Drawing up a draft marriage contract

In order for spouses to be able to regulate relations in the property sphere during the period of official marriage on their own and to minimize the time that may be spent during the divorce process on the division of property, the legal institution of a marriage contract is enshrined in Russian legislation. A marriage contract is convenient because it can be used to transfer the property reflected in the contract from the joint ownership regime to the contractual regime.

This written document is not unshakable from the moment it is drawn up and signed, so its terms can be changed or even terminated. How to correctly draw up marriage contracts, dissolve them and divide marital property according to them will be discussed below.

Definition of a marriage contract

This is a written document that records the agreement of persons intending to enter into a marriage relationship, or the agreement of a wife and husband.
The contract can regulate the property responsibilities and rights of the husband and wife during an ongoing marriage and in the event of divorce, i.e. may determine the procedure for dividing property. Here it is necessary to indicate 3 important features of the contract:

1. Not only a Russian citizen, but also a citizen of a foreign country can be a party to a marriage contract.
2. The concept of “property” includes: Various assets, such as real estate, bank deposits, stocks or cars, that are owned by one or both marital partners.
3. Debts (mortgages, consumer loans, etc.).
4. Various government payments (maternity capital, disability or disability benefits, pensions).

How a marriage contract is changed and terminated

The amendment and termination of a marriage contract is regulated by Article 43 of the RF IC.

Spouses have the right at any time, by mutual consent, to change or cancel the marriage contract. Such change or termination of the contract must be formalized by the spouses in writing. And have it certified by a notary. The obligations of the spouses will be considered changed or terminated from the time the agreement is concluded, unless otherwise determined by agreement of the parties.

The law does not allow unilateral refusal to fulfill this agreement. In the absence of mutual consent of the spouses, the marriage contract can be changed or terminated at the request of one of them only through the court. No other persons have the right to make such claims. When deciding such a case, the court is guided by Articles 450 and 451 of the Civil Code of the Russian Federation, which contain the grounds for amending and terminating the contract. The most important of these is considered to be a significant breach of contract by one of the parties. Therefore, when concluding a marriage contract, we recommend indicating violations that may be considered significant. And which will become the basis for changing or terminating the agreement.

A special reason for changing or terminating a contract is a significant change in the circumstances that were foreseen by the parties when concluding the contract. This is such a change in circumstances that if the parties had foreseen them, they would not have concluded the contract at all.

According to Article 453 of the Civil Code of the Russian Federation, upon termination of a contract, the obligations of the parties cease from the time an agreement is reached or a court decision enters into legal force. At the request of each party, the court will determine the consequences of termination of the contract.

If the terms of the contract are changed, the rights and obligations of the spouses remain unchanged. The agreement changes individual terms and content of obligations. But it retains its effect for the future.

The marriage contract is considered terminated from the moment of divorce. But those obligations that the agreement secured for the period after the termination of the marriage continue to apply.

Circumstances of execution and legal features of the contract

The contract cannot be drawn up in simple written form, i.e. write or print on a piece of paper and then date it and sign it, as this will make it invalid. The only legal form of agreement is the notarial form.

This does not mean, of course, that the notary is obliged to take part in writing the text of the agreement. The notary's duty is to check the contract for compliance with Russian legislation, explain to the parties to the contract the meaning of its clauses and register it if there are no contradictions with the law. Spouses are free to decide whether they will draw up a contract themselves or involve third parties in this matter, for example, relatives, friends, lawyers or other legal professionals.

To successfully conclude a marriage contract, you must go through the sequence of steps indicated in the table below.

Based on the above, the legal features of a marriage contract include:

1. 
   Written form and notarization.

2. The parties to the contract can be fully capable citizens who are 18 years old at the time of drawing up the contract, or persons who have undergone the emancipation procedure.
3. Regulation only of the property sphere of life of spouses and the procedure for dividing property assets during a divorce.
4. The ability to limit the duration of the contract to a specific period, for example, a five-year period.
5. Marital rights and obligations specified in the contract may arise in connection with the occurrence of any condition, for example, due to the purchase of real estate.
6. Prohibition of unilateral refusals to fulfill a marriage agreement.
7. Regulation of property relations, the terms of which are specified in the contract, begins only from the moment of registration of marital ties in the state civil registry office, if the contract was concluded by unmarried persons.

Forms and samples

Download a completed sample marriage contract

Download a blank sample marriage contract

We recommend that you download the standard template proposed by our lawyers, and then use it as a draft agreement, modifying it to suit your information. In addition, by clicking on the first link, you can save a photo of the marriage contract of one of the most famous couples in Russia.

How the contract is concluded in 2021

The signing of a marriage agreement is an exclusively voluntary procedure, formed when an agreement and the desire of future or current spouses arise. That is, any influence of third parties and external factors, coercion to draw up and sign, as well as pressure on one of the parties is completely unacceptable!

At the same time, the fact of signing is not a prerequisite for the newlyweds to enter into marriage.

Note

If both parties have come to a common decision to sign a marriage contract in the Russian Federation, then they should first decide on the subject, and then together draw up the text of the contract itself, the content of which is written in Article 42 of the RF IC.

In addition, we recommend paying attention to Article 44 - this will help to exclude cases of invalidation of the agreement.

ARTICLE RECOMMENDED FOR YOU:

Alimony in 2021: changes and news

Then you need to collect and prepare (make copies, certify, etc.) a package of papers, checking the required list with the notary. We also recommend that you later look at our new article about the possibility of guardianship of an elderly person after 80 years of age!

Required documents

So, to sign the agreement you need the following basic package of documents :

• passports of both parties;
• papers that confirm the right to real and movable property of both parties, statements of shares in an LLC or ownership of shares, etc.;
• marriage certificate (if the parties are married);
• all available receipts for payment of notary services and fees (experienced lawyers recommend finding out this information in advance, because it can vary significantly depending on: the costs of the notary’s work, the content of the contract itself and the location of the notary).

Sometimes the notary may also request additional documents. Usually, this happens if he has doubts about the authenticity of the documents provided and the reliability of the information provided.

Expert opinion

Oleg Ustinov

Practicing lawyer, author of the website “Legal Ambulance”, one of the co-founders of the “Our Future” foundation.

Remember that visiting a notary to certify a document is a mandatory part of the procedure for signing a marriage agreement.

The contract document is signed by each party personally in three or four copies, one of which remains in the archive, and the rest are distributed to the parties. At the same time, it is not allowed for representatives to sign a marriage contract, except in situations where one of the spouses is unable to sign due to a physical disability or illness.

The direct responsibility of the notary is to explain the general meaning of the agreement being signed in order to once again make sure that both parties understand their obligations and rights. At the same time, the notary is obliged to read the text of the agreement, and only then certify it.

Subject of the agreement, rights, obligations and responsibilities of the parties

The subject of a marriage agreement may be:

1. Changing the legal regime of marital property to the regime that will be convenient for the spouses (separate, shared).
2. Property assets owned by the marriage partners or assets they intend to acquire in the future.
3. Distribution of expenses for family needs.
4. Issues of mutual maintenance in marriage.
5. Participation in each other's earnings.
6. The procedure for dividing property.
7. Other property issues.

The table indicates what approximate mutual responsibilities and rights marriage partners can acquire after the contract has been certified.

Spouses have the legal opportunity to determine the penalties for each of them in the event of violation or evasion of the obligations assigned by the contract. Such liability measures may be:

• Penalty. It can be applied as a penalty if a spouse, for example, does not want to fulfill the obligation to support the other spouse.
• Compensation for losses by transfer of funds or other property. It is advisable to prescribe such a measure of responsibility for spouses in order to prevent cases of damage to individual property by another marriage partner.
• Compensation in kind. Provides for the obligation to return the same item to replace the damaged one.
• Judicial liability. The parties to the contract have the right to stipulate in it that their unresolved disputes may be referred to trial. It is important to note that the court has the ability to apply not only civil liability (compensation for damages, penalties), but also criminal liability, which implies the subsequent placement of the perpetrator in prison for the deliberate destruction of property, the use of violence when concluding a marriage contract.

Marriage agreement for persons getting married

Document type: Marriage agreement

To save a sample of this document to your computer, follow the download link.

Document file size: 17.3 kb

This certificate allows spouses to settle all rights and obligations in relation to property that arise during the marriage and after its dissolution.

Features of the document

The key difference between such an agreement and others is that any property at the disposal of the spouses and acquired by them in a joint marriage belongs to the person in whose name it is registered. And after the divorce, it is that party that is the owner, even if the other party paid for the purchase.

The clause that states that property owned before marriage by one of the spouses remains in his possession after its dissolution remains unchanged.

This is interesting: Passport exchange at 20 years old, what documents?

The property that is common must be disposed of by the spouses by mutual consent, except for those cases specified in the contract.

To comply with all terms of the agreement, each party must:

• respect the interests and legal rights of the other party;
• carefully use joint and own property;
• give the other party the opportunity to fully enjoy their property.

After signing such an agreement, it comes into legal force, and its validity ends upon the dissolution of the marriage.

Features of the termination procedure

By mutual consent

If marriage partners decide to terminate a previously concluded contract, they need to do the following:

1. The two of you go to a notary and in his office draw up an agreement to terminate the marriage contract.
2. Next, you need to pay the notary a sum of money to certify this agreement.
3. Each spouse must receive 1 copy of this agreement in hand.

Only after this can the marriage agreement be considered terminated.

Unilaterally

You cannot voluntarily refuse to fulfill a valid contract. It is necessary to negotiate with the second spouse and seek termination of the contract by mutual consent.

If the relationship has reached the stage of alienation, it is necessary to notify the spouse of the desire to terminate the marriage contract in writing. If the marriage partner, in response to a written request to terminate the contract, sends a refusal or remains silent for more than 30 days, the interested party should declare to the magistrate's court that he considers the marriage agreement invalid. The grounds for invalidity are:

1. Violation of Russian legislation. This should be understood as including in the text of the contract: Conditions limiting the legal capacity of one of the parties.
2. Conditions prohibiting the use of judicial protection.
3. Provisions on the regulation of non-property relations.
4. Conditions that allow us to talk about the sham of the contract. This means that the spouses do not intend to create legal consequences as a result of the conclusion of the contract.
5. Conditions on child support payments for minor children.
6. Conditions that place one of the marriage partners at a disadvantage.
7. Provisions indicating the sham of the contract. This refers to the desire of one or both parties to hide the other transaction.

Another reason for demanding termination of the contract is the violation of the terms of the contract by the second spouse.

After the divorce process is completed

By default, a prenuptial agreement becomes null and void on the day the marriage is legally terminated. However, spouses have the right to indicate in the contract conditions that will apply after the end of the marriage, for example, the husband’s obligation to support his ex-wife for some time or help her settle into another home.

How can you dissolve a contract after marriage? The options are as follows:

1. Termination by mutual consent in a notary's office.
2. Terminate through the court, impose on the culprit the responsibility specified in the contract, and force the obligated person to fulfill his obligations with the help of the bailiff service.

Sample marriage contract completed in 2021

Sample completed marriage contract

Sample marriage contract. Form

MARRIAGE CONTRACT

Sample statement of claim for invalidation of a marriage contract

Sample statement of claim for invalidation of a marriage contract

MARRIAGE CONTRACT

Zlatoust May 22, 2015

Citizen of the Russian Federation Svetlyakov Vladislav Nikolaevich

(Full Name)

and citizen of the Russian Federation Krasotkina Marina Ilyinichna,

(Full Name)

hereinafter referred to as “Spouses”, voluntarily, by mutual consent, entering into marriage in order to settle mutual property rights and

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, a joint ownership regime is established. 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 through other gratuitous transactions is his property.

1.3. By the time of the conclusion of this agreement, Mr. 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 made of 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 labor activity, entrepreneurial activity and the results of intellectual activity, pensions received by them, benefits and other monetary payments that do not have a special purpose. Possession and use of common property is carried out by mutual agreement.

1.5. The right to common property also belongs to the spouse who, during the marriage, managed the household and cared for children.

or for other valid reasons did not have independent income.

1.6. Personal items (clothing, shoes and others), with the exception of jewelry and other luxury items, although

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

1.7. Income for special purposes (amounts of financial assistance, amounts paid in compensation for damage due to loss of ability to work due to injury or other damage to health, etc.) is recognized as the property of the spouse to whom they are paid.

1.8. Spouses have the right to dispose of common property by mutual consent. The consent of 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, the prior written consent of the other spouse is required. 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 carry out 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, the spouses, by mutual agreement, have the right to change the regime of joint ownership established by this agreement.

1. RIGHTS AND OBLIGATIONS OF SPOUSES

2.1. Each spouse is obliged to take proper care of joint property and property belonging to the other spouse, to take all necessary measures to prevent destruction or damage to property, as well as to eliminate the threat of destruction or damage, including making necessary expenses both at the expense of common funds , and from other income.

Each spouse is obliged to respect the rights and legitimate interests of the other spouse established by this marriage contract and the law, 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 to a significant reduction in the income of the spouses.

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. The common property can be foreclosed on only for the common obligations of the spouses. If this property is insufficient, the spouses bear joint liability with their property for these obligations.

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 make changes and additions to this agreement at any time. Unilateral refusal to comply with 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 ______________________________,

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

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_______________________________________________

_____________________

(signature)

The procedure for dividing property under an agreement

There are two possible partition options indicated in the table.

Marriage agreement with the participation of foreign citizens

The process of successively concluding a contract with certain citizens of certain foreign countries provides for a completely free choice by the parties to the proceedings on the basis of legislative law, as a result of which a decision will be made.

The main limitation in the situation is the mandatory permanent possession of citizenship of our country by one spouse. However, despite everything, an agreement drawn up between husband and wife, based on the main law of a foreign state, will not be taken into account on our territory. The main advantage for each subject of a formalized marriage contract, constantly expressed in the clause, should be the free choice of conditions from the whole variety, only those that maximally reveal individual interests.

Arbitrage practice

Most often, according to judicial statistics, spouses challenge the validity of marriage contracts. One of such cases was considered in the Tchaikovsky City Court of the Perm Territory in September 2017.

The husband demanded that the marriage agreement with his wife be declared invalid by the court. As a reason, he indicated that the garage and house with a plot of land were his personal property before signing the marriage contract. However, his wife forced him under an agreement to give her half of the above property. According to the husband, his wife put him in unfavorable conditions and imposed an enslaving deal.

The lawyer who acted as the husband’s representative added that shortly before the contract was drawn up, a conflict arose between the spouses. As a result, the husband beat his wife, and she turned to the police for help. To avoid going to prison, the plaintiff agreed to the enslaving terms of the contract.

The defendant's lawyer presented the following counterarguments:

1. The initiative to conclude a marriage agreement came from the husband.
2. The wife did not exert any pressure on her husband.
3. The notary explained the provisions of the contract to the husband, therefore, he understood what exactly would happen to his personal property.
4. On the days indicated by the husband, the wife did not write a statement to the police and did not film the beatings in the hospital. For this reason, the husband cannot say that he was forced to enter into an agreement.

During the hearings, the judge found that:

• When certifying the marriage agreement, the notary acted within the framework of the law.
• The plaintiff is a capable citizen and has no history of illnesses that prevent him from understanding the surrounding reality, as well as the nature of his actions.
• More than two years passed between the day the contract was concluded and the recorded fact of the beating.
• Witnesses confirmed that the wife did not threaten her husband with criminal prosecution.
• The plaintiff knew about the terms of the contract and agreed to them by signing the contract.
• The husband provided no evidence that the contract placed him at a disadvantage.
• The plaintiff began legal proceedings on the invalidity of the marriage agreement after the expiration of the statute of limitations, which is equal to 1 year from the date of certification of the contract.

This leads to the judge's final conclusion that the plaintiff's claims do not comply with legal standards and should be rejected.

How to fill out an agreement

In order for this form to have legal force and be able to resolve issues and disputes between spouses, it must be drawn up correctly.

Contents of the marriage contract

The form can discuss absolutely any requirements and rules for living together. Here you can mention both the material side and personal relationships, right down to the intimate life of the spouses.

For example, the content of the agreement may include rules for the division of personal property. After all, according to the law, those things that were acquired during married life together, in the event of divorce, are divided in half. The contract may mention the property that belonged to the spouses before marriage. (You can read about divorce through the court here).

You can also enter information about personal gifts that were given to one of the spouses from other people in the document form. For example, one of the parents gave his wife a fur coat or jewelry, indicating this in the document, this item will remain the property of the wife.

Especially often the need to conclude such a contract arises in relation to housing conditions. For example, the law provides that if, upon marriage, a spouse moves into the property of the other spouse, he has full rights to that property even after a divorce. To exclude compliance with this legislation, the content of the marriage contract may mention that the rights of this property will remain with the owner of the living space.

In addition, the content can include the family responsibilities of each spouse. For example, these may be rights regarding the education of children, replenishing the family budget and other responsibilities.

Regulatory framework