How to draw up a prenuptial agreement for an apartment purchased during marriage?

Why is a marriage contract for an apartment concluded?

It’s worth saying right away that many people have a negative attitude towards any marriage contracts. They believe that if this document is signed, it means that the spouses initially do not trust each other. But a reasonable person understands that anything can happen in life, and a prenuptial agreement when buying an apartment is an opportunity to maintain a good relationship after a divorce. After all, it is this document that determines the right to use and divide joint property.

Consequences of a prenuptial agreement when purchasing an apartment:

• protect the property interests of the husband's wife in various situations;
• carry out, if necessary, division of property without court hearings;
• avoid conflict situations during divorce.

In the end, a prenuptial agreement will give each spouse a sense of stability and that there will be no problems with living space in the future.

If at the time of signing the marriage contract the spouses (or one of them) have minor affairs, then their rights to real estate must also be secured in the document.

In what situations is it necessary to draw up a prenuptial agreement for an apartment?

Here are the main situations when it is desirable to conclude such an agreement.

1. The property was purchased using a mortgage loan. When spouses take advantage of this opportunity to acquire real estate, they become co-borrowers. Accordingly, during a divorce, the question arises of who will be the owner of the square meter in the future and how to solve problems with debt to the bank. The agreement will establish ownership in accordance with who exactly made the payments. And if the husband/wife has difficulties repaying the loan, then the collection will be directed to the property of this particular party.
2. The apartment was bought by relatives of one of the spouses. Sometimes the parents (or other relatives) of the bride or groom give housing that they purchased entirely with their own funds. But if the transaction was concluded after marriage, then the apartment becomes jointly acquired property and is subject to division in the event of divorce. To prevent this from happening, you should conclude a marriage contract, which will indicate the only owner of the property.
3. The apartment was purchased before marriage. By law, such property is considered the property of the spouse to whom it was registered. However, situations arise when people living in a civil marriage bought a home, investing both financially. In the event of a divorce, the apartment will automatically go to the spouse to whom it was originally registered. To eliminate such injustice, you need to write a marriage contract. The Family Code of the Russian Federation in Article 41 gives this opportunity to people who are not in an officially registered relationship. However, it is necessary to take into account that such a document will come into force only with the conclusion of family ties. In general, in this case, a marriage contract or deed of gift can be drawn up, but the second case is more complex in terms of procedure.
4. Purchase using maternity capital. In such a situation, the property must be divided into shares, which are distributed between the spouses and children. Such an apartment cannot be transferred to one individual. Even in cases where only one spouse is the borrower, shares must be allocated.

Shares owned by children cannot be redistributed.

Invalidation of the marriage contract.

The court may declare a marriage contract invalid in whole or in part on the grounds provided for by the Civil Code of the Russian Federation for the invalidity of transactions.

The court may also invalidate a prenuptial agreement in whole or in part at the request of one of the spouses if the terms of the agreement place that spouse in an extremely unfavorable position. The terms of the marriage contract that violate other requirements of paragraph 3 of Article 42 of the RF IC (conditions that cannot be included in the marriage agreement) are void.

According to the explanations given in paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 No. 15 “On the application of legislation by courts when considering cases of divorce,” if the marriage contract changes the statutory regime of joint ownership, then the court, when resolving a dispute about The division of spouses' property must be guided by the terms of such an agreement. It should be borne in mind that, by virtue of paragraph 3 of Article 42 of the Family Code of the Russian Federation, the terms of the marriage contract on the regime of joint property, which place one of the spouses in an extremely unfavorable position (for example, one of the spouses is completely deprived of the right of ownership of property acquired by the spouses during the marriage) may be declared invalid by the court at the request of this spouse.

Thus, the exercise by spouses of the right to determine the regime of property and disposal of common property by concluding a marriage contract should not put one of the spouses in an extremely unfavorable position, for example, due to a significant disproportionality of shares in the common property or the deprivation of one of the spouses completely of the right to property acquired in period of marriage.

The use by the legislator of such an evaluative characteristic as the presence in a marriage agreement of conditions that place one of the spouses in an extremely unfavorable position is aimed at effectively applying the rule to an unlimited number of specific legal situations. The question of whether the terms of a particular marriage contract place one of the parties in an extremely unfavorable position is decided by the court in each specific case on the basis of establishing and examining the factual circumstances of the case and assessing the evidence presented by the parties according to the rules established by Articles 67, 71 of the Civil Procedure Code of the Russian Federation. Federation.

What points need to be reflected in the contract?

The following information must be included in the contract:

• information about spouses (including date of birth, passport details, registration at place of residence);
• detailed description of the property (including address, footage, date of entry into ownership);
• rights to an apartment during marriage;
• rights after divorce (sole ownership of real estate by one of the former spouses or allocation of shares);
• the basis on which the decision was made to leave the housing to the husband or wife or to divide it into shares in the manner specified in the contract;
• an indication of specific situations in which the right to housing may be transferred to the child(ren);
• an indication that the property is not encumbered, is not under arrest, pledged, etc.

It is also necessary to include in the contract language stating that at the time of signing the spouses have no claims against each other, and if disputes arise in the future, they will be resolved through negotiations or in court.

When purchasing a home with a mortgage, additional clauses must be included in the contract. There are two options here:

• the apartment was purchased before the marriage;
• it happened in marriage.

In the first case, if the spouses plan to repay the loan together, you can indicate the shares that will go to each of them in the event of a divorce. In the second case, a property regime should be established. If it is common, then the spouses will be co-borrowers, and after the divorce they will repay the loan and receive/not receive real estate according to the conditions specified in the agreement. In a separate regime, the loan will be issued to the spouse specified in the marriage contract. The loan will also be issued only in his name.

The marriage contract for an apartment should indicate only those conditions that relate directly to the property. The subject of the agreement is not the details of the will, the place of residence of children after divorce, other property or personal rights of the husband and wife, the rights to transfer property in the event of the death of the husband or wife, etc.

“Working” grounds for invalidating a marriage contract

The opportunity to change the regime of common joint property of spouses by concluding a marriage contract was provided to married citizens more than 20 years ago - already in the first edition of the Family Code of the Russian Federation (entered into force on March 1, 1996), rules on marriage contracts were introduced (Chapter 8 of the RF IC) , which have not undergone any changes to date.

Due to existing family traditions, the prenuptial agreement was not popular in the past and is not very common now. However, the number of prenuptial agreements is increasing every year. Therefore, the relevant question is about maintaining a balance of interests of the parties and, as a result, about the possibility of judicially declaring an agreement invalid on the grounds that its terms put one of the parties in an extremely unfavorable position (Part 2 of Article 44 of the RF IC). A marriage contract, like any other transaction, can be declared invalid under the general conditions provided for by the Civil Code, but in this article I will exclusively consider the practical application of the special rule established in Part 2 of Article 44 of the RF IC.

1. The limitation period for going to court. A marriage contract is a transaction; the RF IC does not have a special rule on the limitation period, therefore the terms are established by Article 181 of the RF Civil Code. A marriage contract, the terms of which place one of the spouses in an extremely unfavorable position, is a voidable transaction, therefore, the statute of limitations is 1 year (Part 2 of Article 181 of the Civil Code of the Russian Federation).

The point at which the limitation period begins to run is interesting. From Part 2 of Article 181 of the Civil Code of the Russian Federation, a general rule follows: the limitation period begins from the day when the plaintiff learned or should have learned about the violation of his rights.

At first glance, it is logical to assume that the plaintiff learned about the violation of his rights on the day when he signed the marriage contract, the terms of which put him in an extremely unfavorable position. Until now, the Consultant has an appeal ruling of the Chelyabinsk Regional Court dated January 16, 2012 in case No. 33-34/2012, which reflects this point of view. But this point of view is not correct.

Family relationships are ongoing. When concluding a marriage contract, the parties consider themselves members of the same family, bound by certain interpersonal relationships and obligations. These relationships can change 1, 5, 10 years after the conclusion of the marriage contract. But it is precisely with the change in interpersonal relations between spouses that all the negative consequences associated with divorce, division of property, and violation of the rights of one of the spouses to property that was once common are associated.

Significant for judicial practice in cases of declaring marriage contracts invalid is the Ruling of the Supreme Court of the Russian Federation dated January 20, 2015 N 5-КГ14-144 (on the basis of this judicial act, a marriage contract concluded more than 10 years ago was declared invalid). According to this definition, the statute of limitations should be calculated from the moment when the spouse learned or should have learned that as a result of the implementation of the terms of the marriage contract, he found himself in an extremely unfavorable property position.

This may be recognized as the moment of division of property carried out under the terms of the marriage contract, as a result of which one spouse is completely deprived of the right of ownership of property acquired by the spouses during the marriage.

Okay, what is considered “the moment of division of property”? In the above definition, this moment is the court making a decision on the division of property, taking into account the terms of the marriage contract (after this decision, the plaintiff filed a lawsuit to challenge its terms).

But in the Resolution of the Presidium of the Moscow City Court dated April 17, 2021 in case No. 44g-85, the beginning of the limitation period for claims to invalidate a marriage contract coincides with the moment of divorce. The appeal ruling of the St. Petersburg City Court dated February 15, 2021 N 33-4724/2017 also defines the beginning of the limitation period as the date of filing the claim for divorce of the parties.

According to the Review of the appeal and cassation practice of the Perm Regional Court in civil and administrative cases for the 1st half of 2021, the beginning of the limitation period is determined by the date when the plaintiff learned of the defendant’s intention to alienate property.

As we see, there is no unity of judicial practice regarding the beginning of the limitation period for claims to invalidate a marriage contract.

However, it should be borne in mind that the marriage contract is devoted exclusively to the regulation of the property relations of the spouses. And it is impossible to “link” the period for appealing it to the date of divorce (filing a claim for its dissolution), or the actual termination of family relations.

I believe that when determining the beginning of the statute of limitations, one should be guided by the date when the applicant should have learned that as a result of the implementation of the terms of the marriage contract, he found himself in an extremely unfavorable position (Determination of the Supreme Court of the Russian Federation dated January 20, 2015 N 5-КГ14-144) . The moment of “realization of conditions” in this case can be determined:

1. the date of state registration of the transfer of rights to property transferred into the personal ownership of one of the spouses, without the consent of the other spouse, to a third party;
2. the date of filing a claim in court for the division of property (counterclaim) (or the date of proper notification of the other party about the court case), in which the party refers to the terms of the current marriage contract;
3. violation of the rights to use property - the date of proper notification of the party to file a claim for eviction of the former spouse from the residential premises.

2. What conditions of a marriage contract are recognized by the courts as placing one of the parties in an extremely unfavorable position? According to the ruling of the Constitutional Court of the Russian Federation dated June 21, 2011 N 779-O-O “On the refusal to accept for consideration the complaint of citizen A.V.P. for violation of her constitutional rights by paragraph 2 of Article 44 of the Family Code of the Russian Federation,” used in paragraph 2 of Article 44 of the RF IC in order to consolidate the basis for declaring a marriage contract invalid, the descriptive and evaluative formulation “terms of the contract that place one of the spouses in an extremely unfavorable position” is not indicates the uncertainty of the content of this norm: the variety of circumstances influencing the property status of spouses makes it impossible to establish an exhaustive list of them in the law. Paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 5, 1998 No. 15 “On the application by courts of legislation when considering cases of dissolution of marriage" established that the terms of the marriage contract on the regime of joint property, which place one of the spouses in an extremely unfavorable position (for example, one of the spouses is completely deprived of the right of ownership of property acquired by the spouses during the marriage), can be declared invalid by the court upon request this spouse. Unfortunately, the Plenum of the RF Armed Forces did not speak out further on this issue.

Thus, the assessment of “extreme disadvantage” is left to the sole discretion of the court, with the only qualifying “marker”: extreme disadvantage is the complete deprivation of all property acquired during the marriage.

In practice, unequal division of property in itself is not a basis for invalidating a marriage contract. For example, if, under the terms of the marriage contract, the spouse takes ownership of an apartment, and the spouse - a garage and a car, the spouse’s claim will most likely be denied (although the apartment costs much more) - Ruling of the Supreme Court of May 24, 2021 N 18-КГ16-10. The same applies to cases when the “injured” party still has some common property that is not included in the marriage contract (Appeal ruling of the Moscow City Court dated January 16, 2021 in case No. 33-1182).

The court may decide to dismiss the claim even when the only property acquired during the marriage passes to one of the parties without any compensation. For example, the only apartment (in the absence of other property) under the terms of the agreement became the personal property of one of the spouses - the court refused to invalidate the agreement (Appeal ruling of the St. Petersburg City Court dated January 16, 2021 N 33-681/2018(33- 27154/2017)). In another case, the wife’s personal “premarital” apartment, according to the terms of the contract, became the property of the husband without compensation in the event of divorce - and again the claim was rejected! (Appeal ruling of the St. Petersburg City Court dated September 12, 2021 No. 33-18893/2017).

But the situation for the “victim” spouse is not entirely hopeless. Prenuptial agreements often contain wording that all acquired property is the personal property of the spouse in whose name it was acquired. So, the spouses entered into an agreement with the specified condition, and subsequently, all acquired (and considerable!) property was registered in the name of the husband. In the event of a divorce, the husband had to purchase housing for his wife that met certain characteristics. The agreement was declared invalid (Resolution of the Presidium of the Moscow City Court dated April 17, 2021 in case No. 44g-85). In another case, the husband, in order to pay off the mortgage debt for the apartment purchased during marriage, sold his only “premarital” home. After repaying the debt, the wife (under the pretext of renewing marital relations) convinced him to enter into a prenuptial agreement, under the terms of which the apartment purchased during marriage becomes her personal property without compensation. The marriage contract was declared invalid (apparently the judges were still confused by the obvious injustice of the situation). – appeal ruling of the Moscow City Court dated September 4, 2015 No. 33-31892.

So, the possibility of declaring a contract invalid under Part 2 of Article 44 of the RF IC as a whole is unlikely, and exists only in a situation where:

• one spouse not only receives all the property, but a lot of this property (several apartments, houses, cars, and so on), while the other does not receive anything. Moreover, the specified property does not have to be directly named in the contract; the condition that “to whom it is registered belongs” and the subsequent behavior of one of the spouses registering all the numerous property in their name is sufficient. If we are talking about the fact that “all property” is the only housing that has become the personal property of one of the spouses without any compensation, then the judges most likely will not recognize the agreement as invalid. Inequality (to one – 99%, to the other – 1%) of the property transferred to the parties by the courts is not accepted as a basis for declaring the contract invalid.
• there is obvious dishonest behavior of one of the spouses (for example, repaying a mortgage loan at the expense of the husband’s personal funds and the subsequent conclusion of a marriage contract, according to which the apartment “paid for” by the husband is the personal property of the wife, with the husband expelled from the living space).

In all other cases, the “discretion” of the judges is on the side of the concluded agreement, “stability of civil turnover” and “it’s your own fault, you should have read what you signed.”

Procedure

First of all, to sign a contract you need to collect a package of documents, which includes:

• passports of the parties;
• marriage certificate;
• documents confirming the entry into ownership of the specified real estate;
• receipt for payment of state duty.

In addition, such an agreement must be notarized. Therefore, you will need a document confirming payment for notary services.

You must come to the notary office with a prepared package of documents. You can draw up an agreement yourself or contact a specialist, including a notary, for this service. However, the state fee only covers the certification itself. You will have to pay separately for drawing up the document. You can also find a sample prenuptial agreement for an apartment purchased during marriage on the Internet. However, it is better to also check it for compliance with the law with a lawyer.

Different regions have their own price for drawing up a marriage contract for an apartment. On average it is equal to 5 thousand rubles.

The state duty is 500 rubles. This amount is indicated in the Tax Code of the Russian Federation (Article 333.24). The duties of a notary include checking the agreement for authenticity and compliance with the requirements established by Russian regulations, identifying the parties, establishing the existence of the property specified in the agreement, and conducting a general consultation on the agreement as a whole (not on individual points!).

Since this document establishes the relationship between the spouses regarding joint real estate, it is subject to registration in Rosreestr. This must be done if previously the ownership right belonged to only one party (a marriage contract when one of the spouses purchased an apartment), but now both become owners. In the opposite situation, registration is also necessary. This requirement is due to the fact that any transactions relating to real estate must be reflected in the Unified State Register of Real Estate, since ownership rights change.

Contract and love

“Concluding a marriage contract is the lot of rich people” - this is one of the most common misconceptions of many Russians. But this is not true. The agreement between spouses is designed to resolve many controversial issues in life. And such a contract is suitable for everyone who has something to share.

In Russia, the tradition of concluding a contract similar to a marriage has existed for a long time. For example, only thanks to the terms of the marriage contract of the spouse A.S. Pushkina Natalya Nikolaevna was able to get her dowry back - linen factories, when after the death of Alexander Sergeevich most of his property was described for debts.

Marriage contracts were concluded in our country until 1917. Russians were again able to take advantage of the possibilities of a marriage contract in 1996, when the new Family Code was adopted.

The purpose of concluding a marriage contract is already written in the title of the eighth chapter of the Family Code of the Russian Federation - “Contractual regime of property of spouses.”

So, a marriage contract is an agreement between those entering into marriage, or an agreement between the spouses, defining the property rights and obligations of the spouses in the marriage and (or) in the event of its dissolution.

It is important to emphasize that Russian legislation allows the terms of a marriage contract to be extended only to the sphere of property relations between spouses. The fact is that most people who want to enter into a marriage contract are in the grip of a very common misconception. It is for them that we note: it is impossible, through a marriage contract, to force a partner, for example, to wash dishes on even days of the month. This means that a “wash-out” clause can be included in the document if desired, but if your spouse fails to comply with it, you will not be able to influence anything: for example, during a divorce, the court simply will not take into account such arguments, even if they are written in the agreement.

But the Russian marriage contract allows you to stipulate the conditions and procedure for the division of property in marriage and in case of divorce specifically for a specific married couple. We are talking about options for dividing property depending on the reasons for the divorce. For example, if the reason was immoral, aggressive behavior, infidelity or alcoholism of one of the spouses, then a similar clause provided for in the marriage contract will be taken into account by the court. In this case, the property will not be divided equally, as is usually the case, and most of the offender’s share will go to the injured party.

An important feature of a marriage contract is that it allows you to change the statutory regime of joint ownership, which is determined by Article 34 of the Family Code. The contract allows you to establish a regime of joint, shared or separate ownership of all the property of the spouses, as well as its individual types or the property of each of the spouses. This regime may also apply to property that has not yet been acquired.

Lawyer is resting

A marriage contract, unlike other contracts, is inextricably linked to the identity of its participants, and therefore it cannot be concluded either with the help of a legal representative or by power of attorney, but only in person. But when concluding a contract, it is advisable to seek the help of a professional, who will definitely recommend paying attention to some points.

First. It is important to clearly define the ownership of property that has special material value: spouses indicate what will be the personal property of each of them and what will be common. For example, if the contract states that the apartment belongs to the wife, then in the event of a divorce the husband will not be able to claim it. Sometimes, under a contract, a spouse can transfer to his half personal property that belonged to him before marriage (if this clause is not included in the marriage contract, then in the event of a divorce this property will remain to him). You also need to figure out in advance the fate of the things that the couple will acquire in the future and distribute not only who owns them, but also who, so to speak, “serves” them (this applies to real estate, cars and other property that requires additional maintenance, including including payment of taxes).

Second. It is necessary to stipulate the conditions under which one spouse will support the other, including after a divorce. To avoid misunderstandings, it is recommended to indicate the specific amount of the benefit in the minimum wage (the minimum wage in Russia is subject to indexation, which means that the amount will not depreciate). Another option is when the contract states that the husband undertakes to provide funds for the maintenance of his wife even if she is able to work and is not recognized as needy. Sometimes in a marriage contract there is a condition under which the husband undertakes to pay his wife in the event of a divorce a certain remuneration for each year lived together. By the way, such a condition does not contradict the law.

What you can't write

According to paragraph 3 of Article 42 of the Family Code, conditions cannot be included in a marriage contract that limit the legal capacity of the spouses. For example, it is impossible to write down a condition that the wife undertakes to leave her job, or to renounce the right to division of property, or to go to court to protect her rights.

By agreement of the spouses, the marriage contract can be changed or terminated by them at any time. And not only was it terminated, but also declared invalid as not meeting the requirements of the law. This will happen if the conditions for receiving maintenance by one of the spouses put the other in an extremely unfavorable position or contradict the basics of family law. It is impossible to include in a marriage contract conditions regarding the disposal of property in the event of one’s death, since a marriage contract cannot include elements of a will.

Let's agree on children

In principle, it is possible to introduce a clause on children into the contract. But it must be taken into account that only provisions relating to the financial support of the offspring, for example, educational expenses, will be valid. But it is impossible to specify which parent will raise the children, just as it is impossible to indicate in the contract with whom the children will remain in the event of a divorce. Moreover, it is impossible to include in the marriage contract an obligation to have a certain number of children. But it is possible to stipulate, for example, additional conditions of detention for the wife at the birth of each subsequent child.

A properly drafted marriage contract has real force and can really protect the interests of both parties, provided that it does not contradict the Family Code.

The completed contract must be certified by a notary. After this, you can go to the registry office and no longer be afraid of the pitfalls of family life.

We add and edit

If over time the spouses decide that some provisions of the contract are outdated, they have the right to change them. To do this, an additional agreement is written and notarized again. That is, a marriage contract can be indefinite or limited to specific terms - contrary to the popular belief that it can only be concluded before registration. It can be issued at any time - before marriage, during marriage, and at least half an hour before the divorce. But not during the divorce process. Of course, the contract is only valid in an officially registered marriage. It does not yet apply to civil unions. In our country, just like in the West, there is a secret marriage contract. But at the same time, we must remember that creditors should be familiarized with both the marriage contract itself and its changes.

Of course, even today many continue to consider a prenuptial agreement not the most attractive side of marriage, indicating the commercialism of the couple. But common sense dictates that such subtle matters as love, trust, mutual understanding and care for each other should be protected from everyday storms and everyday troubles. To save them, it’s not a shame to calculate a little. After all, marriage is not only a serious, but also a deliberate step.

Comments

A marriage contract can be concluded both before the state registration of a marriage and at any time during the marriage.

The marriage contract is subject to mandatory notarization.

In a marriage contract, spouses have the right to determine only property rights and obligations both in marriage and in the event of its dissolution. Other rights and obligations of spouses are not subject to regulation by a marriage contract.

In a marriage contract, spouses have the right:

— establish a regime of joint, shared or separate ownership of all the property of the spouses, its individual types or the property of each of the spouses;

— determine the share of each spouse in the property they own;

— determine the property that will be transferred to each spouse in the event of divorce;

— establish a method of participation in each other’s income;

- determine the procedure for each of them to bear family expenses, as well as any other provisions relating to the property relations of the spouses, but not contrary to the law and not infringing on the interests of the other spouse.

Procedure for change (termination)

Changes can be made to the marriage contract at the request of the parties, but only by mutual desire. To do this, you will need the notarized consent of the second spouse to carry out such actions. The party that proposes to change individual points of the document must draw up such a list. Like a contract, you can prepare it yourself or contact a specialist.

If the husband and wife cannot come to a common opinion, then amendments can be made through the court. Then it is this authority that will determine whether the plaintiff fulfills its obligations under the agreement and whether the defendant’s rights are infringed.

Termination is also possible by mutual consent. Both spouses must have legal capacity. If one of the parties believes that its rights have been violated, then it is possible to go to court.

Also, the reason for changing or terminating a marriage contract for an apartment is a significant change in circumstances due to which fulfillment of its conditions is no longer possible. When changing/terminating through the court, you can indicate other reasons that, in the opinion of one of the spouses, may be considered significant. Whether this is true or not will be decided by the court.

Is it possible to change or terminate a marriage contract?

The marriage contract can be changed or terminated at any time by agreement of the spouses. An agreement to amend or terminate a marriage contract is made in the same form as the marriage contract itself.

Unilateral refusal to execute a marriage contract is not allowed.

At the request of one of the spouses, the marriage contract may be changed or terminated by a court decision on the grounds and in the manner established by the Civil Code of the Russian Federation for changing and terminating the contract.

How to invalidate

First of all, an agreement may be declared invalid if it was concluded in violation of the law (for example, the incapacity of one of the spouses). There are also special grounds that are specified in the Family Code of the Russian Federation (Article 44 part 2). This means that the terms stated in the document put one of the parties at a disadvantage.

If, when concluding an agreement, one of the parties saw a violation of their rights, but agreed to sign the agreement, then in the future, for this reason, it will be difficult to recognize it as invalid. However, it all depends on the specific situation: sometimes the court agrees with the plaintiff’s arguments.

○ Termination of the marriage contract and changing its terms.

The parties at any time, by mutual consent, have the right to agree on the early termination of the marriage contract by formalizing this decision in writing and certified by a notary (Part 1 of Article 43 of the RF IC).

Similarly, changes can be made to the document - if there is a signed expression of will of the spouses in the form of an additional agreement to the contract .

As a general rule, the contract terminates after the divorce, but not with regard to those rights and obligations that relate to the life of the spouses after the divorce - division of property , payment of alimony for children , etc.

The law does not make it possible to unilaterally refuse to fulfill a contract, but it does allow you to challenge it in court:

1. It is permissible to invalidate a marriage contract by a court decision if it knowingly puts one of the parties in an extremely negative position.
2. If, under the terms of the agreement, the spouse loses all property upon divorce, but her participation in expenses and income is not specified at all, which actually implies a ban on work and receiving income, the court may recognize such an agreement as void, as limiting the rights of one of the parties.
3. Similarly, a marriage contract can be declared invalid on any of the grounds specified in the Civil Code for declaring transactions invalid.