How to fill out a marriage contract. Marriage agreement: sample

When people get married, few of them think that it might not work out. Divorce statistics for Lately depressing, more than half of marriages break up, every couple is sure that this will not happen to them. But everyone understands that the dissolution of the relationship cannot be completely ruled out. Examples from others show that this process can be accompanied by a lot of emotional upheaval, disputes, and property proceedings.

Concluding a prenuptial agreement solves many problems in the future

That is why some couples, when they get married, decide to protect themselves from unnecessary questions and disputes over property and sign a prenuptial agreement. This paper has a certain legal force and therefore must be properly executed and certified. Many people have a question about how to create marriage contract Right.

Why enter into an agreement?

There can be many reasons for concluding a marriage document. Some spouses want to exclude the material component from their relationship and immediately agree on everything controversial issues. Indeed, omissions and ulterior motives can ruin a relationship.

If a person from a wealthy family gets married, he or his relatives often require the spouse to sign a prenuptial agreement. Sometimes this is done in order to reveal the true motives for marriage. More often, relatives fear for the future of property that the family has accumulated over the years and demand that it be secured. Sometimes a husband or wife is a co-owner of a business or intends to become one.

In this case, it is impossible to do without the spouses drawing up a formal contract before the wedding. If people register relationships as adults, children may insist on protecting them property rights for an apartment or other property as heirs and insist on concluding such an agreement.

There may be various reasons for concluding a marriage document

Before drawing up a marriage contract, you need to take time and formulate the purpose of drawing up the document. Based on this, the content of the contract is prescribed.

Deadlines for drawing up a marriage contract

A marriage contract can be drawn up at any time throughout the existence of the marriage, as well as before the wedding, when the marriage relationship has not yet been officially registered. Drawing up a prenuptial agreement after a divorce is illegal. From the day the civil registry office or court makes a decision on divorce, drawing up family contract illegal. The exception is when divorced spouses remarry and sign a contract. But in this case, its effect will extend to new official relations.

Sometimes a prenuptial agreement is signed after the decision to divorce is made, but before the day of dissolution of the marriage. This is done in order to simplify the resolution of property issues during a divorce. The court takes into account a correctly drafted contract, which speeds up the decision. The validity period, as well as the moment when the marriage contract comes into force, is specified separately in the text of the document. When there is no such clause, the document has legal force from the date official registration marriage.

A prenuptial agreement can be drawn up at any time throughout the existence of the marriage, as well as before the wedding

Drawing up a marriage contract

It is best to entrust the preparation of a marriage contract to specialists. This document has strong legal weight and can subsequently be used to protect the interests of one of the spouses. Including in court. But in judicial practice there are often cases when the clauses of the marriage contract after a divorce were interpreted completely differently from what the husband or wife intended. This allowed them ex-spouses seek to obtain the benefits they need through legal means. Therefore, it is important to describe in as much detail and correctly as possible all the circumstances and situations that will be regulated by the document.

If for certain reasons you are not ready to contact professional lawyers to compile family agreement, then you can do it yourself. In order to correctly draw up a marriage contract, you need to be guided by a number of rules.

See also:

Action marriage contract after the death of a spouse

Legal framework for drawing up a marriage contract

First of all, the content of the document is regulated Family law RF. However, Article 4 of the Family Code indicates that if any family issue property relations is not mentioned in it, then this issue falls under the Civil Code of the Russian Federation. The prenuptial agreement must be drawn up in the same form as the contract civil transaction.

The prenuptial agreement must be drawn up in the same form as the civil contract

Parties' data

When drawing up a marriage document, it is important to correctly indicate the details of the parties entering into it. The first name, patronymic, last name of the spouses, details of their identification documents are indicated. If the document is drawn up and signed before the wedding, then you need to indicate how maiden name wife, and the one she will wear after marriage. When one of the spouses is a citizen foreign country, you need to indicate the details of his identity document.

Rights and obligations of the parties

The document must contain clearly defined rights and obligations of the spouses, which arise from the clauses of the marriage contract. If there are exceptional situations, in which the marriage contract is not valid, you need to indicate them.

Issues regulated by the family contract

The Family Code of the Russian Federation establishes: “By marriage contract, spouses have the right to change the regime established by law joint ownership».

Thus, you can change established by law rules of use, possession and disposal, regulate situations not covered by law. But in order to avoid infringement of the rights of a husband or wife after the wedding, or the deliberate use of a marriage contract to evade compliance with existing legislation, the Family Code of the Russian Federation imposes a number of restrictions. A list of issues that can be made the object of a marriage contract is determined. These include:

• rights and obligations of spouses regarding existing property (ownership rights to an apartment, car, luxury goods, etc.);
• establishing rights and obligations over property that will be acquired in the future;
• how the income of the spouses received by each of them will be distributed;
• issues of paying family expenses, share husband and wife in spending;
• property rights of spouses in case the family breaks up;
• other relationships that do not contradict the norms of the legislation in force in the country and relate to the rights of spouses to use, own and dispose of movable and immovable property.

Limiting the range of issues that can be included in a prenuptial agreement

It's important to be specific last point and prevent fraud and infringement of the rights of one of the spouses when a prenuptial agreement is drawn up. For this purpose, Article 42 of the Family Code of the Russian Federation imposes a number of restrictions:

Legal preparation of the document

It is not enough to draw up and sign a marriage contract correctly. In this form it will not have legal force. To complete the marriage contract, you need to have the document notarized by a notary. The state fee for drawing up a marriage contract is small and amounts to 500 rubles. In accordance with the Family Code of the Russian Federation and the Civil Code of the Russian Federation, register a marriage contract in government agencies no need.

The contract comes into force from the date of its notarization or from the date of marriage of the parties. The moment at which the document begins to have legal force must be stated in the text of the contract. The validity period of the document is also indicated.

Today, few people can be surprised by a prenuptial agreement. Many young couples draw up this document before the wedding in order to be on the safe side and not lose their property in the event of a divorce. Some will say that the main reason for such an act is mistrust, others will note prudence. But how do things work in practice?

What is a marriage contract

It is important to understand what kind of document a marriage agreement is and what benefits it provides to the spouses. A marriage contract is voluntary consent sides on certain conditions property division during divorce proceedings. This document, certified by a notary, allows the couple to legally defend the right to real estate in court, and also helps resolve disagreements between spouses. What a marriage contract is is clearly written in the legislation (Chapter 8, Article 40-46 of the Family Code of the Russian Federation).

Marriage contract - pros and cons

Living together- This great responsibility, certain obligations. Many partners agree to formalize their relationship without signing a contract, but recently young people have turned to specialists to legally establish property rights in case the family ship sinks. Before you search required sample drafting the document, weigh your decision. After all, there are pros and cons of a prenuptial agreement.

1. The contract helps to correctly understand what each person will be left with after the divorce procedure, so that a clear material order arises in the relationship.
2. Spouses have the right to retain certain valuables acquired before marriage, be it a car, own business, real estate or money.
3. Each spouse can determine certain aspects in which the property will be transferred to the other. As an example, if there is common child, the apartment remains with the person with whom the minor lives.
4. If one of the parties to the agreement has any debts (alimony, loan, etc.), you can add a clause on the sole payment of the encumbrance.

1. For many Russians, the very idea of ​​defining or discussing the material component of civilian or family relations. This looks like malicious intent, selfish motives and greed, although in fact the agreement is a sign of the honesty of the spouses.
2. Young married couples simply do not have the means to enter into such agreements, since this procedure is somewhat expensive.
3. Wedding expenses are usually not taken into account, so they are more difficult to divide than income.
4. The procedure for filling out forms, application procedures, and other bureaucratic nuances can require a lot of time and effort.
5. All terms of the contract must be concise, simple and understandable. Otherwise, the contract may be declared unlawful. Therefore, it is important that the document is good lawyer, which has living examples, and this is not cheap.

When can it be concluded?

Thought to fill necessary papers and the form comes to mind before the wedding, but, in fact, a marriage contract can be concluded after the wedding. In the first case, the contract comes into force from the date of official registration, in the second - from the moment it is certified by a notary. Each spouse is given a copy of the document, but the original remains with legal representative.

Any couple must decide for themselves whether to enter into such an agreement or not. Before you go for consultation with a specialist, you should first discuss all the conditions with your significant other and come to an agreement. This will help avoid future disagreements and legal proceedings, which carry with them a lot financial costs and nerves.

How to draw up a marriage contract

Before drawing up a marriage contract, weigh everything, think about whether it will be of real benefit. If you are determined to enter into such an agreement, go to a competent lawyer to clarify all the nuances and familiarize yourself with document templates. It is better to entrust the preparation of a marriage contract to a specialist, so as not to bite your elbows due to mistakes during divorce.

Independent preparation of documents will consist of filling out forms and drawing up a draft contract, an example of which can be found on the Internet. If you are legally savvy and know statistics well, then you can deal with the document personally, but do not forget to discuss important aspects with your other half. You don't want to end up ending the relationship without any rights to the property.

Being married

To draw up a prenuptial agreement in a marriage, you need to contact a lawyer. It may include not only jointly acquired property, but also expenses. To draw up the document, you will need passports of both parties, a marriage certificate, documents confirming ownership of property, which must be taken into account in the contract. With all these papers, go to a reliable specialist. He will draw up a contract and explain all the details to you.

When one of the spouses has debentures(loan, mortgage, etc.), in the agreement, at the request of both parties, this point is taken into account, even if you are already married. It is important to correctly formulate the terms of debt repayment; a competent lawyer will help you with this. There are often cases when one of the spouses undertakes to pay the mortgage, but at the same time the property remains with him in the event of a divorce.

Marriage contract - sample

Have you decided to compile the papers yourself? Then you will need a sample marriage contract, which you can get from lawyers or find on the Internet. Remember that this document should establish not only your rights to the property, but also the rights of your partner. Be sure to discuss all wishes and questions so that in the future you do not have to resort to litigation and termination of the contract.

Termination

Changing and terminating a marriage contract is a common occurrence in legal practice. It happens that spouses, for whatever reason, decide to add or remove certain clauses from the contract. To do this, you will again have to contact your lawyer, who must have the original document. To terminate or change the contract, you must provide written statement from each side.

There are several types of termination:

• by consent of the spouses;
• By the tribunal's decision;
• termination of the contract in the event of the death of one of the spouses.

Each case is considered individually and has its own nuances. So when mutual consent It is necessary for both spouses to appear at a meeting with the notary and write applications for voluntary termination. If everything is done correctly, the procedure will take a minimum of time and effort. The truth remains financial side, because the services of a specialist cost a lot of money.

If the contract is terminated in judicial procedure, it will be necessary to prove that it is invalid, or that one of the parties is placed in obviously intolerable conditions. This is usually a lengthy procedure that requires costs for lawyers and time to collect evidence. It is worth noting that it is not always possible to recognize such an agreement as invalid.

When a contract is made with for a certain period action, it automatically becomes invalid after this time. There is no need for any special procedures, but in the event of the death of one of the spouses, you will have to prepare supporting documents in order to cancel the contract and relieve yourself of responsibilities. For this you will need medical report and death certificate.

Video

According to statistics, nowadays every third marriage ends in divorce. And since in general cases All property acquired jointly during the official union, according to the law, upon its dissolution, is divided equally between the partners, then in order to change the regime of its division, the husband and wife must begin concluding a marriage contract. How to correctly draw up a marriage contract, what can be included in it and what cannot be included, what rules exist, as well as a drafting example can be found in this article.

Concept of marriage contract or agreement

IN Russian Federation a marriage contract, frankly speaking, is a rarity, which cannot be said about European countries, in which its composition is quite common. This can be explained by the fact that, according to the majority of Russians, drawing up a marriage contract is a sure sign of a marriage of convenience or a direct expression of distrust in one’s other half.

A prenuptial agreement is an agreement between two spouses that has legal force and is aimed at resolving property disputes in the event of divorce or during their cohabitation.

Drawing up a prenuptial agreement is especially important in situations where one of the partners has a significantly higher income and wants to protect their savings from encroachment by their spouse. And the agreement allows you to change the procedure for dividing property and specify all the rights and obligations of each party regarding property issues in the event of a possible divorce.

General rules for drawing up a marriage contract

Chapter 8 of the Family Code of Russia states following rules How to draw up a marriage contract for spouses:

1. Drawing up a contract is only possible for adults and capable citizens.
2. The document must be drawn up in writing and certified by a notary. A sample drafting form can be downloaded at the end of the article or found at any notary office.
3. The agreement must be written in clear language and contain no errors. All numbers and dates in it must be written in words. All passport details of both spouses are written without abbreviations.
4. Drawing up a marriage contract is possible only between legal spouses, in other words, in civil marriage it cannot be concluded unless you are officially scheduled.
5. The document must contain the signatures of both parties.

Drawing up and concluding a marriage contract is possible only in the personal presence of both parties. You must pay for the registration of the marriage contract state fee in the amount of 500 rubles.

Features of drawing up a marriage agreement

According to Family Code There are some features of how to draw up a marriage contract:

• spouses can draw up an agreement while they are married or just planning to join;
• in a situation where the marriage contract was concluded by the partners before they entered into the marriage union, then the agreement will come into force under the law only from the date state registration marriage;
• the document cannot indicate clauses that limit personal rights partner, his capacity, legal capacity or right to enter into legal transactions;
• the agreement may be betrayed or even terminated if one of the parties violates the points specified in it or if there is mutual desire of others provided by law conditions;
• The personal relationship between the spouses cannot be specified in the agreement.

What sections does the contract include?

The contract is drawn up according to adopted by law scheme. Looking at the sample of a correctly executed contract given at the end of the article, you will notice that it necessarily includes the following sections:

1. passport details of both parties;
2. the subject of the contract concluded between the spouses;
3. the rights and obligations of each party involved;
4. provided liability for violation of contract clauses;
5. section on changes or termination;
6. the validity period of each item individually and the document as a whole;
7. the date on which the document comes into force by law.

In the section on the subject of the agreement, you need to write about how it will be divided upon divorce: in half or in another ratio at your discretion. It is important to consider that compiling of this agreement provides for the division not only of existing property at the time of its conclusion, but of everything that will appear in the future.

What might the contract include?

Drawing up a contract involves listing all property owned by the husband and wife. This may include: jewelry, car, house, apartment, furniture or others valuable items. You need to describe things in as much detail as possible: land plot must have cadastral number and the size of the total area, vehicles – government number, brand and manufacturer. Sample correct drafting Descriptions of property in the marriage contract can be found at the end of the article. It is also necessary to note what property the husband and wife owned before entering into the union.

By law, it is possible for an agreement to provide for the following rights and obligations of the parties:

• who will become the owner of the property after the dissolution of the union;
• who will own the vehicle;
• who will allocate cash for children's education;
• who will have to pay utility bills;
• who will pay for vacations and family trips;
• which party will bear all the costs of care and purchase of vehicles or other valuables;
• who will own what from the property after the divorce.

In other words, drawing up a contract allows you to outline the procedure for each partner to bear all family expenses. It is also possible to stipulate in the concluded document the duties of the husband and wife towards each other. For example, in a situation if one of them experiences financial difficulties.

Drawing up an agreement allows you to determine the couple’s property regime, divide between themselves credit and mortgage obligations, expenses for Cohabitation and other nuances related to property relations.

What cannot be included in the agreement?

The preparation of a marriage contract by partners does not provide for the following conditions:

1. Limitations on the legal capacity and capacity of a partner, such as individual rights person per labor activity, their education, choice professional sphere activities, freedom of will, etc.
2. Limitation of the protection of one’s legal rights, including through the courts.
3. Settlement of non-property issues, for example, such as maintaining marital fidelity, love, and not drinking alcohol. But it is possible to register property issues as a consequence of violation of non-property rights. For example, monetary or other compensation for damage caused moral injury partner with inappropriate behavior such as cheating or beating.
4. Settlement of rights and obligations in relation to common children. In other words, the agreement cannot specify who the child will stay with after the divorce or establish the procedure for communication with the second spouse. For these issues, other types of agreements must be drawn up.
5. Limitations on the right to receive maintenance in the event that one partner becomes incapacitated by the other.
6. Inclusion of elements of a will into the marriage contract. This is due to the fact that a will is one-sided deal, which means it cannot be drawn up on behalf of two persons.

So, during a divorce, a dispute often arises related to the division of property between ex-spouses. Drawing up a marriage contract in advance will help you avoid it, an example of which you can find here or from any notary. In order for an agreement to be recognized as legal, it must be in writing and certified by a notary, supported by the signatures of both parties and resolve exclusively property issues.

One of the main conditions in resolving property disputes is clarity. This rule applies not only in business, but also in family relationships.

To settle this issue In many countries, the practice of concluding prenuptial agreements (contracts) has long existed.

Correct application of the legal spectrum in marital relations will allow you to create civilized relations between spouses.

Features of drawing up a marriage contract

In the USSR, there was a Code on Marriage and Family, which did not contain the concept of a “nuptial agreement.”

With the adoption of the Family Code of the Russian Federation in 1996, the institution of a marriage contract appeared in our country.

A prenuptial agreement is a transaction. Accordingly, all these documents must be in writing and certified by a notary.

Without the signature and seal of a notary, recognition of the contract will be illegal (or it simply will not be considered signed).

There are two temporary options for concluding a marriage contract:

• before recording the act civil status;
• in any period after the registration of a civil status act.

It is worth emphasizing that it is impossible to conclude a marriage contract after the marriage has been dissolved or an application for its dissolution has been filed with the relevant service or court.

If a marriage contract is signed before marriage, it comes into force after registration.

If the document is signed by a married couple, it comes into effect after certification by a notary.

The prenuptial agreement is intended exclusively for the settlement of property relations in the family, for the protection property interest each of the spouses.

With its help you can regulate the following provisions:

The rights and obligations that are described in the marriage contract may be limited in advance:

• certain deadlines;
• dependence on the occurrence (non-occurrence) of certain conditions.

The law regulates personal property and non-property relations spouses.

In terms of personal non-property relations, the Family Code applies, which defines only general principles:

• equal rights for everyone married couple,
• inadmissibility of domestic violence,
• inadmissibility of infringement of the rights of one of the spouses.

A marriage contract cannot regulate the personal non-property relations of the spouses, that is, the following clauses cannot be included in it:

• marital fidelity;
• honor and good name of each spouse;
• business reputation;
• family secret;
• life, health and dignity of each spouse;
• responsibilities of spouses;
• financial reward for the birth of a child;
• regulation of relations with minor children;
• conditions limiting the legal capacity of one of the spouses;
• immunity privacy everyone.

For example, if a prenuptial agreement contains a clause requiring the wife to serve her husband dinner every evening at 7:00 p.m., then such an agreement may be declared invalid or immaterial in whole or in part on the basis that it puts one of the parties to the agreement at a disadvantage.

Specific solution to issues family life remains with the spouses.

For example, abroad you can find marriage contracts on hundreds of sheets, where every little detail of family relationships is thought out and spelled out (it’s even possible to specify who will take out the trash and when!).

In Russia, a married couple cannot include such a section in their marriage contract, and even the court does not have the power to determine which spouse should wash the dishes.

Changes can be made to the marriage contract at any time, but only with consent from both parties.

The procedure for making changes is the same as when signing:

• written form,
• notarized certificate.

You will probably be interested to see mental map, where it is explained in detail what to indicate in the descriptive and pleading parts

Cheating on one of the spouses

Cheating on one of the spouses falls into the category of personal non-property relations.

Therefore, the terms of the marriage contract cannot regulate this type of relationship between spouses. This is how the Family Code of the Russian Federation defines it.

Cheating may be grounds for divorce.

Although an experienced notary specializing in family matters, will be able to offer a cunning formulation that will indicate the relationship between the unworthy behavior of one of the spouses and the share of division of property during a divorce, but it must be taken into account that the spouses have the right to challenge the marriage contract in court.

From judicial practice we can say that such claims are satisfied in favor of the plaintiff.

Marriage agreement and mortgage

When spouses plan to apply for a mortgage, it would not be superfluous to draw up a prenuptial agreement, which will avoid litigation during the divorce process.

Perhaps somewhat quite typical situations when a marriage contract will help resolve property issues:

• one of the spouses paid a mortgage before marriage, and ownership of the apartment is registered after marriage;
• the parents of one of the spouses help pay or pay the mortgage;
• there is a distribution of payments on mortgage debts.

In these cases, each spouse by law has the same rights, but the situation will change if these provisions are spelled out in the marriage contract, which indicates the share of property of each spouse.

Paying off debts after divorce

According to the law credit debts(including mortgages) are divided equally in a marriage.

For example, if one of the spouses was an entrepreneur and was unable to pay creditors, then the second bears the same responsibility.

Therefore, a prenuptial agreement will help him avoid attacks on part of the property by his spouse’s creditors.

It is important that such an agreement is concluded before a controversial situation arises.

Marriage agreement establishing a separate property regime

There are several property regimes when concluding marriage contracts:

Relying on Russian legislation, we can say that it is difficult to establish a regime of complete separate property in a marriage contract.

IN in this case every time you acquire any movable or real estate, one of the married couple must, when registering in his name, record when, by whom and with what funds the item was purchased.

It is possible to indicate in a marriage contract that the owner of the property will be the spouse in whose name it is registered.

Procedure for considering disputes under a marriage contract

IN Civil Code There is a chapter that regulates the consideration of contractual disputes.

Several sections of the Family Code are devoted to the same topic.

Like any other agreement this document is not an exception, and therefore it is possible to recognize it as invalid or void, both in whole and in some part.

The court can amend or terminate the marriage contract.

An example of a marriage contract in Russia, the procedure for its preparation, signing, certification and storage

"___" _______ 2015 We, the undersigned, are a citizen of the Russian Federation _______________________, year of birth ____________, place of birth ____________, passport series ______ number _______ issued by _____________________________ (by whom), _________________ (when), registered at the address: _________________________________________, hereinafter referred to as “Spouse”, and a citizen of the Russian Federation ________________, year birth ______________, place of birth ____________, passport series ______ number _______ issued by _____________________________ (by whom), _________________ (when), registered at the address: ________________________________________, hereinafter referred to as the “Spouse”, together hereinafter referred to as the “Spouses”, who are in a marriage registered ____________________________ (name civil registry office) ________________________ (day, month, year), act record N __________________, marriage certificate series _______N_________, in order to settle mutual property rights and obligations both in marriage and in the event of its dissolution, we have entered into this agreement as follows: 1. Spousal property regime 1.1. Property acquired by spouses during marriage is considered to be their common property during the marriage, as well as in the event of its dissolution. shared ownership, with the exception of property that is the personal property of each spouse by law or in accordance with this agreement. 1.2. The spouses determined their participation in the common property as follows: the size of the Spouse's share is _________ shares, the size of the Spouse's share is ___________ shares. 2. Features legal regime individual species property 2.1. Cash deposits V credit institutions, made during the marriage, and the profit on them are, during the marriage and in the event of its dissolution, the property of the spouse in whose name they were made. 2.2. Securities, shares (shares) in capital business entities, non-profit organizations, as well as income from them acquired during the marriage, belong both during the marriage and in the event of its dissolution to the spouse in whose name they are registered. 2.3. Jewelry, art and antiquities and other luxury items acquired during marriage are the property of the spouse who acquired them. 2.4. Wedding and other gifts received by spouses or one of them during marriage are the common joint property of the spouses, and in the event of divorce - the property of the spouse whose relatives (friends, acquaintances, co-workers, etc.) these gifts were made. Gifts made by spouses to each other are the property of the spouse to whom they were given. 2.5. Property subject to state registration (real estate, vehicles), is the property of the spouse in whose name it is registered. 2.6. Property that is the personal property of one of the spouses by law or in accordance with this agreement cannot be recognized as the joint property of the spouses on the basis that during the marriage at the expense of common property spouses or the personal property of the other spouse, investments have been made that significantly increase the value of that property. In this case, the second spouse does not have the right to proportional compensation for the cost of investments made. 3. Rights and obligations of spouses regarding mutual maintenance 3.1. In the event of divorce, the spouse undertakes to provide monthly maintenance to the other spouse, with whom the common children remain, in the amount of twenty thousand rubles per month until the children reach the age of __________ years. This maintenance is not a payment (alimony) for the maintenance of children. 3.2. In case of incapacity for work of one of the spouses after divorce, the able-bodied spouse undertakes to provide the disabled spouse in need with maintenance in the amount of ______________ rubles per month until the disabled spouse enters into marriage. 4. The procedure for spouses to bear family expenses 4.1. Family expenses related to payment of housing and communal services, electricity, telephone, car maintenance, payment tourist trips, services cellular communications, Internet services, purchase of food, clothing, medicines, maintenance of children, etc., spouses bear in shares proportional to the size of their shares in the common property. 5. Housing rights spouses 5.1. If one of the spouses lives in a residential premises (apartment, house) owned by the other spouse, after the dissolution of the marriage, the non-owner spouse undertakes to vacate the residential premises and move out within _______ months from the date of _________ registration accounting at the place of residence. 6. Responsibility of spouses for obligations 6.1. Each of the spouses is responsible for the obligations assumed to creditors within the limits of the property owned by him. 6.2. By general obligations spouses are responsible joint property, and in case of insufficiency - joint liability the property of each of them. 6.3. Spouses are liable for damage caused by their minor children in the manner prescribed by civil law. 6.4. Spouses undertake to notify their creditors of the conclusion, modification or termination of the marriage contract. 7. Final provisions 7.1. The spouses are informed by the notary of the legal consequences of the legal regime of property chosen by them. 7.3. Genuine contract may be changed or terminated at any time by agreement of the spouses. 7.4. Unilateral refusal from the execution of the marriage contract is not allowed. 7.5. The validity of the marriage contract terminates 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. 7.6. The costs associated with the preparation and certification of this agreement are paid equally by the spouses. 7.7. This agreement has been drawn up in three identical copies, two of which are kept by the spouses, and the third is in the files of the notary. 8. Signatures of the spouses Signature, full name _____________________________________________

So, if you decide to sign a prenuptial agreement.

1. Contact a lawyer who specializes in drafting such agreements.
2. Pay the state fee.
3. With passports, marriage certificate (if any), drawn up in in writing For a marriage contract, go to a notary in person.
4. In the presence of both parties and a notary, sign the marriage contract in triplicate.
5. After notarization each spouse is given a copy, the third remains in the custody of the notary.

A marriage contract is a civilized way to resolve possible family conflicts. Drawing up wedding contracts has long been considered a common practice for newlyweds all over the world. Future spouses prefer to draw up a document in advance and include certain items in it, rather than deal with property division after a divorce, when there is already enough emotion and stress.

In Russia, not so long ago, in 1995, they adopted the Family Code, where the term “marriage contract” first appeared. According to Art. 40 a marriage contract is understood as an agreement between the persons entering into marriage or an agreement between the spouses. The document defines property responsibilities and rights both during marriage and upon its dissolution.

Where is a marriage contract drawn up?

The contract is concluded in writing between the bride and groom or spouses who have already entered into marriage. 3 copies of the document are prepared: one remains with the notary, the rest are transferred to each of the parties. The Family Code of the Russian Federation (FC RF) does not limit the place of conclusion of the agreement. As a rule, it is drafted by a lawyer.

You can write a contract without involving third parties. But in any case you will need it mandatory registration at the notary. It is worth considering that the notary only certifies the document, but does not take part in the development of its draft.

Documents for concluding a marriage contract

To conclude a marriage contract you will need documentation:

1. Spouses' passports.
2. Property documents (certificates of ownership of real estate, vehicles, various items that are specified in the contract).
3. Marriage certificate.
4. The marriage contract itself is in triplicate.
5. Receipt for payment of notary services.
6. Credit agreements, if available.
7. Birth certificates of children, certificates of income of spouses, their state of health, if the marriage contract contains a provision for the payment of alimony.

The list is not exhaustive.

How to draw up a marriage contract

According to the RF IC, a marriage contract regulates only property issues that have arisen between the parties. It is not acceptable to include in the contract a clause on personal relations and the procedure for regulating relations with young children. The document must be registered with a notary. Both persons planning to get married and legal spouses have the right to conclude it. In the first case, the contract enters into legal force only after marriage.

The wedding contract can be changed or terminated if the spouses violate its provisions or when mutual agreement or other conditions provided by law. With the help of an agreement, you can divide responsibilities for mortgage or loan payments, determine the property regime of spouses, establish the procedure for distributing family income, and also take into account other nuances related to property issues.

Form of marriage contract and text requirements

The marriage contract is drawn up in writing, as required by the RF IC. Required condition is his notarization. When certifying a document authorized person must explain to the parties the meaning of the agreement, its meaning and legal consequences and witness the signatures of the parties.

Requirements for the text of the contract

The wedding agreement, first of all, should not contain conditions that conflict with Russian laws. The essence of the concluded agreement must be conveyed clearly and understandably. Vague terms that could be interpreted ambiguously should not be used. The numbers and amounts specified in the text of the agreement are written in both digital and alphabetic form. Full names, addresses, names of government agencies are indicated without abbreviations. The contract is signed by both spouses. If one of the parties for some reason cannot personally endorse a document, the person has the right to sign for it legal representative. This fact must be recorded by a notary, indicating the reasons why one of the spouses could not certify the contract with his own hand.

Property issues

According to the law, the parties have the right to make changes or establish in the contract a regime of shared, joint or separate ownership of existing property. In this case, the agreement applies both to objects and property already owned by the spouses, and to that which will appear in the future. It is worth considering that when resolving disputes in the event of division of property, the court is guided by the rules provided for in the wedding contract, even when the regime common property was changed to something else.

The marriage contract on joint ownership states that the owner of the property that will be acquired during marriage becomes the spouse for whom it is registered or who paid for it.

The contract cannot include conditions that are unfavorable for one of the parties. For example, one of the spouses will lose all property acquired during the marriage during a divorce. This directly contradicts the Family Code of the Russian Federation.

What is included in the contract between spouses

The legislation does not strictly regulate the list of issues that can be fixed in a contract. The parties freely choose the conditions that are important to them, which, however, should not violate established laws.

A typical marriage contract may contain the following points:

• name of the agreement, date, place of its conclusion;
• Full name of the spouses, their passport details, residential addresses;
• marriage certificate details;
• legal regime of property;
• a list of property that is jointly owned;
• a list of objects that are not recognized as joint property;
• order of mutual content;
• conditions for bearing expenses;
• liability of the parties;
• procedure for changing the agreement;
• terms of termination of the agreement;
• the moment of entry into force of the marriage contract;
• contract time;
• number of copies;
• signatures of the parties.

What to exclude from the contract

When concluding a marriage contract, you need to remember that some conditions are prohibited from being included in it. Thus, the agreement cannot regulate the non-property personal relations of the spouses. The contract cannot reflect the personal rights and obligations of spouses related to the upbringing and maintenance of their minor children.

The contract also cannot limit the legal capacity of the spouses, their legal right to contact courts for protection. The last point of prohibition is understood as the introduction into an agreement of provisions prohibiting going to court with an application for termination, change or recognition void contract. That is, the terms of the marriage contract cannot contradict the legislation of the Russian Federation.

Rights and obligations of the parties

Spouses can stipulate their rights and obligations in the contract and describe the possibility and type of participation in total income, and also record the order of expenses. An essential issue The agreement is a provision on property that will go to the parties after the divorce process. Legally allowed to establish exact dates restrictions on their rights and obligations, as well as provide for various kinds conditions on the occurrence of which rights and obligations will depend.

Certification by a notary

Document in mandatory certified by a notary. An authorized specialist needs to make sure that the parties are of sound mind and memory, and that the contract itself is drawn up legally correctly. After signing the paper in the presence of a notary, each party receives a copy of the contract. The third remains in the archives of the notary.

Let's sum it up

With proper drafting and a responsible approach to fulfilling the terms of the marriage contract, the document will allow spouses to save their nerves and their own property in possible conflicts related to divorce.

The contract terminates upon divorce. In other words, if the marriage is dissolved through the registry office, then the agreement ceases to be valid from the date of state registration of the dissolution of the marriage. When applying to court - from the date of entry into force court decision on the dissolution of marital relations.