Marriage contract and children: division of children, transfer of property after divorce and more

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Legal relations between spouses are strictly regulated by the norms of current legislation. At the same time, the normative level reflects the possibility of concluding a marriage contract between husband and wife at any time before registering a marriage or after the wedding. This document may contain rules relating exclusively to the property rights of spouses. In the case of children, the procedure for their maintenance can only be established at the level of a contract or agreement. In order to draw up a document correctly, you need to know and take into account all the rules enshrined in the RF IC. All the features of drawing up and applying a marriage contract will be discussed in this article.

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Does a marriage contract regulate the rights of children?

The concept of a marriage contract is strictly reflected in Art. 40 IC RF. This legislative norm provides that a marital contract is an agreement between citizens registering official relations on issues related to property rights, responsibilities of husband and wife during their marriage and in the event of divorce. Thus, this definition emphasizes that a marriage contract can only regulate those relations that are related to property.

IMPORTANT

Part 3 art. 42 of the RF IC indicates that the provisions of a marital contract cannot regulate personal relationships between husband and wife, as well as relate to the rights and obligations in relation to joint offspring. This suggests that a marriage contract cannot regulate or provide for the rights of children.

Marriage agreement and custody of a minor child

The general concept of a marriage contract and guardianship of a minor child in a civil legal relationship can be found quite rarely. As a rule, contractual relations relate only to property, and child custody refers to the sphere of personal legal relations.

That is why judicial practice states that if conditions are included in the marriage contract that are related to determining the place of residence of children, their further legal fate, this document may be declared invalid by the court and consequences in the form of annulment will be applied to it.

Therefore, it is necessary to determine what can be part of the contract entered into by spouses in marriage and what cannot.

Basic rules of a marriage contract

A marriage contract is a civil legal transaction.

Since this document is drawn up between spouses, children cannot be parties to the marriage contract. Also, the conditions should not contain elements that in one way or another indicate the future position of the child after the divorce of his parents and other personal rights and obligations of the minor.

At the moment, the Family Code, in particular Article 40, defines some rules that the parties entering into it must obey. As well as the consequences of incorrect application of the law that governs the concluded agreement.

1. a marriage contract is concluded at any time between two persons who have entered into marriage, or who wish to do so, in notarial form, without coercion or violence;
2. the agreement comes into force only when the persons are officially registered as married. What should be documented evidence of what the notary will be guided by when carrying out a legally significant action. That is, if the persons have not yet received a marriage certificate, their agreement will be only preliminary and will not cause any consequences.
3. the application of conditions not related to the property regime of movable and immovable property may lead to the recognition of a marriage contract as invalid in whole or in part. The inclusion of rights and obligations relating to personal non-property legal relations (infidelity, certain purchases or behavior) will also lead to the invalidity of the transaction.

What can be specified as conditions of a marriage contract?

Judicial practice shows that sometimes the terms of a contract may be somehow related to children, but not directly, but only as a suspensive or extenuating condition. That is, the child will only be the reason for changing the terms of the contract, but will not be connected with it in any way. Here are a few such conditions:

1. when dividing jointly acquired property, the right of choice or the opportunity to receive a larger share can be exercised by the parent living together with the minor;
2. at the birth of each child - the right of the wife to receive any valuable thing or property as a gift from her husband;
3. when the terms of the contract change, the birth of a child may be the reason for revising the terms of the contract in order to protect the rights of the minor.

However, the alimony obligation should not be part of the marriage contract. It can be considered by the spouses mutually, but as an additional act requiring a notarial conclusion. An agreement on the payment of alimony for 1 child, concluded either in marriage or with a former spouse, is subject to mandatory execution and has the status of a writ of execution

Who will the children stay with under the marriage contract?

Determining the place of residence of children during a divorce can be done in two ways: voluntarily by agreement of the parties, or in court. The specific option chosen depends on the relationship between husband and wife. If we are talking about a voluntary arrangement, the spouses must enter into an agreement, but not a marriage contract. Part 3 art. 43 of the RF IC strictly states that a marriage contract cannot regulate the relations of parents in relation to joint daughters and sons. Issues concerning the place of residence of the offspring of a separating couple are regulated by the rules of the agreement on children concluded after the divorce.

What conditions can be included.

The contents of the document are regulated by regulatory documents. Legislators are especially strict about items that concern minors.

If conditions that contradict the law are included in the agreement, it may be declared invalid in court.

child support in . The agreement is entered into to regulate the ownership of the property.

In order to determine the amount and frequency of alimony, it is recommended to enter into an alimony agreement.

The document specifies all the nuances regarding payments for the maintenance of a minor. If the parents cannot come to an agreement, then the one with whom the children remain has the right to file a claim in court.

It is allowed to specify in the contract expenses that relate to minors.

For example, a father can take on responsibilities for the education and development of children, and the mother must ensure the purchase of everyday items, sports items, etc.

What conditions about a child can be specified in a marital contract?

The content of the marital agreement is provided for in Art. 42 IC RF. Thus, Part 2 of the above article indicates that the rules of the contract may regulate the following aspects:

1. Rights and obligations regarding the material maintenance of spouses.
2. Options and ways for each marriage partner to participate in each other’s expenses.
3. The procedure for incurring mutual expenses after registering a marriage.

Attention
Based on the provisions of Art. 42 of the RF IC, we can conclude that a marriage contract cannot contain provisions regarding children, even in terms of alimony. At the same time, the norms of the marital contract may regulate the obligations for mutual maintenance of the husband and wife.

What do children mean as a suspensive and suspensive condition in a marriage contract?

Suspensive and dispensable conditions in a marriage contract are factors that influence the implementation of transactions depending on any event. The suspensive property is used in the process of implementing a marital contract, depending on the occurrence of one or another factor. For example, the birth of a baby may be the basis for transferring an apartment into the ownership of the mother. The birth of a newborn can be used in the following aspects:

1. Distribution of the property mass of spouses after divorce.
2. Transfer of property into the ownership of the child.
3. Distribution of common items of spouses among joint children.
4. Rights of children from other previous marriages.

IMPORTANT
The dispositive condition is the opposite of the suspensive condition. Thus, children act as a basis for terminating or changing the provisions of the marriage contract. For example, if a marital contract and registration of the official relationship between husband and wife were implemented during the woman’s pregnancy, the man can include in the document a condition for conducting a DNA examination. If the investigation shows that the newborn is not the father's natural child, the transaction is canceled and the provisions of the prenuptial agreement are no longer valid.

If a husband and wife have decided to use the birth of children as a suspensive or disqualifying condition in a marital contract, in order to avoid mistakes when drafting a document, it is better to take advantage of a free legal consultation on our website. If you make some mistakes during registration, the marriage contract will be declared invalid in court.

Category Question/answer

• Is it possible to include children's rights in a marriage contract?

Can parents regulate their child support responsibilities?

Despite the ban on regulating personal disputes related to raising children, legislators allowed parents to independently agree on the following issues:

1. In what shares do parents provide for their common child?
2. From what funds should spouses allocate money to purchase for their children: Baby food;
3. Personal wardrobe items;
4. School supplies;
5. Medicines, etc.

The Family Code allows spouses to independently distribute the family budget, which includes child support expenses.

Most often, spouses agree on the division of material responsibilities for providing for the child, depending on the financial capabilities of each while maintaining the family budget separately. For example, the father pays for private school and additional education and related expenses (stationery, school and sports supplies), and the mother buys the child toys, food and clothing.

Who will the children stay with under the marriage contract?

Determining the place of residence of children during a divorce can be done in two ways: voluntarily by agreement of the parties, or in court. The specific option chosen depends on the relationship between husband and wife. If we are talking about a voluntary arrangement, the spouses must enter into an agreement, but not a marriage contract. Part 3 art. 43 of the RF IC strictly states that a marriage contract cannot regulate the relations of parents in relation to joint daughters and sons. Issues concerning the place of residence of the offspring of a separating couple are regulated by the rules of the agreement on children concluded after the divorce.

What conditions about a child can be specified in a marital contract?

The content of the marital agreement is provided for in Art. 42 IC RF. Thus, Part 2 of the above article indicates that the rules of the contract may regulate the following aspects:

1. Rights and obligations regarding the material maintenance of spouses.
2. Options and ways for each marriage partner to participate in each other’s expenses.
3. The procedure for incurring mutual expenses after registering a marriage.

<header class=”orange”>Attention

Based on the provisions of Art. 42 of the RF IC, we can conclude that a marriage contract cannot contain provisions regarding children, even in terms of alimony. At the same time, the norms of the marital contract may regulate the obligations for mutual maintenance of the husband and wife.

What do children mean as a suspensive and suspensive condition in a marriage contract?

Suspensive and dispensable conditions in a marriage contract are factors that influence the implementation of transactions depending on any event. The suspensive property is used in the process of implementing a marital contract, depending on the occurrence of one or another factor. For example, the birth of a baby may be the basis for transferring an apartment into the ownership of the mother. The birth of a newborn can be used in the following aspects:

1. Distribution of the property mass of spouses after divorce.
2. Transfer of property into the ownership of the child.
3. Distribution of common items of spouses among joint children.
4. Rights of children from other previous marriages.

Read: Marriage agreement and debts of spouses

<header class=”red”>IMPORTANT

A dispositive condition is the opposite of a suspensive condition. Thus, children act as a basis for terminating or changing the provisions of the marriage contract. For example, if a marital contract and registration of the official relationship between husband and wife were implemented during the woman’s pregnancy, the man can include in the document a condition for conducting a DNA examination. If the investigation shows that the newborn is not the father's natural child, the transaction is canceled and the provisions of the prenuptial agreement are no longer valid.

If a husband and wife have decided to use the birth of children as a suspensive or disqualifying condition in a marital contract, in order to avoid mistakes when drafting a document, it is better to take advantage of a free legal consultation on our website. If you make some mistakes during registration, the marriage contract will be declared invalid in court.

How to conclude a prenuptial agreement with property for children?

Part 2 art. 41 of the RF IC indicates that a marriage contract must be concluded in writing and must also be certified by a notary. Thus, in order for a marital contract with property for children to be recognized as legal, it is necessary to contact a specialist at a notary’s office. At the same time, the law does not reflect rules on jurisdiction, that is, the husband and wife have the right to contact any specialist.

The list of papers required to draw up a marriage contract with property for children is not reflected at the legislative level; each situation is individual. The most general list of documents, based on practice, is as follows:

1. Passports of both spouses.
2. Child's birth certificate.
3. Marriage registration certificate, if registered.
4. Documents confirming ownership of the property, if necessary.
5. Certificates from place of residence.
6. Draft marriage contract.
7. Certificates about the baby’s health status – if necessary.
8. Documentation indicating the existence of loans.

<header class=”orange”>Attention

Before certifying and signing a marriage contract with property for children, spouses are advised to consult a notary for advice. The specialist will analyze the situation and establish a list of documents that must be provided at the reception.

Is it possible to allocate shares of property to children under a marriage contract?

According to the rule established by Art. 42 of the RF IC, the provisions of a marriage contract can change the established regime of joint property of spouses, which means that one of the shares of property can be transferred to a child or several children. In order to allocate a part of the property and transfer it subsequently to a minor offspring under a marital contract, you must do the following:

1. Discuss all the conditions of division, that is, establish the size of the share that will subsequently be transferred to the child under the marriage contract.
2. Collect the necessary documents: birth certificates of the baby and marriage registration of the spouses, acts confirming ownership of the apartment, certificate of family composition, loan agreement if available. The notary can supplement this list with additional documents.
3. At the appointed time, the husband and wife should appear to the specialist and sign the documents.
4. Draw up new acts of title, indicating a minor child as the owner of the property.

<header class=”red”>IMPORTANT

A marriage contract is a document that primarily regulates the rights and obligations of spouses in relation to each other. If we are talking about children and the allocation of a share of property, an agreement is most often concluded, which is also certified by a notary.

Is it possible to determine shares in an apartment for children in a marriage contract?

Within the meaning of Art. 42 of the RF IC, the provisions of the marriage contract can regulate the regime of ownership of the property of the husband and wife, as well as the procedure for its distribution in the event of termination of official relations. Thus, the norms of the document in question may fix the size of the shares of the apartment for children.

In order to determine shares in the apartment for children by marriage contract, the following should be done:

1. Discuss the provisions of the marriage contract, the size of the shares of the apartment that become the property of the children.
2. Collect a package of documents, checking the list with a notary in advance.
3. At the appointed time, contact a specialist, sign the document and certify it, receiving a copy for each spouse.
4. Contact the MFC branch or the territorial division of Rosreestr, registering the new owner’s right to the property. This point is very important; the child’s right to part of the apartment must be documented.

<header class=”orange”>Attention

If a marriage contract has been concluded between the spouses, you can draw up a gift agreement for the child. This option will be quite simple, because the transaction for donating an apartment does not need to be certified by a notary.

Can alimony be included in a marital contract?

According to Part 1 of Art. 42 of the RF IC, spouses in the provisions of the marriage contract have the right to establish rights and obligations for mutual maintenance. Thus, if we are talking about alimony for a wife (husband), it is possible to include appropriate provisions in the agreement. At the same time, financial obligations towards a child cannot be regulated by the norms of a marital contract.

If the spouses have decided to peacefully establish the amount, procedure and specifics of child support obligations, it is necessary to draw up an agreement, but not a marriage contract.

What happens to the prenuptial agreement with children in the event of a divorce?

According to the rule of Part 3 of Art. 43 of the RF IC, after the divorce is registered with the registry office, the marriage contract ceases to be valid. In the event that the document reflects provisions regarding the obligations of the husband and wife occurring after the breakup of the family union, the marital contract does not terminate. For example, when the norms of a marriage contract provide for the transfer of property to a child, after a divorce, ownership is formalized and the share of the property is transferred to the new owner or his representative.

Children in a prenuptial agreement before birth

Part 1 art. 42 of the RF IC indicates that the norms of a marriage contract may regulate the procedure for the distribution of spouses’ property, both existing and future. This rule is called a suspensive property, which is applied to a contract depending on the occurrence of one or another factor. Thus, a marriage contract comes into force after a certain event occurs, most often the birth of children. Spouses can include provisions in the contract regarding the division of property for an unborn child, but the provisions come into force only after the birth of the baby.

I want to conclude a prenuptial agreement before buying an apartment with my wife, we have two children. February 12, 2020

The Family Code of the Russian Federation provides for the possibility of concluding a prenuptial agreement in marriage. The agreement is a bilateral transaction, the completion of which requires the consent of both spouses. The parties can provide for their rights and obligations in relation to the property acquired in the future - a mortgaged apartment. A marriage contract is considered concluded from the moment of notarization. Termination and amendments to the agreement are possible with the consent of the spouses in the same form as the current document. Unilateral refusal of the transaction is not allowed. Disputes are resolved in court. Termination of the contract is due to divorce. If obligations are provided after divorce, they retain their legal force.22 February 2020

Normative base

Issues related to the procedure for concluding a marriage contract, as well as certain aspects about children, are strictly regulated by the provisions of the legislation of the Russian Federation. In order to understand all the intricacies, one must understand the entire legal and regulatory system of the state.

How to conclude a prenuptial agreement with property for children?

Part 2 art. 41 of the RF IC indicates that a marriage contract must be concluded in writing and must also be certified by a notary. Thus, in order for a marital contract with property for children to be recognized as legal, it is necessary to contact a specialist at a notary’s office. At the same time, the law does not reflect rules on jurisdiction, that is, the husband and wife have the right to contact any specialist.

The list of papers required to draw up a marriage contract with property for children is not reflected at the legislative level; each situation is individual. The most general list of documents, based on practice, is as follows:

1. Passports of both spouses.
2. Child's birth certificate.
3. Marriage registration certificate, if registered.
4. Documents confirming ownership of the property, if necessary.
5. Certificates from place of residence.
6. Draft marriage contract.
7. Certificates about the baby’s health status – if necessary.
8. Documentation indicating the existence of loans.

Attention
Before certifying and signing a marriage contract with property for children, spouses are recommended to consult a notary for advice. The specialist will analyze the situation and establish a list of documents that must be provided at the reception.

Children from first marriage

If there are children from a first marriage who live together with one of the parents, while the second parent is absent or deprived of parental rights, the new spouse may have the opportunity to become a guardian and then a stepparent.

To do this, you need to contact a specialist in the guardianship and trusteeship department, whose scope of activity includes resolving issues regarding the appointment and removal of guardianship. Additionally, you will need a psychologist's opinion, certificates related to the personality and health of the future guardian, his financial situation and many other documents necessary for subsequent application to government agencies with an application for the status of guardian over minor children.

As a rule, children from previous marriages rarely accept new people, so you should try to become his friend. Since the relationship within the family will be a decisive factor for inspectors and supervisory authorities.

As you can see from the information presented in this topic, many issues in marriage can be resolved much faster if they are combined. That is why, after consulting with a specialist, you can safely go to a notary to conclude an agreement between the spouses, which will determine the future fate of joint children, property and many other procedural issues.

Sample marriage contract with children

A marriage contract is the most important document that has priority for spouses compared to other provisions of the law. A well-drafted project is the key to a successful deal between husband and wife. In this regard, a married couple can seek the help of a notary or other lawyer, for example on our website, when drawing up a draft marital contract. In the event that citizens are oriented in the current legislation, it is not prohibited to form a marriage contract on their own. This issue is resolved at the discretion of the spouses.

An indicative sample of a marriage contract with children can be found

Spouses will need to supplement the proposed version of the draft marriage contract with relevant information about property and children individually for each specific situation. If the parties decide to use the services of a notary to draw up a document, there is no need to prepare the form themselves.

Registration procedure

The procedure for drawing up and signing a marriage contract with children is quite simple, which means the algorithm of actions will be as short as possible. A husband and wife who decide to enter into a marital contract must do the following:

1. Discuss all the provisions that are supposed to be included in the structure of the document. As part of a marriage contract with children, a variety of rules regarding the property rights of the parties may be provided. For convenience, it is recommended that all requirements be expressed in writing.
2. Prepare the necessary documents - it is advisable to clarify the list of papers with a notary in advance. The most generalized list is as follows: marriage certificate (if available), documents confirming the birth of children, deeds of title to the property of the husband and wife.
3. Choice of a specialist - the law provides freedom of choice for spouses, that is, citizens have the right to contact absolutely any notary, regardless of place of residence and other conditions. This right is strictly regulated by Art. 40 Federal Law “Fundamentals of legislation on notaries”.
4. Make an appointment with a specialist, show up at the appointed time and confirm the authenticity of the document with signatures. Both spouses must be invited to sign a marriage contract with children. The notary prepares three copies - one for each spouse, the third remains in the archive.
5. Pay for the services of a specialist in accordance with the tariffs established by law.

From the moment of signing, the marriage contract takes legal force, that is, comes into effect, unless otherwise stated in the document itself.

If the provisions of the contract in any way affect the obligations of the spouses, it is necessary to send a copy of the document to the credit institution to notify creditors.

Is it possible to allocate shares of property to children under a marriage contract?

According to the rule established by Art. 42 of the RF IC, the provisions of a marriage contract can change the established regime of joint property of spouses, which means that one of the shares of property can be transferred to a child or several children. In order to allocate a part of the property and transfer it subsequently to a minor offspring under a marital contract, you must do the following:

1. Discuss all the conditions of division, that is, establish the size of the share that will subsequently be transferred to the child under the marriage contract.
2. Collect the necessary documents: birth certificates of the baby and marriage registration of the spouses, acts confirming ownership of the apartment, certificate of family composition, loan agreement if available. The notary can supplement this list with additional documents.
3. At the appointed time, the husband and wife should appear to the specialist and sign the documents.
4. Draw up new acts of title, indicating a minor child as the owner of the property.

IMPORTANT
A marriage contract is a document that primarily regulates the rights and obligations of spouses in relation to each other. If we are talking about children and the allocation of a share of property, an agreement is most often concluded, which is also certified by a notary.

Is a prenuptial agreement necessary or not – Family and children – www.calorizator.ru

In such a situation, it would be undesirable to send her to an orphanage. Therefore, taking into account the complexity of the situation, you can become a temporary guardian; in particular, a preliminary guardianship procedure is provided on the basis of Article 12 of the Federal Law of April 24, 2008 No. 48-FZ.

In the future, this guardianship can become permanent until the sister is 14 years old.

In relation to legal requirements for documents, you must provide a passport or other document proving your identity, and also allow employees of the local guardianship and trusteeship authority to enter your place of residence.

Basics

The basis of all disputes is the opinion of citizens that minor children, due to their limited legal capacity, lack of stable and regular income, as well as the opportunity to find a job, should belong to the preferential category of owners.

On the other side of the scale is the norm of the Federal Law, which determines that all owners of property that are classified as taxable by the legislator must pay contributions to the state, regardless of financial well-being and age.

The law directly answers the question of whether persons under 18 years of age pay property taxes.

But the rights and responsibilities of a minor child are limited to the guardianship and care of parents, who must support the children and guarantee them the opportunity to learn and self-develop.

In practice, the personal property tax assigned to minor children is paid by able-bodied parents or those who replace them (guardians, adoptive parents).

Along with the need to pay contributions in place of the child, parents are given the opportunity to use the facilities until the child reaches the age of majority and is able to manage personal benefits.

What should not be included in a prenuptial agreement?

Each of the spouses is free to choose their occupation, profession, place of stay and residence (Article 31 of the Family Code of the Russian Federation). 2) a marriage contract can only be concluded regarding the property relations of the spouses. Personal property relations cannot be the subject of a marriage contract.

This means that a marriage contract cannot oblige spouses to love each other, remain faithful, not abuse alcohol, not lead an idle lifestyle, etc. So, for example, a marriage contract can provide for the right of one of the spouses to compensation for moral damage in the event of unworthy behavior of the other spouse (adultery, beatings, etc.).

) or make the husband’s obligation to give his wife a mink coat dependent on the birth of a child.

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5. Responsibility for late payment of alimony

Other transactions with the property of a minor that require the consent of the guardianship authority:

• donation of real estate owned by a minor;
• pledge of real estate owned by a minor;
• leasing or leasing, for free use of real estate of a minor;
• exchange of property of a minor;
• refusal of pre-emptive purchase of shares;
• division of property of a minor;
• refusal of inheritance;
• allocation of a share from the property of a minor;
• other transactions entailing a decrease in the minor’s property.

If a citizen is not able, for one reason or another, to compose an autobiography on his own, then he can turn to specialists for help.

A guardian (trustee) has no right to prevent a child from communicating with his parents and other close relatives, except in cases where such communication is not in the interests of the child.

Along with the legal regime of property, the RF IC provides for a contractual regime of property of spouses. The Family Code of the Russian Federation gives spouses the right to enter into a marriage contract.

Guardianship of a minor child

2, Federal Law No. 48). Guardianship is a form of placement for minors and citizens with limited legal capacity (Article 2, Federal Law No. 48). Adoption of children is a priority form of placement for children after the death of their parents or loss of their guardianship in another form (Article 124 of the RF IC). It is allowed only in relation to minor children.

Legislation The following regulations apply in the field of guardianship: PP No. 423 should also be added to this list. : questions In what cases is guardianship or trusteeship established over children who have lost parental care.

If we talk about the cases in which guardianship is formalized, then it is also necessary to note the goals of this event. The main purposes of creating a guardianship are: maintenance; upbringing; as well as assistance in obtaining education.

Guardians are also the legal representatives of the persons under their care and must protect their legal rights in the event of an existing infringement. Guardianship is established over children who have not reached 14 years of age or who are deprived of legal capacity. When establishing guardianship, the child's opinion is taken into account.

How is it different from adoption? Adoption applies to all minors, not just those under 14 years of age. The adoption of a child can only be carried out on the basis of a court decision (Art.

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Law on the rights of a guardian of a minor child

Legislators reflected the institution of guardianship in the norms of family, civil, and administrative legislation in order to protect the interests of children in all spheres of public relations. The rights of a guardian of a minor child are inextricably linked with the rights of the child himself and can be taken away if the guardian does not act in accordance with the law.

Legal grounds for guardianship The main Russian law regulating the relationship between guardians and wards is the Federal Law “On guardianship and trusteeship”.

Custody marriage contract for a minor child

The general concept of a marriage contract and guardianship of a minor child in a civil legal relationship can be found quite rarely.

Is it possible to determine shares in an apartment for children in a marriage contract?

Within the meaning of Art. 42 of the RF IC, the provisions of the marriage contract can regulate the regime of ownership of the property of the husband and wife, as well as the procedure for its distribution in the event of termination of official relations. Thus, the norms of the document in question may fix the size of the shares of the apartment for children.

In order to determine shares in the apartment for children by marriage contract, the following should be done:

1. Discuss the provisions of the marriage contract, the size of the shares of the apartment that become the property of the children.
2. Collect a package of documents, checking the list with a notary in advance.
3. At the appointed time, contact a specialist, sign the document and certify it, receiving a copy for each spouse.
4. Contact the MFC branch or the territorial division of Rosreestr, registering the new owner’s right to the property. This point is very important; the child’s right to part of the apartment must be documented.

Attention:
If a marriage contract has been concluded between the spouses, you can draw up a gift agreement for the child. This option will be quite simple, because the transaction for donating an apartment does not need to be certified by a notary.

Can alimony be included in a marital contract?

According to Part 1 of Art. 42 of the RF IC, spouses in the provisions of the marriage contract have the right to establish rights and obligations for mutual maintenance. Thus, if we are talking about alimony for a wife (husband), it is possible to include appropriate provisions in the agreement. At the same time, financial obligations towards a child cannot be regulated by the norms of a marital contract.

If the spouses have decided to peacefully establish the amount, procedure and specifics of child support obligations, it is necessary to draw up an agreement, but not a marriage contract.

What happens to the prenuptial agreement with children in the event of a divorce?

According to the rule of Part 3 of Art. 43 of the RF IC, after the divorce is registered with the registry office, the marriage contract ceases to be valid. In the event that the document reflects provisions regarding the obligations of the husband and wife occurring after the breakup of the family union, the marital contract does not terminate. For example, when the norms of a marriage contract provide for the transfer of property to a child, after a divorce, ownership is formalized and the share of the property is transferred to the new owner or his representative.

Children in a prenuptial agreement before birth

Part 1 art. 42 of the RF IC indicates that the norms of a marriage contract may regulate the procedure for the distribution of spouses’ property, both existing and future. This rule is called a suspensive property, which is applied to a contract depending on the occurrence of one or another factor. Thus, a marriage contract comes into force after a certain event occurs, most often the birth of children. Spouses can include provisions in the contract regarding the division of property for an unborn child, but the provisions come into force only after the birth of the baby.

Can parents regulate their child support responsibilities?

Despite the ban on regulating personal disputes related to raising children, legislators allowed parents to independently agree on the following issues:

1. In what shares do parents provide for their common child?
2. From what funds should spouses allocate money to purchase for their children: Baby food;
3. Personal wardrobe items;
4. School supplies;
5. Medicines, etc.

The Family Code allows spouses to independently distribute the family budget, which includes child support expenses.

Most often, spouses agree on the division of material responsibilities for providing for the child, depending on the financial capabilities of each while maintaining the family budget separately. For example, the father pays for private school and additional education and related expenses (stationery, school and sports supplies), and the mother buys the child toys, food and clothing.

Problems and nuances

A marriage contract is a phenomenon that is becoming increasingly relevant and widespread in the Russian Federation, however, regarding children, the provisions of the contract have some features that should be taken into account:

1. Minor offspring, in most cases, act as a suspensive or disqualifying condition, that is, they are prescribed as conditions for the validity of the contract.
2. If there is a need to transfer a share of property to a child, it is recommended to draw up an agreement or a gift deed.
3. A change or early termination of a marriage contract is possible only in notarial form.
4. The norms of a marriage contract cannot regulate the rights and obligations of parents in relation to a minor child, including alimony.
5. Reflection in the marriage contract of norms relating to the rights and obligations in relation to the child is grounds for invalidating the document.

What can you specify?

So, a marriage contract is used to regulate property relations between spouses.

For example, both have apartments for which it is necessary to establish a certain ownership regime (joint or separate). The property acquired during marriage is also taken into account.

As for children, it is generally accepted that the marriage contract can contain information about the child’s place of residence and the procedure for providing alimony payments in the event of a divorce. But by law it is prohibited to indicate this in a marriage contract.

The document may only contain the following items:

1. Property ownership regime.
2. Family income and expenses.
3. Maintenance of disabled family members (for example, a wife during pregnancy), etc.

That is, only property issues are taken into account. In relation to children, you can also enter only what concerns their maintenance in marriage.

For example, spouses can share responsibilities for paying for a child’s education. But there can be no talk of any personal relationships.