreement is an agreement;

— subjects are persons entering into marriage or spouses;

- the duration of the contract - during the marriage and (or) after its dissolution.

It regulates two types of relationships,

1) rights and obligations of spouses regarding property

2) rights and obligations to mutually support each other.

In accordance with Art. 41 of the RF IC, a marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage.

The marriage contract must be concluded in writing and notarized.

A marriage contract concluded before the state registration of the marriage comes into force on the date of state registration of the marriage.

Non-compliance provided by law form leads to invalidation of this agreement. .

In accordance with the provisions of Art. 42 IC RF marriage contract spouses have the right to change the regime of joint property established by law, establish a regime of joint, shared or separate property for all property of the spouses, for its individual types or for the property of each of the spouses.

A marriage contract can be concluded both in relation to the existing and in relation to the future property of the spouses.

At the same time, the contract must reflect that when concluding it, the parties are guided not only by the norms of the Civil Code of the Russian Federation, but also by special norms established by family law, in particular the above-mentioned article. 42 IC RF.

Spouses have the right to determine in a marriage contract their rights and obligations for mutual maintenance, ways of participating in each other’s income, and the procedure for each of them to bear family expenses; determine the property that will be transferred to each spouse in the event of divorce, and also include in the marriage contract any other provisions relating to the property relations of the spouses.

The rights and obligations provided for in a marriage contract may be limited certain deadlines or be made dependent on the occurrence or non-occurrence of certain conditions.

A marriage contract cannot limit the legal capacity or capacity of the spouses, their right to go to court to protect their rights; regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children; provide for provisions limiting the right of a disabled, needy spouse to receive maintenance; contain other conditions that place one of the spouses in an extremely unfavorable position or contradict the basic principles of family law.

A marriage contract cannot regulate personal non-property relations of spouses, their rights and responsibilities as parents.

An agreement containing such conditions may be declared invalid in whole or in part by a court.

According to Art. 43 of the RF IC, a marriage contract can be changed or terminated at any time by agreement of the spouses.

An agreement to amend or terminate a marriage contract is made in the same form as the marriage contract itself.

Unilateral refusal to execute a marriage contract is not allowed.

However, at the request of one of the spouses, the marriage contract may be changed or terminated by a court decision on the grounds and in the manner established by the Civil Code Russian Federation to amend and terminate the contract.

In accordance with Part 3 of Art. 43 of the RF IC, the validity of the marriage contract is terminated from the moment of termination of the marriage, with the exception of those obligations that are provided for in the marriage contract for the period after the termination of the marriage.

For example, during the marriage, the spouses concluded a prenuptial agreement, in which they indicated that the funds that were their common property and deposited in the bank in the name of the husband, after the expiration of the bank deposit agreement, became the property of the wife. Thus, if their marriage was dissolved, the marriage contract accordingly lost force, and the bank deposit agreement continues to be valid.

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

In addition, the court may also invalidate a prenuptial agreement in whole or in part at the request of one of the spouses if the terms of the agreement place that spouse in a severely unfavorable position.

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What should not be included in a prenuptial agreement?

When a marriage contract is concluded, you need to remember that there is a list of conditions that under no circumstances should be included there.

1) a marriage contract cannot limit the legal capacity and capacity of spouses (future spouses).

This means that a marriage contract cannot contain provisions that limit the right of one of the parties to work, choose a profession, obtain an education, freedom of movement, etc.

For example, a husband does not have the right to oblige his wife to leave work and take care of business. household for the fact that he provides her with maintenance. Each of the spouses is free to choose their occupation, profession, place of stay and residence (Article 31 of the Family Code of the Russian Federation).

2) a marriage contract can only be concluded regarding the property relations of the spouses.

Personal property relations cannot be the subject of a marriage contract. This means that a marriage contract cannot oblige spouses to love each other, to keep marital fidelity, do not abuse alcoholic drinks, do not lead an idle lifestyle, etc.

So, for example, in a marriage contract you can provide for the right of one of the spouses to compensation for moral damage in the event of unworthy behavior of the other spouse (adultery, beatings, etc.) or establish the husband’s obligation to give gifts to his wife mink coat depending on the birth of the child. Thus, despite the fact that the marriage contract regulates only the property legal relations of the spouses, their emergence or termination may be made dependent on conditions of a non-property nature.

3) spouses cannot regulate their rights and obligations in relation to children by a marriage contract.

This means that the marriage contract cannot establish that in the event of a divorce the child will remain with the father or mother, or establish the procedure for communication between parents and children in the event of divorce.

The restriction of the law is fair, since it is unacceptable to equate a child with a thing. At the same time, the Family Code provides for the possibility of parents concluding special agreements on establishing the place of residence of children when living separately parents and the procedure for implementing parental rights a parent living separately from the child.

In the absence of such agreements, these issues, in the event of a dispute, are resolved by the court, based on the interests of the child, with the participation of the guardianship and trusteeship authorities.

Parents also have the right to enter into a separate agreement on the payment of alimony for the maintenance of minor children. However, it should be borne in mind that all of these agreements are independent in nature and are concluded regardless of the presence or absence of a marriage contract. The marriage contract may stipulate the responsibilities of the spouses to bear the costs of raising and educating children.

4) a marriage contract cannot limit the right of a disabled spouse in need to receive maintenance.

Since, in accordance with the law, spouses are obliged to financially support each other, and in the event of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the disabled spouse in need has the right to demand the provision of alimony from the other spouse in court (Article 89 of the Family Code). No waiver of this right is valid.

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A marriage contract cannot regulate personal

A marriage contract also cannot regulate the personal non-property relations of the spouses. This is due to the fact that a marriage contract can only include those rights and obligations that, in case of non-fulfillment, can be enforced.

The marriage contract also cannot contain conditions aimed at limiting the right of a disabled spouse in need to receive alimony.

In relation to a marriage contract, there is another specific limitation: the marriage contract must not place one of the spouses in an extremely unfavorable position. Otherwise, it is a voidable transaction and can be declared invalid upon the claim of the spouse whose rights were violated. The need for such a special basis is due to the fact that a marriage contract is closely related to the personal relations of the parties. As a result of this, abuses of rights are possible, due to which one of the parties, under the influence of purely personal factors: feelings of attachment, personal dependence, excessive trust in the other party, will sign an agreement that will subsequently lead to a significant violation of its rights. Agreements that place one of the parties in an extremely unfavorable position should be considered agreements according to which one of the spouses completely renounces the rights to property acquired during marriage, transfers his premarital property to the other spouse, and similar agreements. This condition is not identical to the rule providing for the possibility of invalidating a civil transaction concluded by a person under the influence of a combination of difficult circumstances on extremely unfavorable conditions for himself, although it is also, in principle, applicable to a marriage contract. IN in this case there is no need to prove the existence of difficult circumstances; the very fact of placing one of the spouses in an extremely unfavorable position is sufficient.

A marriage contract should also not contradict the basic principles of family law. This provision of the law opens up significant scope for judicial discretion. The main principles of family law that can be applied in this case in accordance with Article 2 of the Law of the Republic of Kazakhstan are “state protection of the family, equality of spouses in the family, ensuring priority protection of the interests of disabled family members.” If any of these principles are violated, the marriage contract can be challenged by the interested spouse. Based on a violation of the principle of family protection, the state may invalidate the terms of a marriage contract that encourage dissolution of the marriage, for example, by creating a property interest of one of the spouses in the divorce. The principle of equality between spouses may be violated by conditions that place one of them in an extremely unfavorable position.

The marriage contract can be changed or terminated at any time by mutual consent of the spouses. An agreement on such change or termination must be made in writing and certified by a notary. Unilateral refusal to execute a marriage contract is not allowed.

If the marriage contract is not terminated, it is valid until the termination of the marriage.

If the marriage contract contains provisions governing the relations of the spouses regarding the division of property, they also, as a rule, apply after the termination of the marriage. A prenuptial agreement can also determine the procedure for using property after divorce. With the termination of the marriage, the contractual regime of property ceases. All property acquired from this moment belongs to the spouse who acquired it. This situation is explained by the fact that only spouses have the right to establish a contractual property regime for themselves, and from the moment of divorce they are no longer such.

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What should not be included in a prenuptial agreement

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A prenuptial agreement is an agreement between persons who have entered into or are about to enter into marriage, which defines the property rights and responsibilities of the spouses during the marriage or in the event of divorce.

For Russian society, to this day, a marriage contract is still exotic. Moreover, ordinary people often have a far from true understanding of why a marriage contract is concluded and what can be regulated by it.

The general thing you need to know about the content of a marriage contract is that it can only regulate the property relations of the spouses.

1. A marriage contract cannot contain conditions limiting the legal capacity or capacity of the spouses, their right to go to court to protect their rights;

2. A marriage contract cannot contain conditions aimed at regulating personal non-property relations between spouses, the rights and obligations of spouses in relation to children;

3. The marriage contract cannot include provisions limiting the right of a disabled, needy spouse to receive maintenance;

4. A marriage contract cannot contain any conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law.

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Men's rights

Down with discrimination against men!

Marriage agreement in the Russian Federation

Why doesn't a marriage contract work in Russia?

Looking at the Family Code, we will see that there is a whole chapter dedicated to the marriage contract: “CHAPTER 8. CONTRACTUAL REGIME OF SPOUSES’ PROPERTY

If you study Articles 40-44 of the Family Code, you get the feeling that our legislators introduced a marriage contract (marital agreement) only nominally, for show, without actually giving it real force. They introduced it, but were afraid that men would be able to protect their interests with the help of the database? It turns out that way. Or rather, they were afraid to deprive women of the opportunity to legally rob men and force them to bear responsibility for their actions in marriage. Judge for yourself.

Firstly, the database can only regulate property issues, and even then, not all of them.

Secondly, Art. 42 and 44 of the IC contain very broadly interpreted wording of the conditions for recognizing the BC (or part of its clauses) as invalid (void): “A marriage contract cannot... contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law.”

The concept of “extremely unfavorable situation” is an evaluative category and is not disclosed by law, which means that in judicial practice A broad interpretation of this concept and, accordingly, “judicial discretion” are allowed.

What is “severe disadvantage”? For some, this is the lack of basic funds for food, and for others, it is the deprivation of a second car and a villa. How to interpret this condition? Only the judge can decide. Let me remind you: about 85% of judges are women, very often divorced. Whose side do you think the judge will take if the ex-wife confirms the “extreme disadvantage” for her of being deprived of residence in your living space (which, in theory, is protected by the marriage contract) with a stream of tears and hysterics? The question is rhetorical.

Moreover, paragraph 15 of the Plenum Resolution Supreme Court RF dated November 5, 1998 No. 15 “On the application of legislation by courts when considering cases of divorce” literally reads:

“If the marriage contract changes the regime of joint ownership established by law, then the court, when resolving a dispute about the division of property of the spouses, must be guided by the terms of such agreement. It should be borne in mind that, by virtue of clause 3 of Article 42 of the RF IC, the terms of the marriage contract on the regime of joint property, which put one of the spouses in an extremely unfavorable position (for example, one of the spouses is completely deprived of the right of ownership of property acquired by the spouses during the marriage) may be declared invalid by the court at the request of this spouse.”

“Excuse me, but what is the point of a marriage contract anyway?” - the reader will exclaim. We address this issue to the legislative branch.

Thirdly, the clauses of the marriage contract cannot “contradict the basic principles of family law.” What does it mean? This means that all other articles of the Family Code are superior in status to any marriage contract.

What issues does not a prenuptial agreement resolve? Yes, in fact, none of those vital for men!

You cannot stipulate in it who the child will remain with in the event possible divorce, you cannot determine the order of his communication with the second parent and the costs of maintaining the child. It is impossible to prescribe, say, responsibility for adultery, false paternity, refusal to live with a spouse, unilateral initiative for divorce, etc.

“A marriage contract cannot... regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children” (Article 42 of the Family Code)

So, we draw a conclusion that is of little comfort to men: the presence of a marriage contract in the Family Code does not at all change the clearly expressed anti-male nature of the Family Code and law enforcement practice and does not give a man the opportunity to protect his interests in an official marriage.

The marriage contract is a fiction soap bubble, a “cardboard fool”, a pathetic attempt to formally imitate the legislation of Western countries.

After lengthy discussions with colleagues in the Men's Movement, we came to the following recommendation for men who still want to join official marriage: “Be sure to have a prenuptial agreement, but don’t rely on it entirely.” A prenuptial agreement may become additional means insurance, but it is certainly not the main tool for protecting your interests. Do not acquire property in your name during marriage, do not open bank accounts. Remember the insidious wording “if the terms of the contract put this spouse in an extremely unfavorable position” and the fact that the courts in our country too often take the side of the woman.

The only one for real effective way to protect your property from women's attacks - not to enter into an official marriage, the very dubious expediency of which for a man is a topic for a separate big conversation. Although we note that Ukrainian legislation equates civil marriage to the official, similar initiatives are already voiced in our country by well-known “defenders of the interests of women and the family.”

What is left for men to do? Probably buy expensive property solely in the name of your parents. We address the question of why, given such horrifying statistics of divorces, the majority of which are initiated by women, men are forced to resort to such tricks to simply protect their property interests, we address it to the legislative branch.

Editor of the Men's Movement Digest

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Protect yourself and your property. The agreement regulates the material relations of the spouses. He protects from unnecessary problems. If you doubt the need to enter into a family agreement, read the article.

What regulates and how does a marital contract work?

A marriage contract is concluded by both couples with a significant difference in income and financially equal partners. This is explained by the fact that everyone wants to keep part of what they acquired during marriage.

Family agreement resolves quickly and painlessly. The contract outlines the rights and obligations of persons, as well as a list of punishments that await a violator of the terms.

The absence of a contract makes the wealth acquired by husband and wife common, and it is divided between them in equal shares. But there is an exception - it belongs to one partner and cannot be divided.

In a prenuptial agreement, the share of each spouse is strictly specified. It is possible through the court, but this does not always work out.

Objects of jointly acquired property include:

  • income of both spouses from work;
  • profit from business;
  • pensions, state benefits and other social benefits;
  • rights to intellectual property results;
  • all property purchased with joint money;
  • funds received as non-targeted financing;
  • securities.

Thus, the contract in legal order regulates:

  • existing property of partners before marriage;
  • wealth acquired after marriage;

It is allowed to include any conditions regarding property relations in a marriage contract, for example:

  • income distribution;
  • expense management;
  • mutual content mode, etc.

The contract excludes the following:

  • oppression of the legal capacity or capacity of the parties;
  • regulation personal relationships between spouses and their children;
  • provision of a provision limiting the right to receive financial assistance, if ;
  • the content of other provisions that put one of the parties to the contract in a critical position.

This document is implemented in written form. It must be registered with participation. It is issued in three copies: for the husband, wife and the archive of the notary district. Abroad 65% married couples sign a marriage contract.

In Russia, few are convinced of its necessity, but this institute is gradually gaining popularity. The contract prevents married persons from committing rash and dishonest acts. Disagreements in the financial sphere do not bypass any couple.

When does the marriage contract come into force: on the day of signing or after state registration of the marriage?

You can draw up a marital agreement before and. Prerequisite for unmarried persons - they must submit .

The contract comes into force as soon as the marriage is formalized by the state.

Regardless of how long has passed since the wedding, spouses can write a prenuptial agreement. It will begin to operate from the moment of signing or from a certain date specified in the agreement.

Property differences often become the cause of conflicts. A prenuptial agreement in which all financial aspects are stipulated will help prevent this.

Validity of a marital agreement entered into before the wedding

Newlyweds who decide on a marriage contract must first agree on all property relations between themselves. After the text has been prepared, it is necessary contact a notary and sign the completed document.

After registration at the registry office, the family agreement comes into force. Its effect lasts as long as the marriage exists.

However, when concluding a transaction, a termination date for all or part of the agreements may be specified. In this case, the document or some of its clauses cease to be valid from the specified date. After a divorce, the obligations that are provided for in the family contract after the dissolution of the marriage continue to apply.

By mutual agreement of the spouses family contract can be changed or terminated. Refusal by one of the parties to fulfill the terms of the agreement is unacceptable and is subject to sanctions. This can only be done by filing a claim in court.

The contract regulates more than family matters. If the contract stipulates the regime of separate property, then what was acquired during the marriage remains with the one who earned it.

Without a will or becomes the owner of the property of the deceased. In a joint property regime, the estate remaining after the death of one of the parties will have to be shared with the other heirs.

Limitation period for challenging and invalidating a marriage contract after a divorce

In Art. 44 of the Family Code of the Russian Federation sets out the provisions of an invalid marriage contract.

A marital contract is recognized as such in the following cases:

  • failure to comply with the form of the agreement;
  • discrepancy with the real wishes of the parties;
  • transaction with an incapacitated person;
  • inclusion of prohibited clauses in the agreement.

If the requirements of the contract put one of the parties in an unfavorable position, he can file a claim in court. The contract is likely to be invalidated.

Term limitation period The marriage contract begins from the moment when the spouse learned or should have learned about the negative consequences for him as a result of the implementation of the terms of the transaction. If the contract provides for the complete liquidation of ownership of property acquired during the marriage, then this agreement can be terminated in court.

The Family Code does not establish a statute of limitations for challenging the terms of a contract. Requirements for the application of consequences and for the recognition of such a transaction as invalid, in accordance with Civil Code Russian Federation, lasts three years and begins from the date of execution of the void agreement.

One year is the period for recognizing a contested document as fictitious and for applying the consequences of its invalidity. The period begins on the day the violence or threat that caused the acceptance of the transaction ceases.

This term of the agreement may also occur at the time of division of property, when one of the parties to the agreement finds itself in a situation of complete deprivation of acquired property.

Marriage contract - this is an agreement of persons entering into marriage, or an agreement of spouses, defining the property rights and obligations of spouses in marriage and (or) in the event of its dissolution. It establishes the legal regime of the property of the spouses, different from the legal regime of the common joint property of the spouses, allows for the determination of property rights and responsibilities of spouses during marriage and in the event of its dissolution (Article 40 of the Family Code).

The concept of “nuptial agreement” was introduced by the current Family Code of the Russian Federation (Chapter 8), although already in part one of the Civil Code of the Russian Federation the possibility of concluding an agreement between spouses regarding property acquired during marriage was provided for. Such innovations are caused by the need to provide spouses with greater freedom in their property relations in a market economy. Previously, family legislation provided only for the legal regime of the property of spouses and regulated their property relations exclusively by imperative (generally binding) norms, which corresponded to the interests of the spouses in a situation where their property was limited to consumer goods. In the new economic conditions, the composition of the spouses' property has expanded significantly, and the institution of private property has received legal registration and protection. Therefore, family legislation has extended discretion in the sphere of property relations between spouses, i.e., it has provided spouses with the opportunity to freely choose their behavior and exercise their subjective rights at their own discretion. The current Family Code gives spouses the right to independently determine their property relations based on an agreement, taking into account their own interests and needs.

The conclusion of a marriage contract is the right of the spouses and is not mandatory. In the absence of a marriage contract, property relations between spouses are regulated by imperative norms of the Family Code of the Russian Federation (Articles 33-39, 89-92). If a marriage contract is concluded, then the property relations developing between the spouses are regulated by the relevant provisions of the contract, and the rules defining the legal regime of the property of the spouses do not apply.

A prenuptial agreement is a type of civil contract. Therefore, it must meet the requirements for civil transactions in terms of the form and procedure for conclusion, modification and termination. The marriage contract is concluded in writing and must be notarized. If the marriage contract regulates the regime of specific real estate, it is subject to state registration (clause 2 of Article 429 of the Civil Code).

The features of a marriage contract are determined by its subject composition, subject and content of the contract. The subjects (parties) of a marriage contract can be either persons intending to get married or spouses. A contract concluded before marriage comes into force on the date of state registration of marriage.

The marriage contract must be bilateral and consensual (concluded by mutual agreement). It cannot disadvantage either party by assigning only responsibilities to one party and giving rights to the other party. A marriage contract is compensated, i.e. a change in the property obligation of one of the spouses must be accompanied by a counter grant of additional property rights to the other spouse.

A prenuptial agreement can be concluded for a specific period or indefinitely (i.e., valid until the termination of the marriage). If the validity of the marriage contract is limited to a certain period, then after its expiration the legal regime of the property of the spouses comes into force.

The property rights and obligations of spouses may be made dependent on the occurrence of certain conditions (the birth of children, separation, etc.). For example, spouses can agree that if a new apartment is purchased, it will become the property of the spouse, and the apartment existing at the time of conclusion of the agreement will become the property of the spouse.

The subject of the marriage contract is the property rights and obligations of the spouses, subject to the legal regime of their common property. The specificity of the subject of the agreement is that it can relate to both existing and future property rights of the spouses.

The provisions of the agreement may apply to all of the marital property or to specific types of property (for example, in relation to real estate or certain income). The established regime may apply to property acquired in a certain period of time (for example, to income and items that will be acquired during the education of one of the spouses).

The Family Code does not limit the property rights and obligations of spouses, which can be regulated in a marriage contract. A prenuptial agreement allows you to change the legal ownership of premarital property or property acquired during marriage. It allows the establishment of separate, common and shared property regimes in relation to all property of spouses, certain types of property or the property of each spouse.

A prenuptial agreement can regulate how spouses share in each other's income. This provision makes sense when establishing a separate regime for the property of spouses. In a marriage contract, it is possible to determine the conditions and share of participation of one spouse in the income of the other; it must be mutual, but not necessarily equivalent. For example, an agreement may provide for the right of one spouse to a certain percentage of the other spouse’s business income.

Spouses have the right to determine the procedure for distributing family and individual expenses (current, education, property maintenance, etc.). It is possible to provide for the participation of spouses in expenses in proportion to the established shares of property. The agreement may establish the alternate bearing of family expenses by each spouse for a certain time (the first six months - the spouse, the second six months - the spouse).

A marriage contract may provide for mutual maintenance obligations, which should not violate the rules on alimony (Chapter 16 of the Family Code). Provisions on mutual maintenance, unlike alimony obligations, may not be related to the need of one of the spouses. For example, it is acceptable to stipulate that divorce on the initiative of one of the spouses gives the other spouse the right to certain maintenance after the divorce.

A prenuptial agreement can determine how the property will be distributed to each spouse in the event of divorce. The inclusion of such a condition in the marriage contract helps ensure the stability of the entrepreneurial activities of the spouses, and also helps protect the interests of the spouse who was involved in housekeeping and childcare during the marriage.

The legislation provides for some restrictions on the freedom of a marriage contract relating to personal non-property relations. The following conditions are not allowed to be included in a marriage contract:

Depriving or limiting the legal capacity and capacity of citizens (Article 22 of the Civil Code);

Restricting the right to go to court (for example, demanding division of property);

- regulating personal non-property relations between spouses, the rights and obligations of spouses in relation to children;

Limiting the right of a disabled, needy spouse to receive maintenance from the other spouse;

Putting one of the spouses in an unfavorable position (for example, the obligation of one spouse to transfer into the ownership of the other all property acquired during the marriage);

The amendment and termination of a marriage contract is mainly regulated by the Civil Code of the Russian Federation. The obligations of the parties can be changed or terminated at any time only by agreement of the spouses, which must be notarized. In this case, the obligations of the spouses cease from the moment an agreement is reached for the future. Unilateral refusal to fulfill the terms of the marriage contract is unacceptable.

If it is impossible to reach an agreement between the spouses, the marriage contract may be changed or terminated at the request of one of the spouses in court. Reasons for this court decision are: either a significant violation of the contract by one of the parties, causing damage to the other party; or a significant change in the circumstances from which the parties proceeded when concluding the agreement (for example, a change in the financial or marital status of the parties) (Articles 450, 451 of the Civil Code of the Russian Federation). When a marriage contract is terminated in court, the obligations of the parties are terminated for the future from the moment the court decision enters into legal force.

The validity of the marriage contract automatically terminates from the moment of termination of the marriage, with the exception of the obligations provided for in the contract in the event of divorce (division of common property, maintenance for one of the spouses).

A marriage contract may be declared invalid on the grounds provided for by the Civil Code of the Russian Federation: illegal content of the contract, non-compliance with the form of the contract, conclusion of the contract by an incapacitated person, discrepancy between the true will of the parties and the will expressed in the contract (Articles 166-179). The court may invalidate a marriage contract in whole or in part at the request of one of the spouses on the grounds that the terms of the contract put him in an unfavorable position. In addition, the relatives of the spouses have the right to apply to the court to declare the marriage contract invalid. Recognizing an agreement as invalid means that it does not entail legal consequences from the moment of its conclusion. The consequence of such a decision is the return to each of the parties of everything received under the contract.

It should be noted that the list of issues that can be regulated in a marriage contract given in the Family Code of the Russian Federation (Article 42) is not exhaustive. The contractual regime provides spouses with significant freedom in determining their property relations. However, the marriage contract has not yet become widespread in Russia. This is explained both by the novelty of this institution and by the low standard of living of the majority of citizens. It is likely that over time, a prenuptial agreement will become an integral part of marriage, since it allows spouses to avoid property disputes both during marriage and after its termination.