Drawing up a marriage contract: sample, rules for registration

Duration of the marriage contract

Art. 43 of the RF IC indicates that the contract between spouses is valid until the moment of divorce, and in some cases continues to be valid after divorce. However, spouses have the right to consider ending the contract sooner.

Read: What terms of a marriage contract are acceptable and what cannot be included?

Specifying the validity period of a marriage contract is the inalienable right of every married couple. This may be necessary if there is no need to change the regime of joint property, for example, for financial planning for a difficult period, or to establish other property relations in the family.

There is no need to “reinvent the wheel” to determine the duration of action. Spouses may include in the draft agreement a section on termination of the marriage contract. There are two options:

the arrival of a certain date - the contract is valid from the moment of conclusion for a certain amount of time;
the occurrence of a certain event – the contract terminates upon the occurrence of circumstances provided for by law.

But when deviating from the general validity period, it is worth considering that the provisions of the marriage contract cannot contradict the current family and civil legislation. Otherwise, all conflicting provisions are considered null and void and have no effect.

But it is not advisable to use this agreement to transfer property from family to personal - it is much easier to resort to a gift agreement, according to which one spouse transfers his share in the family property to the other as a gift. But before that they will have to enter into an agreement on the division of property.

Modification and termination of the marriage agreement

The terms of the contract can be adjusted at the request of the parties. To clarify the agreement, the spouses will need to visit the notary again. The grounds for revision are:

sharp changes in the prices of family assets;
the emergence of new sources of income for the husband or wife;
disagreements regarding expenses;
the beginning of entrepreneurial and investment activities;
the need to refine the system of obligations, etc.

The law does not establish a closed list of reasons for adjustment. The notary only needs an application from the spouses. There is no need to document the need to amend the contract.

It is impossible to unilaterally refuse to fulfill a marriage contract. The corresponding rule is enshrined in Art. 43 RF IC. The document expires after the death of one of the spouses or loss of legal capacity. In the event of a divorce, the obligations associated with the dissolution of the marriage remain valid until fully fulfilled. Cancellation of contracts is provided for by mutual consent of husband and wife. Termination of a marriage contract can be carried out by the court. The competence of the servants of Themis also includes recognizing the transaction as invalid. In practice this rarely happens.

Types of contracts by duration

The husband and wife choose the duration of the transaction themselves.

The documents must clearly set out the terms that affect the duration of the prenuptial agreement.

Sometimes the contract is concluded for life (indefinitely). If it is drawn up for a period of time, then its duration depends on the occurrence of a certain event or a specific date.

In this case, the specified conditions and requirements may apply only for this period of time.

For example, the spouses indicated in the document that the jointly accumulated savings in the husband’s bank account become the property of the wife five years after the marriage is registered.

Important!

If the agreement included terms relating to life after the divorce, they remain valid after the divorce.

Thus, the agreement is extended until the ex-husband and wife fulfill these obligations.

How to draw up a marriage contract?

A prenuptial agreement is an agreement between a man and a woman who want to get married. The agreement must be drawn up in writing. The purpose of drawing up this document is to distribute the rights and obligations of the spouses in relation to their property. A marriage contract differs from other types of transactions in the composition of the participants, the subject of the agreement, and also in its content.

According to the law, the document must indicate only the conditions for the use of property, and not the personal relationship of the spouses. In the text, you can indicate what share of the property and which of the spouses will belong to it; it is also allowed to indicate a specific item of property that, after the dissolution of the marriage, will belong to each of the parties.

An important feature when drawing up a marriage agreement is the fact that the rules for the use of property not only jointly acquired, but also acquired before the conclusion of official marriage relations can be specified. Therefore, the law allows a marriage contract to be drawn up:

before marriage;
during the period of official marital relations.

The legal significance of a document is acquired if the document is concluded:

before marriage. This means that it comes into effect after the official registration of the marriage relationship;
during the period of the marriage. In this case, the document acquires legal significance after a notary’s mark is affixed to it, indicating its authentication.

Algorithm of actions when concluding a marriage agreement:

future spouses draw up a marriage contract. The agreement is drawn up in three copies. One for the husband, the second for the wife and the third for the notary office specialist;
a package of documentation is collected;
the document is notarized;
husband and wife pay for notary services and receive their documents in hand.

To certify a marriage contract by a notary, you must submit a package of certain documents:

marriage contract - 3 pieces;
passports of husband and wife;
marriage certificate, if the agreement is drawn up during the period of official family relations;
papers for property that will be divided between husband and wife upon divorce.

What is the price?

Notary services are paid. The cost of registering a marriage contract depends on the list of services provided by the notary office specialist. Namely:

does the notary provide advice on drawing up the text of the marital agreement;
whether the agreement is drawn up by the notary himself;
does the notary office specialist make changes to the text of the document;
affixing notarization on the agreement form.

The price for drawing up a marriage contract in all notary offices may differ, but the amount of the state fee for affixing the certificate mark is regulated at the legislative level. The Tax Code contains terms of payment and the amount of state duty for the provision of any services related to the preparation of documents.

You can download the tax law using the link.

In accordance with tax legislation, the fee for notary services for certifying a marriage contract is 500 rubles. Each notary office has the right to increase this figure by one and a half times if the documentary certification is carried out outside the notary office.

According to the text of Article 333.38 of this law, some citizens are provided with benefits for using the services of a notary. Benefits include:

disabled people (grade 1 and 2), they are provided with a discount of 50%;
The following categories are not required to pay state duty: those who bequeath property to the Russian state or municipalities;
organizations of disabled people;
organizations of self-government and power.

Marriage agreement in case of divorce

The validity of a marriage contract after a divorce is determined solely by the provisions of the document itself. According to general rules, it ceases to be valid at the moment of official divorce.

But what provisions extend the validity of a prenuptial agreement? As a rule, these are clauses on property and legal relations provided for in case of divorce:

payment of maintenance by one spouse to another;
granting the right to reside in the apartment of the other spouse, which was family housing before the divorce;
granting the right to use property to another spouse who is not the owner of this property (for example, the right to drive a “family” car).

The duration is separately stipulated in the agreement of the spouses and is indicated in the text of the marriage contract. Basically, spouses limit their obligations during a divorce:

for a certain period - for example, payment of maintenance to the ex-wife for 5 years after the divorce;
the occurrence of certain circumstances - the non-owner’s spouse moves out of the “family” apartment (as a rule, the maximum period of use, rights of residence, etc. are also determined).

Within the validity period of the marriage contract, spouses (and third parties) have the right to challenge it - change it, terminate it, or invalidate it. However, upon expiration of the agreement, the right to challenge it in part or in whole remains. But for how long?

How much does a marriage contract certificate cost?

The rules for calculating the cost of services in private notary offices are enshrined in Fundamentals No. 4462-1. Article 22.1 of the federal act approves basic tariffs for performing various legal actions. A prenuptial agreement is a transaction that is not subject to evaluation. The rate was approved at 500 rubles. Price includes:

checking the capacity of participants;
assessing the transaction for compliance with the law;
clarification of legal consequences;
affixing a notary's certification.

A comprehensive service will cost more. For an additional fee, the notary's office specialists will conduct a comprehensive legal examination, advise the spouses, select the optimal scheme for delimiting property rights, and draw up a draft marriage contract. Technical support will be included in the cost of service.

Question to the notary:

In what cases is it necessary to have a marriage contract certified by a notary?

Answer: In any case, the marriage contract is subject to mandatory notarization.

You can get additional information about certifying the contract, as well as find out how much it costs to complete your particular transaction by phone. If the parties are unable to come to the office, documents can be certified at the place where the marriage agreement is signed. At the request of clients, a notary's visit can be arranged.

Question to the notary: Who draws up the marriage contract: a notary or a lawyer?

Answer: Citizens may not resort to the services of a lawyer, but directly contact a notary on all issues of interest regarding the conclusion of a marriage contract. The notary will advise, draw up and certify the agreement according to the agreed terms.

Question to the notary: Who draws up the marriage contract: a lawyer or a notary?

Answer: Citizens may not seek the additional services of a lawyer, since the notary will personally draw up and certify the marriage contract according to pre-agreed conditions.

Question to a notary: How much does a marriage contract cost from a notary in Moscow?

Answer: Drawing up and certification of a marriage contract will cost 10,500 rubles, plus 1,000 rubles for each property, starting from the 2nd, but not more than 15,500 rubles.

Question to the notary: Is it possible to draw up a marriage contract yourself and have it certified by a notary?

Answer: Yes, the parties can draw up a marriage contract specifying all the necessary conditions. However, the notary, in any case, will carry out legal and technical work before certifying the contract.

Termination of the marriage contract

The marriage agreement can be terminated by agreement of the spouses or through the court.

If the spouses fail to agree on changing the terms of the marriage contract or its termination, the spouse whose interests the contents of the contract no longer meet (for example, if there is a significant change in family circumstances) may demand termination of this contract in court.

Since the termination of a marriage contract may adversely affect the property interests of creditors, spouses are required to notify them of such termination. In case of violation of the obligation to notify creditors, the debtor spouse is liable to counterparties for his financial obligations, regardless of the termination of the marriage contract or its changes.

additional information

When registering a marriage contract, it is necessary to list all personal property that belongs to the spouses. This may include: expensive jewelry, a personal car, a residential building or apartment, expensive furniture or other valuables.

It is very important to describe each thing in detail: when describing a land plot, it is necessary to have a cadastral number, as well as its size; when describing a vehicle, its exact state number, year of manufacture, make and manufacturer. In addition, it is also important to note in the contract what property was acquired by the husband or wife before marriage.

In accordance with the law, such an agreement may provide for certain rights and obligations of the following parties:

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who will own the property in the future after the divorce;
who will own the vehicle;
who should support children in the future;
who will have to pay for utilities;
who will pay for future family trips;
who will be responsible for the acquisition of motor vehicles or other valuables;
Who will get property as a result of divorce?

In other words, drawing up a contract makes it possible to describe in detail the entire process of incurring family expenses by each spouse. In addition, it is possible to indicate financial responsibilities and provide financial assistance to the other spouse if difficulties arise.

Drawing up and executing such a contract makes it possible to determine property rights between spouses, divide credit, financial obligations and living expenses.

Limitation period for a marriage contract

The legislation does not provide for any special period for challenging a marriage contract, however, Art. 44 of the RF IC states that a marriage contract can be revised by a court on the grounds for invalid transactions defined in civil law.

Read: Marriage agreement in case of bankruptcy of a spouse: features of the procedure, terms, which transactions can be nullified by creditors

The Civil Code, in turn, has Art. 181 , where 2 options for the term are indicated.

For void transactions, the limitation period is 3 years. The flow begins from the day the transaction begins, that is, from the day the marriage contract or official wedding is concluded (whichever comes later).
For voidable transactions, the period is limited to 1 year. The course begins from the moment the threat, violence, or other actions under the influence of which the marriage contract was concluded ceases. However, the countdown can also begin from the moment when the applicant learned, should have known, about the circumstances under which the contract should be declared invalid.

The limitation period is calculated separately for void transactions if the plaintiff is a third party (who is not a party to the marriage contract, but has a material and legal interest). The period is still 3 years, but its duration begins from the day when the 3rd party learned, should have learned, about the beginning of the execution of the marriage contract. But this period cannot exceed 10 years.

All this causes great difficulties when challenging contracts. It is necessary to analyze the circumstances under which the plaintiff will go to court and determine the moment when the limitation period begins to run. Without legal training and qualifications in civil and family law, this is difficult to do. Failure to comply with the deadline requirements may call into question the very right to go to court. That is why lawyers advise transferring such a case under their control and management, or at least for preliminary consultation.

What is not included in the marriage contract

The marriage contract of the spouses should not include the following requirements:

Strict restrictions on legal capacity, as well as on the legal capacity of the partner. For example, a person’s individual rights to work, his desire to receive education, freedom of will, etc.
Restriction on the protection of one’s own legal rights, also through the courts.
The process of resolving personal relationships. For example, maintaining immediate marital fidelity, true sincere love, attitude towards alcohol or smoking, etc.
Settlement of the rights and obligations of spouses towards their own children. The contract is prohibited from specifying who will live with the baby after the divorce and the procedure for communicating with the other half.
Limitation of the right to receive cash payments if one of the partners becomes disabled by the second spouse.
Inclusion in the drafted marriage contract of elements from the official will of the spouse(s), because a will is a one-sided transaction.

As a result, during a divorce, a dispute quite often arises that is related to the division of common property/property among ex-spouses. It can be avoided by drawing up a marriage contract. To correctly compile and describe all items, it is recommended to consult a notary.

What is included in the Marriage Agreement and what can be stated in it?

Family is not only a space of personal relationships between a man and a woman. This is a kind of economic cell that carries out economic activities. That is, property relations play a significant role in marriage.

Acquisition and disposal of property. Family income and expenses. Debts and loans. Joint and personal property. Maintenance of common children. And finally, the division of joint property in the event of divorce. All this is very important and complex.

A marriage contract makes it possible to structure the family economy and document the economic rights and responsibilities of the spouses. And also foresee the occurrence of controversial situations in the future and agree in advance on a way to resolve them. For example, you can determine in advance what exactly each spouse will receive in the event of a divorce, and under what conditions.

Let's take a closer look at the form of the Marriage Agreement.

Introductory part

A marriage contract, like any legal document, is subject to the rules for maintaining business records. In particular, the contract must consist of an introductory, introductory part (preamble), a main part and a concluding part.

The preamble of an official document must contain:

Title (in our case “Marriage Agreement”)
The place in which it was compiled and certified (country, region, city or other locality)
The date of drawing up the document (this is not considered the day the text of the agreement was drawn up, but the date the document was signed by a notary and its data was entered into the notary register)
Data of the parties who entered into the agreement (full name, date of birth, permanent registration addresses of both spouses)
The purpose of drawing up the document (regulating the property relations of spouses) and its legal grounds (Article No. 40 of the RF IC)

Main part

This is the main component of the Marriage Agreement, since it contains all the points regulating each type of property relationship between the spouses. It consists of several sections. Let's take a closer look at them.

Property regime

Spouses in a family have the right to own property jointly or separately. This doesn't mean you have to choose just one. As a rule (with or without an agreement), a husband and wife own some property jointly, and some personally. All this is written down in the contract.

For example, spouses decided that expensive property (apartment, country house) are joint property. By law, the shares of the spouses are equal, but the Marriage Agreement may provide for a different procedure. For example, two thirds of the apartment belongs to the wife, and a third to the husband. The cottage is divided in half. A variety of options are possible.

For movable property, as a rule, the separate ownership regime is chosen. The car belongs to my husband. Household appliances - for the wife. And so on.

ATTENTION! It is important to indicate the principle of division. For example, whoever initiated the purchase is the owner. Or, whoever uses the property in everyday life is the owner. Or, with whose funds the item was purchased, he owns it. The principle can be extended not only to existing property, but also to the future.

If rights to property that currently exist are indicated, it must be described. Area, number of rooms, apartment address. Size, cadastral number, location, intended purpose of the land plot. Make, year of manufacture, registration number of the car. List of movable property.

You can also record your intention to purchase a particular property. For example, an apartment with a mortgage. Then you should write in what shares it will belong to the spouses, who will repay the loan and how.

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

Even without a marriage contract, the law obliges spouses to support each other in the event of loss of ability to work. Whether the agreement is drawn up or not, the court will still award alimony to the wife for her disabled husband and vice versa, if they cannot agree on this on their own.

But the contract can expand the list of obligations towards each other. For example, if one of the spouses plans to continue their education, the second may assume responsibility for its full maintenance during this period.

You can include a special clause that if one of the spouses loses his job, the other undertakes to provide him with the necessary funds to meet his needs until he finds a new job.

If a couple plans to have children, then the wife can agree that while she stays at home with the children, the husband gives her not only money for the household, but also some “personal” amount - after all, she herself will not earn anything during this period.

To put it simply, in this paragraph you can provide for any: “What will happen if ...” that came to the mind of one of the couple.-

Income of spouses

The law says that spouses have everything in common. Including everyone’s personal income. If a family is guided by the “common pot” rule, it does not need this point. If a husband and wife want to expand their rights to manage the money they earn, a Marriage Agreement allows them to legitimize this.

For example, spouses can agree that each of them is completely independent in managing their salary. Or stipulate a special right not to invest additional earnings in the family budget. That is, everyone’s main income goes to the family budget, and “extras/overtime” goes exclusively for personal needs. Each couple has the right to choose the option they like best.

Procedure for bearing expenses

This point is a logical continuation of the previous one. Once income is divided, expenses must also be divided, otherwise disputes on the topic “who should pay” are inevitable. Namely, everyday “money” quarrels are what the Marriage Agreement is designed to prevent. In this paragraph you can stipulate:

Who will buy furniture and household appliances?
Who pays for joint rest and leisure?
Who will pay for children's education
Who will pay for utilities?
Whose responsibility is it to maintain the car?
How will large purchases be made (for example, a car or a summer house)
Who will pay for current home repairs?
Or simply write that all expenses are divided in half or in proportion to the salary.

Debt repayment procedure

From the point of view of the law, not only property, but also property obligations are common between spouses. Not to mention that from the point of view of creditors, husband and wife are always responsible for each other's debts. With the help of a Marriage Agreement, you can avoid the difficulties associated with this.

For example, write that any loans made by one of the spouses are his personal responsibility. If a family practices a regime of separate ownership and disposal of income, then this is the most logical solution.

If the husband and wife have a common budget, it is possible to determine in what order each of them bears the burden of common debt obligations. This is relevant when small loans are taken out that do not require the consent of the spouse. For example, credit cards are used.

In the event of a divorce, dividing personal credit card debt is nearly impossible. But the agreement can provide for a similar situation, and write down that if a debt on a “credit card” was formed because one of the spouses “plugged holes” in the family budget, then it is common and is repaid in half.

Marriage agreement and mortgage

A mortgage is perhaps the largest and longest-lasting of all possible household loans. It may take several decades to pay it off. If a family plans to acquire housing in this way, then a marriage contract must be drawn up.

And, perhaps, the spouses simply will have no choice - banks providing mortgages have simply not given them in recent years until the Marriage Contract has been drawn up. With a mandatory clause on the procedure for repaying debt in marriage, and in the event of divorce.

In addition, young spouses often make a down payment in unequal shares - whoever had as much as they had invested that much. And loan payments are made in exactly the same way. One pays almost always, and the other only occasionally. If their marriage is "forever", it ultimately doesn't matter. But it happens that a family breaks up without having time to repay even half of the loan.

If one of the spouses has invested significantly more personal funds in the down payment and is now paying off the mortgage with larger sums, the agreement should provide for unequal shares of ownership of the mortgage property.

You can also completely assign credit responsibilities to one of the spouses, while simultaneously writing that the apartment will be his personal property. And even if spouses pay off the mortgage equally and own the apartment in equal shares, it is possible to regulate the method of possible division of real estate during a divorce. For example, indicate that the apartment remains the property of one of the spouses, and the second will receive compensation equal to half of its value.

ATTENTION! The “mortgage” clause should be especially carefully detailed. Who will invest what amount in the down payment? Who will make regular payments to the bank and in what amounts. The shares of each spouse in the apartment must be indicated.

It must be said that it is very important to provide for all possible options in advance, while the mortgage has not yet been taken out. When concluding a loan agreement, the bank will accept the terms of the Marriage Contract.

But if the loan has already been taken, both spouses are legally responsible for it equally. And shares in real estate are determined equal.

To change both, changes will have to be made to the loan agreement. Banks almost never agree to this. Only the court during the divorce process and division of property and debts can force them to do this. In itself, a marriage contract drawn up “retroactively” is legally powerless.

Property that will be transferred to each person in a divorce

One of the undoubted advantages of a Marriage Agreement is the ability to stipulate in advance the division of property during a divorce. Of course, few people like to plan for a possible divorce while preparing for the wedding. But the fact remains that the division of property, one of the most unpleasant moments of the divorce process, is much easier in cases where it was agreed upon even before the very prospect of separation loomed on the horizon.

Just remember that not only what is directly stated in the Marriage Contract will be shared, but also everything that you managed to acquire during the marriage.

If the agreement specifies a separate regime for ownership of property, everything is quite simple. Whoever bought what will get it. If the spouses have agreed on joint ownership in equal or unequal shares, the division should be made proportionally. In such cases, it is important to provide for the most fundamental details in the contract. For example, the car should go to the husband, period! Or, on the contrary, all the wife’s jewelry, which the court could divide as “luxury items,” remains with her, no matter how the rest is divided.

Final part

This is the same as the introductory section, the standard and formal section. It must contain the following provisions:

When does the Marriage Agreement come into force and when does it terminate (from the moment of certification by a notary, or from the moment of marriage)

The procedure for making changes to the contract (reaching mutual agreement and notarization of changes)
Grounds allowing unilateral termination of a contract (violation of certain provisions of the contract by one of the parties)
Responsibility of the parties for violation of the terms of the agreement (determined by the parties to the agreement)
Method of conflict resolution (going to court)
Signatures and passport details of the parties to the agreement

That's it, the document is ready for notarization