Draw up a sample marriage contract between spouses. Marriage agreement: example

According to statistics, nowadays every third marriage ends in divorce. And since in general cases All property jointly acquired 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 to conclude 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 legal force and 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

In Chapter 8 Family Code registered in Russia 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 the 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. Things need to be described in as much detail as possible: the 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 funds 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. Limiting the protection of one's own 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.

In relationships between people, certain disagreements always arise, which are sometimes clarified during conversation, and sometimes cannot reach a consensus. Then the best way out would be to agree in advance, while the relationship is in its prime. This will help, when feelings cool a little, to fulfill the will of those loving people, which the spouses once were. A marriage contract can help here as a document regulating property family relationships. Through its action, many important issues are resolved.

The concept of a marriage contract: family code

A prenuptial agreement is an agreement between husband and wife or future spouses that is intended to regulate property relations during marriage or upon its dissolution. The conclusion of such a document is aimed at circumventing existing legislation in the field of marriage and property (Family Code) for a specific couple who is either about to get married or has already entered into marriage. An agreement between spouses can only be drawn up with the consent of both parties, husband and wife, based on their interests, and applies only to them.

Subject of the agreement

The subject of a marriage contract is property relations between future or current spouses, which may differ from those generally accepted by law. According to the law, after a divorce, a husband and wife have the right to divide all the property that they managed to acquire together in half. Marriage contract makes it possible to make adjustments to this paragraph, for example, by distributing shares of 75% to 25% or considering property acquired by spouses as joint property and other provisions.

Please note that exclusively property relations are regulated by a marriage agreement, while provisions relating to the moral, religious, psychological, and behavioral aspects of the lives of spouses cannot be spelled out in such an agreement. The initiative to sign and choose the content of such an agreement comes from the future spouses or persons already married.

Agreement conditions

There are 2 types of conditions that may be contained in a marriage contract: suspensive and dispensable:

• A suspensive condition is a condition that provides for the emergence of the rights and obligations of one of the spouses after the occurrence or non-occurrence of a previously agreed upon circumstance. For example, if a wife gives up her career and devotes herself to home, then the car acquired jointly becomes her property.
• Cancellative is a condition that provides for the termination of the rights and obligations of one of the spouses after the occurrence or non-occurrence of a previously agreed upon circumstance. For example, if one of the spouses cheats, after a divorce he gets 25% of the jointly acquired property.

A prenuptial agreement may contain provisions based on both suspensive and disqualifying conditions.

Validity

The transaction can be terminated in three cases:

1. Death of one of the spouses.
2. Divorce.
3. Expiration of the contract, if specified in the document.

The contract is terminated upon the occurrence of one of these circumstances. Sometimes when the contract expires, it actual consequences continue to operate. For example, if, according to the contract, after a divorce the husband is obliged to make monthly payments for the maintenance of his wife, then after the dissolution of this marriage the document itself is no longer valid. Therefore, make sure that the contract specifies the period of time for payments.

Pros and cons of a prenuptial agreement

A prenuptial agreement is a way to regulate property relations in an area based on the moral unity of two people. Therefore, the attitude towards such an agreement among people is both negative and condemning, and positive. In order to form your opinion, you should highlight the positive and negative sides prenuptial agreement, pros and cons.

• A wedding is considered the highest realization of the love of two, something eternal and pure, while a marriage contract reminds of a future breakup and prepares for it.
• A document that exclusively regulates property relations is perceived as commercialism in relations.
• Signing a contract can be perceived as an act of distrust of your spouse.

As you can see, all the main disadvantages are psychological in nature, but such moments can have an impact on the atmosphere in the family. This agreement will be useful for those couples where one of the spouses has great fortune. A prenuptial agreement can protect against the actions of marriage swindlers and help preserve part of the wealth that, during a divorce, could be legally transferred to the wife or husband for the benefit of the children.

• A prenuptial agreement allows you or your spouse to secure ownership of certain property.
• Punish the other “half” for immoral behavior (infidelity, drunkenness, gaming addiction- phenomena indicated in the contract), depriving all or part of the property due after the divorce.
• Protect yourself from paying debts for your husband (or wife).
• Outline the terms of mortgage payment after divorce.
• Resolve the issue with the division of property, because legal division is a very lengthy process, which may not accurately estimate the value of one or another property (for example, a children’s photo album may be more valuable for both than washing machine, which belongs to them).

The benefits of the document are based on property rights and the distribution of responsibilities in the family. It may be useful to those who have experienced problems before or during marriage. controversial issues on real estate. You can learn about the pros and cons of marriage contracts by watching the video:

According to Article 42 of the Family Code of the Russian Federation, through a marriage agreement, spouses can change the property regime, statutory, to a regime of shared, joint or separate ownership of all or part of present or future property, income and expenses. The parties can stipulate in the document all kinds of force majeure situations, include any clauses relating to property relations that suit both parties.

Guardianship of a minor child in an agreement

The marriage contract governs only property rights, therefore, custody issues minor child cannot be regulated by such a document. This document prescribes the participation of the parties in material support child, for example, oblige one or both parents to make monetary contributions to minor child and their size, transfer part of the property to the child or organize a fund that he can use upon reaching adulthood.

Marriage agreement when buying an apartment with a mortgage

Between ex-spouses after a divorce, many mutual claims may arise, one of which may be a dispute over the ownership of an apartment that the husband or wife purchased before the wedding not for cash, but with a mortgage. If the mortgage was finally paid after the marriage was registered, then the other party has the right to claim a share of ownership in this apartment. Such a document can provide protection to the purchasing spouse from the claims of the second party to the apartment.

How to draw up a marriage contract: procedure for conclusion

When signing a marriage agreement, it is important to adhere to the regulations for concluding such transactions, otherwise it may be declared invalid. Therefore, before signing a contract, the parties must understand exactly how, when and in what form such contracts are concluded.

When can it be concluded?

A marriage contract can be concluded both before marriage and after registration:

• In the first case, the deal will begin to take effect when the marriage is officially registered. Until the marriage is registered, the document is not valid, does not oblige the parties to comply with the requirements and does not give them additional rights.
• If the transaction was concluded after the marriage was registered, then it comes into force from the moment notarization document. Also, the parties to the agreement can themselves designate and prescribe the moment from which the document will come into force.

What form does it take?

An agreement between spouses (or spouses) must be drawn up in writing, signed by both parties and certified by a notary. IN otherwise the transaction is not considered valid. If, due to valid reasons, one or both parties to the transaction cannot sign the document (physical disabilities, illiteracy, etc.), another person has the right to sign for them; the presence of the spouses at signing and notarization of the signature are required.

The document must be drawn up clearly, understandably, and not contain contradictions; completed in a language understandable to both parties. It must indicate in words all the numbers and dates of birth appearing in the document; the names, surnames and patronymics of the parties must also be spelled out in full. Conclusion by proxy is not allowed. Document articles should be based on judicial practice so that they cannot be challenged in court.

Conclusion of a contract after marriage

The contract can be signed after the official marriage relationship has been formalized. The procedure for signing the document remains the same, i.e. must be signed personally by both parties and notarized. The notary is obliged to explain the meaning of all points of the transaction, to point out ambiguous points, so that the legal illiteracy of the parties to the agreement cannot be used against them. A notary can help draw up a contract for those getting married, which will require the parties additional fee for the service.

Invalidation of a marriage contract: grounds

There are a number of grounds on which, when filing a corresponding claim in court, the latter may declare such an agreement fully or partially invalid. All these grounds relate to concluding a contract with violations separate laws established requirements:

• a provision is included in the document that completely does not correspond to the interests of one of the parties, violates its rights, puts it in full material dependence from another spouse;

• violation of the procedure for concluding a contract (lack of notarization, signatures of the parties, drafting it in unilaterally or by proxy);
• inclusion in the text of the transaction of personal non-property values ​​as rights and obligations for spouses, such as love, proper behavior, child custody, professional activity, moral lifestyle;
• the inclusion of points composed in a comic form, in the form of an allegory or in popular expressions;

• signing the deal incompetent citizen or with limited legal capacity(if there is a certificate of complete or partial incapacity);
• signing a contract under the influence of delusion, deception, threat, violence;
• failure of one or two spouses to reach marriageable age.

Based on the existence of one or more grounds for invalidating the transaction, the spouse, both spouses, the trustee incapacitated spouse or the person interested in termination has the right to file a lawsuit to terminate such agreement. The court decides and recognizes whether such a transaction is considered invalid or not.

Change and termination of the contract

A contract can only be amended or terminated with the consent of both parties; if such agreement has not been reached, then the person wishing to amend or terminate the transaction may file civil action to the court, which will be reviewed for compliance. The court makes a decision to terminate or amend the document only if:

• there were grounds for recognizing the transaction as invalid;
• there was a violation of the contract on the part of the second spouse;
• the terms of the contract have changed significantly, making it irrelevant;
• changes occurred that made the execution of the contract impossible.

The transaction is subject to termination or modification if the time of termination or the circumstances of the change were determined by the parties and specified in the agreement.

Example of a marriage contract

The peculiarity of a marriage agreement is that spouses can include any property conditions, which suits both partners. When drawing up such a document, it is necessary to think ahead, provide for all sorts of situations, establish and register a large number of force majeure so that the contract actually fulfills its purpose. It is necessary to carefully draft the document so as not to leave a loophole for manipulating its terms against one and the other party. You can see a sample of a similar document here:

In our culture, it is not customary to conclude marriage contracts, based on moral convictions that it can sow distrust between lovers. But there are circumstances in which the conclusion of such an agreement is simply necessary in order to regulate controversial issues and protect yourself and your spouse. By approaching the issue pragmatically, the couple can benefit greatly. Therefore, before entering into marriage, you should soberly assess your situation and consider a prenuptial agreement as an advantage that you can resort to if necessary.

According to statistics, a third of marriages concluded in the Russian Federation end in divorce. Unfortunately, termination does not always go smoothly, and conflicts often arise related to the division of property acquired during official relations. By law, property acquired during marriage is divided equally between the partners.

Special conditions for the division of property arise when the division of property occurs on the basis of a previously concluded marriage contract. The document must include important points, including information about the ownership of property and the order of division in the event of divorce. How to draw up a marriage contract and what needs to be taken into account in the document will be described below.

Chapter 8 of the Family Code sets out the rules for drawing up a marriage contract. The main points should be:

• a contract can only be drawn up between adults and capable citizens;
• the document must be certified in notarial procedure. A sample document can also be obtained from a notary;
• the agreement is drawn up in clear, concise language. The document must not contain errors, blots or corrections. All numbers and dates must be written in words, and the passport details of the spouses must not contain abbreviations;
• a marriage contract can only be concluded between legal spouses who are official relations. In other words, enter into a contract between common-law spouses impossible;
• the document must contain the signatures of the partners, subsequently officially certified;
• a marriage contract is drawn up only in the case of the personal presence of both participants;
• To draw up an agreement, you must pay a state fee of 500 rubles.

If all the specified points are observed, the document will have legal force and will subsequently serve as the basis for changing the conditions for the division of property.

The nuances of drawing up a marriage contract

According to the provisions of the Family Code, there are some important points that must be taken into account in the marriage contract. These include:

• the agreement is concluded only when the spouses are married or plan to enter into marital relations. In this case the contract receives legal force only in case official registration marriage;
• the document should not contain conditions under which the personal rights of the partner are limited, including his legal capacity, legal rights or ability to commit various transactions legal nature;
• the act can be terminated or amended if one of the parties violates the stated points, as well as with the mutual desire of the parties to the agreement or on the grounds provided for by current legislation;
• cannot be specified in the contract mutual relations spouses, as well as other points relating to the personal connections of partners.

Sections of a marriage contract

The contract is concluded strictly a certain form based on the existing sample. The agreement must contain the following sections:

• details of the parties;
• subject of contract;
• rights and obligations of the parties;
• liability of the parties to the agreement for violation of the clause of the agreement;
• entry section possible changes, as well as the termination of the document;
• the validity period of each clause and the entire act as a whole;
• the date on which the contract comes into force.

Each item must be checked and comply with the requirements of current legislation.

Conclusion

Drawing up and concluding a marriage agreement is an important undertaking. To correctly prepare the document, it is best to use a sample and contact notary office. A marriage contract will allow you to avoid in the future various problems associated with the division of marital property in the event of a divorce.

MARRIAGE CONTRACT

Citizen of the Russian Federation Svetlyakov Vladislav Nikolaevich

(Full Name)

and citizen of the Russian Federation Krasotkina Marina Ilyinichna,

(Full Name)

responsibilities both in marriage and in the event of its dissolution, have entered into this marriage contract as follows:

1. SUBJECT OF THE AGREEMENT

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

acquired, mode set joint ownership. For certain types of property specifically specified in this agreement

or in addition to it, a different regime may be established.

1.2. Property that belonged to each spouse before marriage, as well as property received by one of the spouses during marriage

as a gift, by inheritance or otherwise free transactions is his property.

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

• apartment with a total area of ​​54 sq. meters, located at the address: _Prospekt Kommunalny, 44, apt. 16_____________________;
• VAZ car______, engine No. 173__, body No. _567____, state number _267256______, registered with the State Traffic Inspectorate________;
• pieces of furniture according to the list attached to the contract;
• gold and silver jewelry, as well as jewelry from precious and semi-precious stones according to the list attached to the contract;
• garage for a car, located at the address Zlatoust, Kommunalny Avenue, 44.

Gr. _M.I. At the time of concluding this agreement, Krasotkina________ owns the following property:

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

1.4. Common property acquired during marriage includes the income of each spouse from work, entrepreneurial activity and results intellectual activity pensions, benefits and other cash payments, not having special purpose. Ownership and use of common property is carried out according to mutual consent.

1.5. Right to common property also belongs to the spouse who, during the marriage, carried out housekeeping and childcare

or according to others good reasons had no independent income.

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

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

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

1.8. Spouses have the right to dispose of common property according to mutual agreement. The consent of a spouse to the other spouse completing a transaction with common property is assumed if the other spouse does not express objections to the transaction before it is completed. To carry out transactions with real estate (including apartments, residential and non-residential premises, land plots, etc.), vehicles and other property, transactions with which are subject to notarization or state registration, preliminary written agreement other spouse. If a transaction by agreement of the parties or by force of law is made in notarial form, the consent of the other spouse to complete such a transaction must also be notarized.

The prior written consent of the other spouse is required when alienating and acquiring property if the transaction amount exceeds _200,000_ rubles, regardless of the type of property in respect of which the transaction is being made.

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

1. RIGHTS AND OBLIGATIONS OF SPOUSES

2.1. Each spouse has a duty to take due care joint property and about the property belonging to the other spouse, accept everything necessary measures to prevent destruction or damage to property, as well as to eliminate the threat of destruction or damage, including necessary expenses both due to common Money, and from other income.

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

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

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

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

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

2.6. In the event of divorce, property that belonged to the spouses before marriage is not included in the amount of property subject to division.

2.7. Upon divorce, common property is subject to division in equal shares.

1. RESPONSIBILITY OF SPOUSES

3.1. Each of the spouses is responsible for the obligations assumed to creditors within the limits of the property belonging to him. If this property is insufficient, the creditor has the right to demand the allocation of the share of the debtor spouse, which would be due to the debtor spouse during the division of common property, in order to foreclose on it.

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

3.3. Execution on common property can be made only by general obligations spouses. If this property is insufficient, the spouses bear specified obligations joint liability with your property.

3.4. The liability of spouses for damage caused by their minor children is determined by Civil Law.

1. ENTRY INTO FORCE, AMENDMENT AND TERMINATION OF THE AGREEMENT

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

4.2. This agreement is subject to notarization.

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

4.4. Spouses have the right to contribute at any time genuine contract changes and additions. Unilateral refusal from execution of this

agreement is not allowed.

4.5. All controversial issues that may arise during the validity of this agreement, if the spouses fail to reach an agreement, shall be resolved in court.

SIGNATURES OF THE PARTIES:

Gr. _ Svetlyakov Vladislav Nikolaevich ______________________________,

Oktyabrsky district__6.7.89___________________________________________,

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

_____________________

(signature)

Gr. Krasotkina Marina Ilyinichna______________________________,

passport: series __2400_________, No. 084958_____, issued by Zlatoust Federal Migration Service

Oktyabrsky district__9.12.93___________________________________________,

address: Zlatoust, st. Oktyabrskaya, 6_______________________________________________

_____________________

If the spouses have realized what the advantages of a marriage contract are and have mutually agreed on the need to conclude such a document, all that remains is to perform this decisive act at the notary.

But before you go to the notary’s office, you should think about everything yourself essential conditions future contract. No lawyer or notary knows the specifics family life spouses and their property relations. After all, they will form the basis of a written document.

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

Correct preparation and execution of a marriage contract

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

There are other rules:

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

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

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

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

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

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

Introductory part

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

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

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

Main part

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

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

1. Property regime

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

For example, for Not movable property The spouses determine the regime of joint property. Apartments, houses and dachas, cars are shared. Shares in joint property can be either equal or unequal (for example, a third for a husband, two-thirds for a wife). For movable property, for example, Appliances, a separate ownership regime can be determined. Let's say the computer and refrigerator belong to the husband, and the washing machine, iron and multicooker belong to the wife. Here it is important to indicate on what principle the division of property between the owners will take place. For example, depending on whose funds the item was purchased, in whose name it was registered, who used the item in Everyday life(it’s stupid for a man to claim women’s jewelry or fur coats).

If we're talking about about already existing property, it wouldn’t hurt to bring it full list With detailed description everyone. Yes, for land plot you should indicate the location, area special purpose, cadastral number. For a car - make and model, year of manufacture, license plate number.

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

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

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

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

3. Income of spouses

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

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

4. Procedure for incurring expenses

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

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

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

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

1. Debt repayment procedure

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

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

1. Marriage agreement and mortgage

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

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

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

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

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

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

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

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

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

Final part

The following provisions should be made here:

• liability for violation of the terms of the marriage contract;
• rules for amending a marriage contract;
• basis for one and bilateral termination marriage contract;
• duration of the contract, term of validity individual provisions contracts;
• date of entry into force of the agreement.

Completion official document— details and signatures of the spouses.

What cannot be included in a marriage contract

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

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

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

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

Completed sample marriage contract