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What provisions can be included in a prenuptial agreement. What is a prenuptial agreement and why is it necessary?

A marriage contract can determine:

Reference! The word “property” means: income from work, business and intellectual activity (publishing books, for example), pensions, benefits, other non-targeted cash payments, real estate, things (excluding things for personal use, like a toothbrush or sneakers), securities, deposits, shares in capital.

It should be noted 2 important points regarding the marriage contract:

it can be drawn up both before marriage (it will come into force on the day of registration) and during the marriage (we talked in more detail about when such an agreement can be drawn up);
To each clause you can attach a condition under which the clause comes into force.

All this makes the marriage contract a flexible instrument. to regulate financial and exclusively property relations between spouses.

We talked about the purpose of this document and the conditions for its preparation, and in this article you will find out what clauses a marriage contract may contain.

Situations regulated by the document

Let's consider situations regulated by a marriage contract.

With existing property

The couple have been married for 3 years. In the 2nd year of marriage, my husband bought a car worth $5,000. From the point of view of legislation, this car is joint property (according to paragraph 1 of Article 34 of the RF IC), and in case of divorce, one of the spouses will receive a car, the other will receive compensation(or both will receive half the price). If, after buying a car, the spouses draw up a marriage contract, which states that the car belongs to the husband, then in the event of a divorce there will be no “division” - the car will go to the husband.

We considered the question of whether it is possible to draw up a prenuptial agreement for property such as an apartment if it was acquired before and after marriage.

Regarding future property

The bride and groom are about to get married. Before registration, they draw up a plan, according to which half of the net income of each of them goes to the family budget (becomes joint property), the other half remains “in the pocket.” The family budget is spent on utilities, food, and supplies for the child (if there is one).

If later, after marriage, the husband stops contributing 50% of his earnings to the family budget or disposes of joint money without the consent of his wife, the latter will be able to go to court.

What questions cannot be included in the document?

A marriage contract cannot:

Establish rights and responsibilities regarding children. Explanation: separate articles are responsible for alimony, parental rights and other issues regarding children (see sections 4 and 5 of the RF IC).
Limit spouses’ legal capacity, prohibit one of the spouses from going to court for protection. Explanation: a marriage contract cannot infringe on the rights of citizens.
Limit incapacitated spouses from receiving assistance. Explanation: such a requirement is another violation of the rights of a citizen.
Contain conditions that place one of the spouses in a dangerous or extremely disadvantageous position. Explanation: the condition “upon divorce, all the husband’s personal property goes to the wife” will never be satisfied by the court for quite obvious reasons - the husband will have nowhere and nothing to live on.
Regulate property. Explanation: testamentary dispositions are regulated by the Civil Code.
Regulate personal non-property relations. Explanation is in the subsection.

Important! If, during the divorce process, the court decides that the prenuptial agreement puts one of the spouses in an extremely disadvantageous position, it will happen.

Can this document establish personal non-property relationships between spouses?

No. Personal non-property relations mean everything that happens between spouses and is not expressed in money. You cannot write in a marriage contract: “The husband undertakes to communicate with his wife 4 times a week for 20 minutes while she cooks.” Such things are almost impossible to track, and the court, when sued by a wife on such a point, will be confused.

By the way, in some cases non-property conditions could be useful. In some Western countries, spouses can include a fidelity clause in the marriage contract: if one of the spouses cheated on the other, and this fact is proven, then the cheater loses all rights to joint property. Alas, in Russia such a condition is impossible.

A prenuptial agreement is responsible for regulated financial and property relations between spouses. It can redefine the basic concept of joint ownership, prescribed in Art. 34 of the Family Code of the Russian Federation. A marriage contract cannot concern children, freedom, safety and personal relations of spouses. Drawing up such an agreement is a good practice that allows you to avoid financial issues when living together or getting divorced.

Useful video

What is a marriage contract, as well as subtleties and nuances, we will look at the video:

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.

When entering into a prenuptial agreement, you must notify your creditors of 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 properties belong to the husband, which belong to the wife, which of them becomes common property if one or another condition is met. 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 contract 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 is involved in drawing up documents 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 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.

Changing or terminating a marriage contract unilaterally is possible only 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 by court is 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 pledged to support the family entirely, but due to circumstances 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.

A prenuptial agreement is a written agreement between those entering or entering a marriage regarding the division of property in the event of divorce. The content of the marriage contract is determined by the agreements of the parties, but it cannot contradict Art. 42 IC RF.

What governs a marriage contract?

note

A marriage contract without a notary's signature has no legal significance. The cost of processing this document starts from 5 thousand. The upper price ceiling depends on specific circumstances. Read more in this

Based on Art. 10 and 42 of the RF IC, a contract concluded before or during marriage regulates exclusively property issues. In this case, a regime of joint ownership of property acquired during marriage may be established that differs from that approved by law. Methods for dividing both existing material assets and those that can be acquired in future periods can also be agreed upon. The contract defines the rights and responsibilities of the husband and wife in terms of mutual maintenance and the formation of the family budget.

The marriage contract is concluded in writing. Its detailed content is determined solely by the wishes of the parties. The only requirement is compliance with current legislation.

The contract consists of the following sections:

Place and date of drawing up the marriage contract.
Details of the parties (full name, passport data, registration), information about the marriage.
A list of the property of each of the parties at the time of marriage, as well as property owned jointly if the marriage union has already been registered.
The procedure for dividing property.
Rights and obligations of the parties.
Procedure for making changes and terminating the contract.

All provisions of the contract must be accurate and not contain ambiguous interpretations. The description of the property must be such that it can be identified. The cost is indicated both in numbers and in words.

The agreement must be signed by both parties. By signing, the party certifies that she understands the contents of the agreement and agrees with them.

List of property

The section provides a list of all property owned by the parties at the time of concluding the marriage contract. A list of planned purchases is also provided. The list may include any property that the spouses consider important to divide. Contracts often include real estate, transport, securities, land, copyright, etc.

Options for division of property that may be provided for in the contract

According to current legislation, all property that was acquired by a spouse during marriage is joint property, and upon divorce is subject to division in half by agreement of the parties or by court decision. The latter option requires presenting arguments as to why one party or another has the right to the majority of the property. The contract may determine a different ownership regime, for example:

Shared ownership: when either party may be entitled to a certain share (for example, the wife receives 1/3 and the husband 2/3 of the marital property).
Separate property: when the property remains the personal property of the spouse in whose name it was registered.
Mixed ownership: The ownership regime is determined for each unit separately.
Joint ownership of all property: when spouses agree that joint property includes everything that each of them owned before marriage.

Rights and obligations of the parties

The subject of the marriage contract also includes the rights and obligations of the parties in terms of forming a family budget and supporting each other. The section includes the following items:

Income percentage, which each spouse must spend on general family needs. In this case, the list of income that is subject to division can also be defined in the contract.
Spousal support in case of incapacity for work The procedure for maintaining a wife during pregnancy and until a certain age of the child is often separately distinguished.
Amount and order of maintenance after divorce. However, this item can be enabled regardless of whether the recipient is working or not.

The procedure for owning property, as well as any rights and obligations that are not defined in the marriage contract, are regulated by the norms of current legislation.

What cannot be included in the contract

The following items cannot be included in the contract:

Non-property obligations: for example, time for a joint holiday, obligations regarding giving up “bad habits”, etc.
Provisions that infringe on the rights and freedoms of one of the parties, even if at the time of signing the contract she agrees to this. For example, it is impossible to restrict a person’s right to choose a place of residence, choose a profession, freedom of movement, etc.
Rights and obligations of husband and wife regarding the maintenance of common children. You cannot specify the amount of alimony, the child’s place of residence after a divorce, etc.
Provisions limiting the right to support a disabled spouse.
Any provisions that place one of the spouses in unfavorable conditions and worsen his rights regarding the norms of family law.

A notary will tell you what a marriage contract is:

Termination of the agreement and amendments

A marriage contract can be concluded either for a certain period or for an indefinite period (until the divorce). The text may specify certain points, the occurrence of which leads to termination of the contract. Otherwise, termination of the contract must also be made in writing.

Changes may be made to the agreement at any time during its validity period. They are formalized by signing an additional agreement, the provisions of which are determined by agreement of the parties. Moreover, the document also cannot contradict the Family Code.

Challenging the contract

The contract can be challenged in court both as a whole and its individual clauses. The reason for the challenge is usually that at the time of signing one of the parties did not understand the content of the entire agreement or its individual clauses.

Any questions you may have can be asked in the comments to the article.

In order to strengthen marriage and family, improve the culture of family relations, awareness of the rights and responsibilities of spouses, responsibility for children and for each other, persons entering into marriage and spouses can enter into a Marriage Agreement, which defines their agreements on:

Joint property and property of each spouse;

The procedure for dividing joint property of spouses in the event of divorce;

Material obligations towards each other in the event of divorce;

Forms, methods and means of raising children;

The place of residence of the children, the amount of alimony for them, the procedure for communicating with the children of the separately living parent, as well as other issues of maintaining and raising children in the event of divorce.

The Marriage Agreement may also regulate other issues of relations between spouses, if this does not contradict the legislation on marriage and family.

Persons entering into marriage and spouses can enter into a Marriage Agreement at any time and to the extent of agreements determined by them. Minors entering into marriage enter into a Marriage Agreement with the consent of their parents and guardians, except in cases where they acquire full legal capacity before marriage.

The marriage contract is concluded in writing and is subject to notarization. A marriage contract concluded between persons entering into marriage comes into force from the date of registration of the marriage by state bodies registering acts of civil status.

Persons entering into marriage, as well as spouses before dissolution of marriage by mutual consent, can make changes and additions to the Marriage Agreement at any time, having them certified by a notary.

The procedure for certification, termination of the Marriage Agreement, amendments and additions to it is determined by the legislation of the Republic of Belarus.

A marriage contract should not violate the rights and legitimate interests of other persons.

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 Republic of Belarus.

By its legal nature, the Marriage Agreement is fundamentally civil in nature. However, unlike the legislation of some other foreign countries, the Belarusian Code also provides for the regulation of non-property, i.e. personal relations between spouses.

The resolution of the Plenum of the Supreme Court dated June 22, 2000 No. 5 states that a marriage contract cannot limit the legal capacity or capacity of spouses, their right to go to court to protect their rights. It should also not contain conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law (clause 11).

Agreements between spouses regarding the mutual maintenance of one spouse by the other that violate the rights of an incapacitated needy spouse, agreements between spouses that provide for an amount of alimony for minor children below that established by Art. 92 CoBS, like any other agreements that are contrary to the law.

When regulating property relations, spouses can resolve issues relating to both joint property and the property of each of them.

When dividing the joint property of the spouses, they can establish the shares of each of them, deviating from the principle of equality of shares, or agree on the impossibility of such a deviation, securing this agreement. Moreover, the Marriage Agreement can specifically indicate which items of property should be transferred to each spouse in the event of divorce. At the same time, the issue of the amount, procedure and timing of payment of monetary compensation is being resolved (Part 3 of Article 24 of the Code). At the same time, spouses have the right to determine the fate of both already acquired joint property and property that will appear in the future.

As for the property of each of the spouses, in the Marriage Agreement they can agree that this property will retain this regime even in cases where during the marriage its value has increased significantly due to investments made (see paragraph 6 of the Instructions on procedure for notarization, amendment and termination of the Marriage Agreement, approved by order of the Ministry of Justice of the Republic of Belarus dated November 15, 1999 No. 243).

In the Marriage Agreement, spouses have the right to determine their rights and obligations regarding mutual maintenance, ways of participating in each other’s income, the procedure for each of them to bear family expenses, etc.

The Code of the Republic of Belarus on Marriage and Family included in the subject of the Marriage Agreement, along with property and personal (non-property) rights and obligations of spouses.

The subjects of the Marriage Agreement are the spouses who registered the marriage in the registry office.

The form of the Marriage Agreement is written, with mandatory notarization (Part 4, Article 13 of the Code of Laws of Ukraine). Moreover, its certification can be carried out by a notary of any state notary office, as well as by a notary of a private notary office.

A marriage contract can be changed or supplemented by spouses by mutual consent only during the period of marriage, i.e. as stated in paragraph 9 of the said Instructions of November 15, 1999 No. 243. A marriage contract by mutual consent of the spouses can be changed or supplemented only before the divorce.

Unilateral refusal to execute the Marriage Agreement is not permitted. Conditions of the Marriage Agreement that place one of the spouses in an extremely unfavorable position or violate the interests of minor children, as well as failure to comply with the form when concluding or amending it, are grounds for invalidating the agreement.

The requirement to recognize the Marriage Agreement as invalid in whole or in part can be considered by the court simultaneously with the claim for divorce, since these requirements are interconnected (Part 1 of Article 250 of the Code of Civil Procedure).

The amount of the state duty on claims to invalidate the Marriage Agreement is determined by the court depending on their nature, i.e. property or non-property (clause 11 of the resolution of the Plenum of the Supreme Court of June 22, 2000 No. 5).

A marriage contract may be terminated by agreement of the parties or at the request of one of the spouses by a court decision on the grounds and in the manner established for amending and terminating the contract, Art. 420-421 Civil Code of the Republic of Belarus. However, at the request of one of the parties, the contract can be terminated or amended only in the event of a significant violation of the contract by the other party and in cases provided for by civil legislation, other acts of legislation or the contract.

A violation of the contract by one of the parties is considered significant, as a result of which the other party is significantly deprived of what it had the right to count on when concluding the contract.

The basis for both amendment and termination of the contract is a significant change in the circumstances from which the parties proceeded when concluding it, unless otherwise provided for by the contract or follows from its essence in connection with the execution of the contract.

The marriage contract terminates when the spouses dissolve the marriage or declare it invalid.

A prenuptial agreement is drawn up to resolve some significant problems that may complicate the life of the spouses in the future. Therefore, specific clauses are introduced into the contract that do not contradict the provisions of Chapter. 8 IC RF.

1. Property is transferred to the ownership of the spouse:

At once;
when certain circumstances arise.

2. The text of the document can regulate all issues related to the wedding ceremony and the allocation of funds for travel. However, it makes no sense to indicate in this agreement the responsibilities of third parties, whose role is usually played by parents.

The spouse can receive money as a gift from his parents or earn the required amount on his own. If necessary, a prudent lawyer will develop an additional agreement that will be concluded:

between one of the spouses and the parents of the other spouse;
between parents and children;
between the spouse and his relatives, if they have joint property;
between the parents of the spouses (the most common option).

3. One of the spouses is obliged to provide housing for the family (has such financial capabilities).

4. One of the parents requires maintenance, so a certain amount will be withdrawn from the family budget.

5. Children should appropriately:

financially supported;
get education;
rest;
be provided with additional medical care if necessary.

There may be many such problems that should be resolved in advance by signing an agreement. But they are all of a material nature!

The volume of property indicated in the marriage contract

The designated document can be compiled briefly, on one sheet, or can be presented in expanded form, where all points are detailed. That is, any nuances of family life are taken into account.

The document regulates the relationship between spouses, one way or another related to the distribution of property. Usually its content concerns the property rights of a specific spouse:

on real estate;
for cars;
for doing business;
to own jewelry and collectibles.

A clause on the right to use specific property may also be introduced.

1. The property specified in the contract may be acquired before marriage.

2. Property acquired during marriage is formed. The right to transfer jointly acquired property (the main part of it) into one hand can be ensured by a marriage contract.

3. The status of even the property that was:

transferred to a specific spouse by inheritance;
presented to him as a gift.

4. Usually a married couple develops the terms of an agreement before the wedding. Also, spouses can live together for many years and then decide to draw up a marriage contract.

Essential points that need to be taken into account in a marriage contract

1. Capital is allocated. Inherited or gifted property that was acquired during the marriage by one of the spouses will not be taken into account in the divorce. But proceeds from the sale of even such property are subject to division.

For example, a spouse sold an inherited plot of land. Time passed and the marriage broke up. It becomes extremely difficult to determine the source of any specific funds.

Let's say the spouse proves that the mentioned amount was received as a result of the sale of his personal property. Still, he will not be able to prove that he did not use the property of the other spouse or joint family property during the marriage.

Spouses often get into disputes trying to allocate property that belongs to them personally. Even if a marriage contract has been drawn up, it is still difficult for a practicing lawyer to prove that the client is right, since when drawing up the document independently, the spouses do not take into account many essential points.

Therefore, you should initially involve a competent lawyer so that the document is drawn up correctly and its content does not cause controversy.

2. Debt obligations are taken into account. Even before registering a marriage, spouses are required to notify each other about previously issued debt obligations. In the future, the debt-free spouse will help the debtor resolve all issues with creditors. But after the dissolution of the marriage (if these conditions are specified in the contract), the spouse who cunningly got rid of debt obligations will be forced to compensate for the funds provided to him by the other spouse.

A qualified lawyer involved in divorce proceedings, as well as in the division of property on the side of the generous spouse, will be able to prove that his client has resolved the problem using his own funds. Moreover, you can try to convince the court that the opponent is an unscrupulous spouse who created a family solely for selfish purposes and did not intend to continue the family relationship (Article 30 of the RF IC). Then:

the marriage is declared invalid and dissolved;
will oblige the guilty person to compensate for losses associated with the wedding ceremony.

3. Your own business stands out. Typically, a businessman spouse expresses a desire to include a clause in the marriage contract that excludes his company from the list of property that can be divided during a divorce.

4. The circumstances associated with the conclusion of a second marriage are taken into account. A spouse who has acquired negative experience from his previous family life becomes more cautious and reasonable. When drawing up a marriage contract, you have to take into account all the circumstances that could affect your way of life in the event of a new divorce.

In addition, he could have had children in his previous marriage. So some funds do not initially go to the disposal of the newly formed family, but are sent to its children born in a previous marriage. In addition, the former spouse may need significant financial support, and such a requirement may be guaranteed by law.

5. If one of the spouses becomes temporarily unemployed, the other spouse can be obliged to provide him with financial assistance. In this case, it should be clearly defined:

the duration of such assistance;
its size.

6. A very important point is the payment of alimony in the event of divorce. If during marriage a spouse had the right to receive financial support, he can demand his share in an increased amount after a divorce. Moreover, the size of this share can be 3/7 of the previously recorded revenues to the family budget, and in some situations even exceed the specified amount.

The size of this requirement may be increased:

if your spouse is sick;
if the second member of the former married couple still cannot find a decent job;
if your ex-spouse (husband) has to constantly look after the children, forget about previous ambitions, about business projects or about looking for a serious job.

Submitting a document in court simplifies as much as possible the procedure for collecting the required amount from the more prosperous spouse. Although a highly qualified legal practitioner helps clients in certain situations seek financial assistance from an ex-spouse even without this document, if the law allows for the relevant demands.

Additional conditions that can be included in a marriage contract

1. Full financial assistance can be provided:

another spouse who is married or has experienced a divorce and who requires assistance due to illness or due to unsettled life;
children;
parents of spouses;
other relatives;
to third parties who are not related.

payment to the other ex-spouse of certain amounts;
allocation of funds for living expenses;
payment of utilities;
payment for treatment;
allocation of money for education, recreation, etc.

3. Spouses can apply to creditors separately. At the same time, a clause on a mutual obligation to cover debts that were incurred by either spouse can be introduced into the marriage contract. The same provision may apply to old, premarital debt obligations.

4. Sometimes marriage is a formality. That is, spouses:

do not support generally accepted marital relations;
are not engaged in general economic activities;
live separately;
have no children together.

A similar situation can manifest itself after marriage, and even after many years. So it is worthwhile to foresee in the marriage contract the possibility of such a relationship. For some reason, the spouses continue the marriage, but it can be considered actually terminated.

5. If a husband and wife, who have actually terminated their marital relationship, have children but live separately, the place of residence of the heirs should be determined in the marriage agreement.

6. During the period of actual termination of the marriage bond, if the marriage has not been legally dissolved, the spouses continue to acquire property. At the same time, they live separately, so it is worth introducing into the marriage contract a provision about the impossibility in the event of divorce:

claim a share of property acquired during this period;
make other material claims.

Although one of the spouses may be interested in the opposite. He has the right to demand the inclusion in the document of a clause on the division of all real estate, as well as other material assets that were acquired by family members (even those living separately) during the marriage.

7. Spouses must include in the document a clause on the division of property in the event of a divorce. Although a newly formed married couple cannot know exactly what material values they will have just at the moment when they are about to break the marriage ties. Therefore, such issues are considered in general terms. The agreement can only specify the method of division of property.

For example, the ex-wife gets a house purchased with common funds. At the same time, she undertakes to pay her ex-spouse half the cost of the designated real estate. The same provision may apply to valuable movable property - a car, other vehicles.

Also, spouses can agree to sell all joint property in order to then divide the proceeds. Then the share of each spouse must be indicated in the document.

Non-property issues regulated by a marriage contract

At the time of marriage registration, the husband has the right to choose his wife’s surname (usually vice versa), and the spouses also have the right to remain with their previous surnames.
The issue of choosing a surname may also concern children. In addition, future parents can indicate in the document a list of names that their children will have.
After a divorce, the spouses will have to live separately. Therefore, it is very important to indicate in the marriage contract the place of residence of the children if the family breaks up. By the way, they can live not only with their parents, but also with other relatives.
Issues of raising children require agreement in general terms. For example, you can indicate in the document the obligation or right of the spouse after the birth of a child to engage exclusively in raising him for a certain number of years.

What items should not be included in a prenuptial agreement?

An experienced lawyer who draws up such documents will tell clients exactly which clauses should not be included in the marriage contract. Indeed, in certain cases, the actions of clients may be considered fraudulent (Article 159 of the Criminal Code of the Russian Federation).

For example, a spouse by law has the right to receive financial assistance from the other spouse. However, he does not use this right, since such a clause was specifically included in the marriage contract. As a result, he receives material assistance from the state, thereby causing damage to the state.

Here, the actions of the spouses contain signs of fraud, since they initially drew up a document that would later be declared invalid by the court (Article 168 of the Civil Code of the Russian Federation).

Another example: a proud spouse refuses child support in the event of a divorce. This condition may be included in the prenuptial agreement. However, there is a law! And he obliges the other spouse to pay alimony.

Children should not be allowed to suffer because of bad relationships between parents. Moreover, the marriage contract must define such amounts (other alimony obligations) that would not be less than those assigned by law (Article 99 of the RF IC).

Sometimes spouses are forced (as circumstances arise) to live together in the same area, since there is no other suitable housing at their disposal. It is worth indicating in advance in the document the procedure for distributing responsibilities for maintaining the premises in good condition, which will consist of:

in cleaning;
in allocating money for repairs;
in order to use the common territory;
in payment of utilities, etc.

In the future, the court will not consider mutual claims if one of the ex-spouses unilaterally wishes to change the terms of the agreement.

Let's assume that all provisions in the contract are clearly stated and do not contradict the law. Then the court will oblige the dissatisfied ex-spouse to fulfill them.

During what period of marriage is a prenuptial agreement concluded?

Such a document can be drawn up:

before the wedding;
during the initial period of marriage;
many years after marriage registration, if circumstances have changed.

That is, the document can be drawn up at any time. However, it is not always worth going to court with this document held tightly in your hands. And sometimes not all of its points will be considered valid.

For example, the marriage has not yet been concluded, but the future spouses have already drawn up a marriage contract. It is impossible to demand from citizens who are in such an incomplete status to fulfill its conditions.

Some clauses of the marriage contract are declared invalid by the court:

because they are contrary to the law;
since these provisions infringe on the rights of the wife (husband);
since their fulfillment was possible only during the period of marriage, but the spouses had already divorced.

Can people in a civil marriage sign a prenuptial agreement?

The so-called civil marriage is the actual cohabitation of two citizens of the opposite sex who do not want to officially register their relationship.

Cohabitants can describe their rights and obligations in detail, and then sign and notarize this marriage agreement. But it was drawn up before the state registration of the marriage, so it has not yet come into effect.

If there is no registered marriage, then all the conditions indicated in the document are only wishes and do not yet have legal force.

How to oblige a spouse to maintain marital fidelity through a marriage contract?

A competent lawyer advising clients is very often asked the following question: is it possible to punish a cheating spouse by taking away all his property if the corresponding clause is included in the document? Indeed, many spouses demand that a clause regarding punishment for infidelity be included in the marriage contract. However, this point will not be considered legal. The other party to the contract can easily challenge it in court.

Moreover, all other clauses in one way or another related to this provision will also be declared invalid. Although the contract itself (its other clauses) is recognized by the court as such that it requires execution.

How should the agreement deal with the other spouse's secret debts?

Let's say one of the spouses borrowed a certain amount from a friend or relative. He could also apply for a loan. But at the same time, he did not inform the other representative of the couple about his decision and spent the money at his own discretion.

In this situation, clearly defined terms of the marriage contract are of decisive importance. When drafting the relevant clauses of this agreement, you should consult with a lawyer.

Otherwise, an unscrupulous spouse will be able to withdraw significant sums from the family budget or from the personal savings of the other spouse before the divorce, and then also divide the remainder of the common property in half. This is beneficial for him, because both spouses will have to pay off their debts, as may be indicated in the marriage contract.

1. The marriage contract regulates only property relations, which certainly arise between spouses (Article 40 of the RF IC). But neither this document nor the law can force you to love your partner and remain faithful to him.

2. You can conclude a marriage contract at any time: both before the marriage and after its registration. However, the document becomes valid only after the official registration of the marriage, while some points lose relevance after a divorce.

But it makes no sense for cohabitants to enter into a prenuptial agreement, but other agreements can be drawn up:

confirming personal property rights;
determining the status of joint children.

A marriage contract concluded between common-law spouses will be considered invalid (premature) until these persons register their marriage.

3. The contract is terminated or amended if both spouses agree to this (Article 43 of the RF IC). Also, the document may subsequently not be recognized by one of the parties for the reason that its terms clearly infringe on its rights and put it in a very disadvantageous position (Article 44 of the RF IC).

4. A settlement agreement can serve as a kind of analogue of a marriage contract. The law provides for the possibility of pre-trial resolution of disputes (Article 346 of the Code of Civil Procedure of the Russian Federation, 99 of the RF IC and other legal acts). Such an agreement takes on the force of a court order, so it will have to be executed even without the intervention of a judge.

Weigh each phrase very carefully when developing a prenuptial agreement. A document that is not clearly drawn up or that conflicts with the law will inevitably be declared invalid (voidable or void).

Consult your lawyer and express your wishes to him. An experienced lawyer draws up agreement options that suit a particular client or both spouses, if the clients are a married couple.

In the event of disputes, a serious lawyer who worked on drawing up a marriage contract will be able to successfully protect your property interests in court and get the bailiffs to step up their actions.

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