Drawing up a marriage contract: cost, sample from a notary, in marriage

The concept of “nuptial agreement” found application in Russia a little more than 20 years ago. This is due to the fact that the socialist model of the family did not imply such a thing as a “marriage contract”, and there was nothing to divide in the Soviet years, since there was no concept of private property.

However, with the adoption of the first part of the Civil Code of the Russian Federation, the situation has changed somewhat, since now the code states that property acquired by spouses during marriage is considered common , except in cases where another mode of division of property is determined by agreement.

In this article we will look at what a marriage contract is, how to draw it up and how much it costs from a notary.

The concept of a marriage contract

A prenuptial agreement is a documented agreement between official spouses or persons planning to marry, regulating their rights and responsibilities not only in the family, but also in the event of divorce proceedings.

This type of agreement is very specific, since it can only be concluded by persons who are either officially married or preparing to enter into one. In the first option, the contract will be valid from the moment of signing, and in the second - from the moment of marriage.

Despite the fact that the concept of a “nuptial agreement” was enshrined in the Civil Code of the Russian Federation in 1994, not many Russian couples still decide to enter into a mutually beneficial agreement.

According to statistics, no more than 3-5% of potential spouses draw up a marriage contract. However, even of this five percent, the majority of couples in the event of a divorce prefer to resolve all property conflicts without lengthy litigation.

DOWNLOAD MARRIAGE CONTRACT

Contents of the contract

The main purpose of drawing up a marriage agreement is to change the principle of division of property acquired during marriage. Thus, spouses can make property common, separate or shared, based on the wishes of both parties.

The contents of the marriage contract may be as follows:

• The parties can establish a property regime not only in relation to the acquired property, but also in relation to what is planned for the future.
• In addition, the contract may contain principles for managing and sharing expenses , as well as ways of mutual participation in the family's earnings.
• The document can also indicate the validity period of the agreed rights and obligations of the parties, as well as the conditions under which the agreement or some of its parts will lose its force. However, Russian legislation does not allow the introduction of provisions that limit the rights of at least one of the parties, depriving it of the opportunity to defend its own interests by filing a claim in court or in any other available way.
• Contrary to the widespread opinion of our compatriots that a marriage contract can regulate the interpersonal relations of spouses, in Russia an agreement is created solely for the purpose of regulating the property relations of the parties.
  In other words, it is impossible to oblige a partner to walk the dog or fulfill marital duties by contract.
• The marriage contract is concluded only in writing with mandatory notarization.
• At any time, the agreement can be terminated by mutual consent of the parties or by a verdict of a judicial authority. Termination of a marriage contract can be formalized by a notary.
• The law does not prohibit changes to the marriage contract during the entire term of the agreement.
• The contract itself can only lose its force in the event of the occurrence of events specified in the text of the contract.

Conclusion from a notary and cost

According to our legislation, any marriage contract can be concluded exclusively in writing and must be notarized.

The procedure for concluding a marriage contract is very simple: you need to draw up the actual text, prepare 3 copies and have it certified by a notary.

For legal certification, the parties must provide the notary with a package of title documents for all existing property , these include:

1. original certificates of ownership;
2. originals of purchase and sale agreements;
3. originals of donation agreements.

In addition to property documents, identification documents . After all, no notary office can certify a marriage contract without:

1. Russian passports of both spouses;
2. original marriage certificate (if the marriage has already been concluded).

• Both parties must be present when submitting documentation.
• fee of five hundred rubles is required to certify a marriage agreement .
• Prices for notary services may vary depending on the region and the reputation of the agency. On average, the cost of legal support, drawing up and development of a marriage contract in the main cities of Russia is as follows:

• Moscow – 5-10 thousand rubles;
• St. Petersburg - 5-9 thousand rubles;
• Samara – 3-5 thousand rubles;
• Ekaterinburg - 5-12 thousand rubles;
• Nizhny Novgorod 3-6 thousand rubles.

But in order to draw up and certify an agreement, it is not enough just to pay the fee and the services of a notary office. To conclude a marriage contract, the following requirements must be met :

• The parties must be married or planning to be married.
• Spouses cannot be under 18 years of age.
• Both parties must be legal and capable.
• The will expressed in writing must correspond to the actual desire of each party.
• The contract cannot violate the constitutional rights of either party.
• A marriage agreement can only regulate the property relations of the spouses.

1. It should be noted that whatever the contract, it cannot put the parties in a disadvantageous financial position that is contrary to the Family Code, and also limit the spouses in:

• legal and legal capacity;
• the right to go to court;
• the right to communicate with the child;
• the right to receive security in the event of loss of ability to work.

Often, notary offices offer standard versions of marriage contracts for review, containing basic provisions that clients can change in accordance with their own wishes. The final version of the contract is checked and certified by a notary in person .

Division of property under a marriage contract

The legal nature of the marriage agreement allows regulating financial relationships not only during marriage, but also in the event of its dissolution. In other words, spouses can document in advance an agreement on how marital property will be divided in the event of a breakup.

Often, the main reason for drawing up an agreement is the different level of earnings of the spouses, so the parties try to maintain the “status quo” in relation to their own income.

In this situation, a prenuptial agreement will help determine the principle of ownership and division of property .

For example, the one who earns more can receive 2/3 of the total property, and the rest will go to the second spouse.

During a divorce, all property acquired during the marriage will be divided based on the terms of the marriage contract.

As a rule, when dividing property, the court during the proceedings determines what is luxury goods and what is personal use , on which the basic principle of division depends.

Thanks to a prenuptial agreement, the parties can avoid this uncertainty and clearly define in the contract who will own what things. For example, you can use the wording that jewelry, regardless of cost, will belong to the person who used it in marriage.

In this case, you won’t have to divide the necklace or fur coat given for your anniversary.

Of course, if one of the spouses is dissatisfied with the result of the division of property, it is quite possible to challenge the marriage agreement , like any other transaction.

To challenge a marriage contract, one of the following conditions must be met:

1. At the time of signing the agreement, one of the parties, despite its legal capacity, was in a state that did not allow it to make informed decisions. This happens if one of the spouses was sick or was intoxicated.
2. One of the parties was fraudulently misled regarding the terms specified in the contract.
3. The signing of the agreement took place under threat of violence or under physical pressure from one of the parties.
4. One of the parties was not legally competent at the time of concluding the contract.

The agreement can be terminated or adjusted based on the mutual consent of the parties; in this case, a new agreement must be drawn up in writing and notarized.

If there are substantial grounds, you can challenge a marriage contract in court. To do this, a claim must be filed in court, on the basis of which a decision will subsequently be made to terminate or adjust the contract.

Invalidation

There are situations when a prenuptial agreement may be declared invalid.

The reasons for this may be the following:

• fictitiousness of marriage;
• the agreement limits the legal capacity of the parties;
• the contract determines the unfavorable financial position of one of the spouses;
• the agreement defines interpersonal relationships;
• the rights and obligations of the parties in relation to the child are determined;
• provides for the refusal to support a spouse who has lost his ability to work;
• any other reason described in the second chapter of the Civil Code of the Russian Federation.

Moreover, if the agreement was signed with an incapacitated person, or was drawn up for the purpose of concealing another transaction, in this case the marriage contract will also be considered invalid, but recognition as such is possible only through the court.

Example of a marriage contract

In the attached photos, see an example of a marriage contract on separate property and other conditions:

Source: https://samwedding.ru/podgotovka-k-svadbe/vazhno-znat/brachnyj-dogovor-stoimost-u-notariusa.html

How to draw up a prenuptial agreement for a mortgaged apartment?

Drawing up a marriage contract for a mortgaged apartment is not an obligation, but a right of the spouses. Although banks often require the preliminary signing of a marital contract in order to guarantee timely repayment of the debt. Spouses should consider signing the BD themselves. This will protect personal property rights throughout the time the debt is repaid. The agreement guarantees that after the end of payments, each family member will receive personal ownership of a fair share of the apartment.

Prenuptial agreement: pros and cons

Contents (click to open)

A prenuptial agreement is a voluntary bilateral contract that includes rules for the distribution of property rights in a marriage. The purpose of the contract is to establish how the material assets acquired by the couple after marriage will be divided until the moment of divorce.

Article 41 of the RF IC provides that an agreement can be drawn up at any time before the divorce. Based on the document, the contractual property regime of the spouses begins to operate.

Table "Pros and Cons"

Advantages of drawing up a marriage contract
Disadvantages in the absence of a marriage contract
Simplification of divorce, since the division of property occurs on the basis of a contract. There is a high probability of loan refusal. Increasing the chance of your application for a targeted loan being satisfied. Providing a smaller loan amount, since there is a risk that the borrower will lose solvency in the event of a divorce. Fair division of mortgage debt. Guarantee of receiving the purchased property into joint ownership.

The Family Code allows you to draw up a marriage contract for the purpose of dividing the mortgage loan and property rights to the purchased property. There are a number of circumstances in which a contract is necessary.

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Why do you need a prenuptial agreement for a mortgage?

In most cases, lenders require spouses to enter into a prenuptial agreement before taking out a mortgage. This is done to protect the property interests of the creditor, since there is a risk that if a divorce occurs, the couple will stop making payments due to loss of solvency. If the agreement has already been drawn up, then resolving the issue will be much easier.

The couple provides the bank with the original signed agreement, which specifies the procedure for dividing property rights for all types of property. The bank may accept the contract or, if the terms are not suitable for the lender, may require a change in the agreement. Such a requirement is legal.

Important! If a couple has drawn up a prenuptial agreement after opening a mortgage, but has not agreed on this issue with the lender, then the financial institution can cancel the agreement in court.

Before applying for a mortgage

Drawing up a contract is advisable under the following circumstances:

1. Unequal distribution of income in the family. Example – one spouse is employed, provides for the family and pays the mortgage. Having a contract will protect against claims to property from the second spouse.
2. The borrower was only one spouse, whom the bank refused to apply for a loan. The reason is unreliable solvency. Having a contract ensures that together the couple can pay off the debt.
3. Lack of consent of the second spouse to apply for a loan. According to the law, all property transactions after the official registration of marriage can only be concluded with the notarial consent of the official husband/wife. A prenuptial agreement makes it possible to obtain a mortgage without the consent of the other partner.
4. Receiving unofficial income. If the profit cannot be documented, the bank will not agree to issue a loan.
5. The couple decided to purchase real estate before getting married. All material goods purchased before marriage are considered personal property and cannot be divided. The presence of a contract will confirm that the purchase was made jointly and the loan was repaid from the very beginning through joint efforts.

During the mortgage

You can draw up a contract, but only with the written consent of the bank. The lender's property rights directly depend on who will pay the loan and whether the borrower can guarantee his continued solvency.

Read also: Seizure of child benefits: by bailiffs, how to return them from a Sberbank card

After paying off your home loan

A marriage agreement can be drawn up at any time before the divorce (Article 43 of the Family Code). The contract may mention all benefits that have already been purchased or will be purchased in the future. If the couple does not draw up a contract, the mortgaged apartment will be conditionally divided in half.

Marriage agreement for a mortgage (sample)

The legislation does not define the strict form of the marriage contract, but the following blocks of information must be included in the content of the document:

• passport details of the spouses;
• name of the document (nuptial agreement);
• conditions of a contract;
• the day on which the document comes into force;
• signatures of participants;
• date of registration.

In order to determine the procedure for repaying the loan, the following questions must be included in the content:

• method of repaying the mortgage (jointly, one by one);
• from what income the loan will be repaid;
• the procedure for dividing property after full payment of the mortgage;
• debt repayment algorithm in case of divorce;
• children's property claims;
• liability of the parties for violation of the terms of the contract.

Sample of a complete agreement, including a chapter on mortgages:

Sample prenuptial agreement for a mortgage – download

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

Sample of a separate part of the mortgage agreement (can be included in the current marriage contract):

A separate part of the marriage contract for a mortgage - download a sample

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

The procedure for drawing up a marriage contract to obtain a mortgage

The algorithm of actions of participants includes the following steps:

• clarification of lending conditions in various banks in the country;
• preliminary drafting of a contract;
• contacting a lawyer to check and correct the contract (the lawyer will eliminate legal, semantic and stylistic errors);
• signing the original agreement;
• contacting a notary for approval of the contract and registration in the register;
• transfer of the agreement to the bank for further registration of the mortgage.

If the couple is officially married, the contract becomes legally binding after notarial approval.

Required documents

At all stages of registration/approval of a marriage contract, the following documents will be required:

• participants' passports;
• marriage registration certificate;
• receipt of payment of state duty;
• personal documents of children, if their interests are taken into account.

Cost of registration with a notary

Article 333.24 of the Tax Code of the Russian Federation provides that the cost of notary services for approving a marriage contract in 2019 will be 500 rubles. The amount is considered for one copy of the agreement.

If we take into account the involvement of a lawyer in drawing up the text of the contract, the average cost of the agreement will be 5 thousand rubles. The price depends on the region.

Duration of the procedure

On average, it takes up to 1 month to complete a marriage contract. There is no need to make an appointment with a notary in advance; all you need to do is draw up an agreement and come to the nearest notary office.

Drawing up a prenuptial agreement for a mortgage under special circumstances

A marriage contract can be drawn up only with the mutual desire of the spouses, therefore, the couple can include any conditions regarding the division of joint and personal property into the content of the contract.

Table “Features of contract execution”

Circumstances
Features
When a spouse does not work If one of the spouses is not officially employed, the working spouse will be the borrower. When drawing up an agreement, the couple can clarify that the non-working spouse will not take part in repaying the mortgage and will not be able to claim part of the apartment during a divorce. With maternity capital Matkapital is targeted assistance to families with two or more children. The law establishes that when purchasing real estate using maternity capital, the housing must be registered as the shared ownership of all family members (children and parents). And husband and wife can repay the loan in any convenient shares. With a bad credit history If there is a marriage contract, the bank looks at the overall solvency, so the borrower will be the spouse with a good credit history, and the second will be insurance in case something happens to the borrower. Something happens to the borrower. Only property issues can be included in the content of the agreement. This concerns the ability to provide for a condition on how the mortgage will be repaid if something happens to the debt payer. The second spouse can act as a co-borrower. It is allowed to involve other relatives in the loan agreement. If there are minor children According to the general rule, during a divorce, children cannot claim the property of the spouses, and vice versa. But the couple can include in the contract a mention of how housing will be divided, taking into account the interests of their common children.

Termination of a marriage contract and invalidation

The validity of the marriage contract depends on the decision of the spouses themselves, therefore, at any time after the conclusion of the agreement, the couple can:

• make changes to the contract;
• draw up a new contract;
• completely cancel the agreement.

This can be done only after the mortgage loan has been fully repaid, when the interests of the bank will not be affected.

Otherwise, you will have to obtain written permission from the creditor to terminate the agreement.

If the spouses independently terminate the marriage contract, and the bank becomes aware of this, the creditor can legally restore the agreement or a separate part of it.

A document may be declared invalid under the following circumstances:

• no notarized approval;
• the contract was signed by the incapacitated spouse;
• forced execution of the agreement;
• the presence of unfair conditions for the division of property rights;
• the content of the contract is contrary to the law.

Invalidation of a document occurs only in court, and a representative of the bank must be present at the process. His opinion is important.

Lawyer's answers to questions about drawing up a mortgage agreement

We took out a mortgage while married with a prenuptial agreement. Now we are getting divorced. The contract states that the wife must repay the housing loan herself. Can a court change the terms of a mortgage during a divorce?

Yes, if such a requirement is made by the creditor. If the spouse confirms her solvency and the absence of a need for third-party financial assistance, then the conditions will remain the same.

We drew up a marriage contract in which the spouse acts as a borrower from the bank and the owner of the apartment. How can I avoid being left behind in the event of a divorce? We pay the mortgage together.

The agreement was drawn up at the request of the bank.

Proposal to the husband to rewrite the terms of the contract. The couple contacts the bank and asks for permission to re-register the contract. You will need to draw up a new contract and contact a notary for approval.

If the husband refuses to independently change the terms of the contract, then he will have to prepare a statement of claim to the court with a request to declare the contract invalid.

The claim must be supported by certificates from the place of work, mortgage repayment receipts, where the payer is not the husband, but the wife.

Conclusion

When applying for a mortgage, it is better to draw up a prenuptial agreement. And considering that in most cases banks themselves ask to provide agreements, it is more profitable when the couple draws up a contract in advance.

The content includes issues of dividing the loan, distributing property benefits, and ways to further repay the debt in the event of a divorce.

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Conclusion and preparation of a marriage contract with a notary: prices and costs

Home / Marriage contract / Drawing up a marriage contract with a notary: price review

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Article 41 of the Family Code of the Russian Federation states: a marriage contract must be drawn up in writing and must be certified by a notary.

It follows from this that the spouses themselves can prepare a draft contract: reach agreement on all essential points and put them in writing. And then contact a notary to have the document certified. Looks very attractive, doesn't it?

After all, the tariffs of law firms and notary offices are quite high. On average, the service of developing a draft marriage contract by professionals ranges from 5 to 10 thousand rubles. Why not save this amount by figuring it out yourself?

There is one “but”. It is not so easy for the average person to understand the intricacies of such a new concept for Russian jurisprudence as a marriage contract.

Firstly, it appeared in legislation not so long ago. And the practical application of these legislative norms among our compatriots is still very rare. Therefore, in matters of developing and applying the provisions of a marriage contract, Russian lawyers are guided by the experience of Western countries, taking into account the realities of Russian legal relations.

Secondly, it is necessary to take into account that an incorrectly drawn up document may be invalid. And all property legal relations that the spouses wanted to settle contractually will be subject to legal procedures. This is stated in Article 44 of the Family Code of the Russian Federation.

Is it worth the risk if we are talking about large sums of money or valuable property of the spouses?

The role of a notary in concluding a marriage contract

Firstly, thanks to the notary mark, the document acquires legal force. Indeed, according to the requirements of the law, this document must be certified by a notary.

Secondly, the participation of a notary in drawing up a marriage contract allows you to avoid mistakes that entail the recognition of the document as invalid. With the help of a notary, the marriage contract acquires a legally correct form and content that corresponds to the real needs of the married couple.

As for assistance in drawing up an agreement, such a service is provided not only by notaries, but also by law firms or private lawyers.

Moreover, some lawyers not only help in collecting the necessary documents, expert assessment of the value of property, drawing up a marriage contract and making changes to it if necessary, but also provide mediation services in notarizing it.

As they say, everything is for the convenience of the client. True, the cost of such VIP services can reach 50 thousand rubles or more, depending on the complexity and volume of work.

The procedure for concluding a marriage contract with a notary: drawing up, checking, signing and notarization

Where to contact

You can draw up a draft contract at any law firm that provides services for drafting contracts.

It is advisable to choose a law firm not based on convenient location or low prices, but on positive reviews and a well-deserved reputation.

You need to understand that an incorrectly or inaccurately drawn up marriage contract, at best, will not live up to the expectations placed on it, and at worst, it will lead to sad consequences for the spouses.

For example, if the contract turns out to be invalid, all property legal relations between spouses will be regulated by the law.

A marriage contract can be certified at any notary office. Some notaries also offer the service of drafting a marriage contract.

Draft marriage contract

Those couples who immediately turned to a notary, bypassing law firms, will have to be patient.

Even if they brought with them their own draft agreement, the notary will have to carefully check it for errors and inaccuracies.

And if a man and a woman came empty-handed, but with the firm intention of concluding an agreement, there will be a long and laborious work to draw it up.

First of all, a man and a woman should discuss and resolve all aspects of property relations, draw up a list of property, prepare documents, and, if necessary, obtain an expert assessment. In accordance with the wishes of the couple, the notary will draw up a legally correct and detailed agreement.

The process of drafting a contract can take from several hours to several days. But the document will contain real mutual agreements between men and women, protect their rights and ensure the fulfillment of responsibilities, and guarantee confidence in the present and future.

What documents do you need to take with you?

First of all, you need to have the draft marriage contract itself, if it has already been drawn up (preferably, not only in printed form, but also in digital format). 3 copies of the agreement are required: one for the spouses, one for the notary.

Spouses must take with them their passports and marriage registration certificate (if the marriage has already been concluded).

In addition, originals and copies of the following documents are required:

• certificates of ownership or an extract from the Unified State Register of Property for the property provided for in the contract;
• contracts, sales receipts, receipts - documents confirming the acquisition of property;
• technical passports for property (apartment, house, cottage, car);
• extracts from registers for securities, shares, bonds.

It is advisable to clarify before visiting the notary’s office what other documents may be required.

How is a marriage contract concluded?

The man and woman must appear before the notary, provide a draft agreement and other necessary documents. The notary will check the documentation, if there is no draft, he will draw it up, and if necessary, he will make amendments or changes to the existing one (correct legal errors, improve wording, eliminate illegal provisions).

The notary will familiarize the married couple with legislative norms, explain the rules and consequences of concluding a marriage contract. Then the man and woman, in the presence of a notary, put their signatures on the documents, and the notary makes a certification inscription and enters the necessary data into the register. Each spouse receives their own copy of the marriage contract.

How much does it cost to conclude a prenuptial agreement?

Law firm services

Law firms and private lawyers charge a wide range of prices for the services they provide. The cost of compilation may depend on factors such as:

• complexity of the contract;
• volume of documentation;
• urgency of work.

The more complex the prenuptial agreement, the higher its cost. But, on the other hand, the more detailed the document is, the fewer disputes and disagreements the spouses will have in the future.

The “issue price” increases if, in addition to drafting a contract, a law firm or private lawyer provides additional services. For example, collecting the necessary documents, conducting an expert assessment of the value of the property.

It cannot be denied that the final price of the service is influenced by the prestige and reputation of the law firm and the qualifications of its specialists. On average, the cost of drawing up a marriage contract in Moscow ranges from 10 to 50 thousand rubles.

Notary Services

As for notary services, their cost is regulated by special provisions.

Certification of the marriage contract

According to the norms of these provisions, the cost of the service for certification of a marriage contract consists of two parts:

1. Standard fee charged for document certification. It is the same for all notary offices in Moscow and Russia - it is 500 rubles.
2. The cost of legal and technical services ranges from 2 to 10 thousand rubles.

Legal and technical services include:

• checking the draft marriage contract for compliance with legal requirements;
• verification of information about spouses in accordance with identity documents;
• checking data on property that is included in the marriage contract in accordance with the submitted documents;
• explaining to spouses the rules of the law on marriage contracts;
• warning about the consequences of concluding a marriage contract for both spouses.

Cost of other notary services

1. Drawing up a draft marriage contract. For a draft marriage contract drawn up by a notary, you will have to pay from 5 to 20 thousand rubles.
2. Amendments to the marriage contract. By mutual consent, spouses can make changes to the marriage contract at any time. But this is done in the form of a separate document describing the changes being made. This document must also be notarized. Such a service can cost about 5 thousand rubles.
3. Termination of the marriage contract. Spouses have the right to both make changes and terminate the marriage contract by mutual consent. Termination of a marriage contract is also formalized in the form of a separate document, certified by a notary. The cost of such a service will also be within 5 thousand rubles.

The cost of drawing up and certifying a marriage contract is by no means small.

Especially if the spouses treat this process thoroughly, choose a trusted law firm, seek help in collecting documents, and draw up a detailed and meaningful draft of the marriage contract. But after concluding the document, they can be completely calm about the present and future fate of their property.

Marriage agreement - sample

Except that such a contract has become less popular. How does the family code interpret a marriage contract? What articles regulate the content of the contract? In what case can a marriage contract be declared invalid, and what are the conditions for changing and terminating a marriage contract? What is a prenuptial agreement for a mortgage? What is the cost of concluding a marriage contract with a notary?

The answers to these questions will be given in our article. Also during the discussion, we will provide the necessary document templates for downloading: a sample marriage contract and a sample marriage contract on separate property.. If in ancient times the overwhelming majority of future spouses entered into such agreements, today this act is an exception.

A prenuptial agreement can not only facilitate divorce, but also formalize the imminent death of one of the spouses.

As a rule, in marriages with a contract, relationships are stronger, because they are tied not only to personal, but also to property relations.

In general, the content of a marriage contract is regulated by the Family Code of the Russian Federation, in particular Article 42. But spouses in the present or in the future can make their own additions and adjustments.

If the agreement has not been concluded, then upon divorce, you will have to file a claim for the division of property or enter into an agreement on the division of property of the spouses.

Please note that in a civil marriage, a marriage contract cannot be concluded.

Typically, the contract includes the rights and responsibilities of each spouse. This information concerns present and future property, as well as the prohibition or permission of certain actions.

Download Marriage Agreement 

For example, caring for one of the spouses in case of illness. The third part of the agreement is property relations in the event of divorce.

The principled approach to the content of a marriage contract is consistency with the current legislation of the Russian Federation.

Let's start with the Family Code. According to Article 42 of the main family code of laws, spouses have the right and opportunity to establish the following types of property relations:

• for all joint property;
• divide joint property into shares - equal or not;
• initially delineate everyone’s personal property;
• identify types of property and rights to them.

Future or current newlyweds can decide

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• how they will support each other in old age or illness;
• what expenses each of them will bear;
• how they will share in each other’s income;
• what property will each transfer to the other in the event of a divorce;
• establish time limits relevant to any rights and obligations of husband and wife;
• They can also bind their rights and obligations to certain conditions.

An example of the last point: if the wife gets sick, the husband takes on all the expenses for her maintenance. But he will have the right to be away from home for a day once a month. Husband and wife can make their own additions to the main list.

• You can download the proposed standard sample and use it as a project, remaking it for yourself.
• Download: Sample marriage contract (blank)
• Download: Sample prenuptial agreement on separate property
• Example contract

As stated above, additions to the agreement should not contradict the current legislation of the Russian Federation. In this regard, all points must be of a respectful moral and material nature. Thus, the content of the marriage contract cannot include items of the following nature:

• regarding the limitation of the ability to use their rights in action, each of the spouses has the right to choose their occupation, profession, place of stay and residence;
• legal restriction - filing an application with the court, consulting with a lawyer, requesting extracts from court records, and so on;
• a contract cannot regulate the relationship between parents and children. The rights and obligations of spouses regarding their children are regulated by law, and not by the parents themselves;
• Personal non-property relations between spouses are not included. In what cases one can be offended or happy for the other is everyone’s personal business;
• regulating property relations after the death of one of the spouses;
• the marriage contract cannot contain a condition that could offend one of the spouses;
• the right to support a disabled spouse without sufficient income cannot be limited.

These are the main provisions of the marriage contract. Any other clauses that in one way or another limit or infringe upon the rights of one of the parties are not permissible.

The marriage contract must be drawn up in writing and notarized.

To conclude a contract you will need:

• marriage certificate (if this is a married couple);
• passports;
• child's birth certificate (if there are children);
• documents indicating the participation of spouses in a commercial enterprise;
• documents establishing the spouses' ownership of property in the property.

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Having the above documents in hand, the spouses contact a notary office. Usually, the notary provides a ready-made version of the agreement for signing, to which the spouses make their own amendments and additions. The notary registers and certifies the marriage contract - the cost at the notary depends on the following points:

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• the state fee paid for notarization is 500 rubles;
• payment for clarifying technical issues, searching for documents, etc. can reach 5-10 thousand rubles.

That is, in order to determine how much a document costs from a notary, you need to clearly understand what work the notary and his assistants will do.

Notarization does not guarantee the inviolability of the contract. Article 44 of the Family Code of the Russian Federation establishes the following conditions under which a marriage contract becomes invalid:

1. A marriage contract may be declared invalid by the court in whole or in part on the grounds provided for by the Civil Code of the Russian Federation for the invalidity of transactions.
2. At the request of one of the spouses, the court may declare a marriage contract invalid if its terms place this spouse in an extremely unfavorable position, limiting the legal capacity and capacity of the spouse.

A marriage contract can be declared invalid by filing a claim in court.

Based on mutual agreement, the parties can make changes to the marriage contract at any time. For this purpose, a document is drawn up in which the changes to be made are indicated. Legal grounds for changing the contract:

• unforeseen changes in life circumstances;
• insurmountable obstacles preventing the fulfillment of agreements;
• infringement of the rights of a spouse in case of fulfillment of the terms of the contract;

Also, by agreement of the parties, the marriage contract can be terminated. The reasons for termination are usually the following:

• one of the spouses violates the essential terms of the contract - unilateral refusal to fulfill the contract;
• circumstances have changed so significantly that the contract has lost its original meaning

Amendments and termination of a marriage contract require notarization. Individually, these actions can be performed in court at the request of one of the spouses.

One of the most expensive types of joint property of spouses, as a rule, is an apartment, which is why it most often appears in the contract. At the same time, spouses, when concluding a prenuptial agreement for an apartment purchased during marriage, must take into account the following points:

• to whom the ownership of the apartment will pass in the event of a divorce, regardless of who purchased it;
• the possibility of transferring an apartment to a minor child, as well as the right to live in the apartment of one of the parents;
• deregistration (extract from the apartment) of one of the spouses in the event of divorce.

In the case when an apartment is purchased on credit, a marriage contract, firstly, helps to consolidate the rights of both spouses, that is, in the absence of an agreement, in the event of a divorce, the apartment will be divided equally, regardless of who made the down payment and monthly payments. Secondly, the document will help determine the order of payments if one of the spouses refuses to pay the mortgage, but at the same time defends their rights to the apartment. In addition, the mortgage contract will help determine:

• The procedure for dividing real estate in case of divorce;
• The procedure for making mortgage payments by each party;
• Liability for violation of its obligations by one of the parties;
• The amount of the down payment, and which party accepts the obligation to make it;
• The party to whom ownership of the apartment will be transferred after repayment of the loan, and the provision of compensation to the second party;

The prenuptial agreement for a mortgage also contains information about the bank providing the loan and about the apartment being purchased: area, address, full name. future owner, etc..

Cost of marriage contract

In a marriage contract you can stipulate:

• conditions for drawing up a family budget;
• participation or non-participation of spouses in mutual income;
• the grounds on which the spouses will support each other;
• the rights of all children of the family to property without infringement of their rights;
• a list of all movable and immovable property that everyone will receive during a divorce.

Also, concluding a marriage contract gives spouses the opportunity to regulate the ownership of property, that is:

• The personal property of the spouses in the event of divorce will not be divided, but will remain the property of the owner.
• Property acquired jointly during marriage will be divided in half upon divorce.
• The existing shared property will be divided between the spouses in the form of specific shares.

A sample marriage contract is on this page.

Marriage agreement form and cost

During the divorce, the wife refused to make payments to the bank. The husband turned to lawyers, and they explained that a loan taken for family needs is the joint property of the spouses, so both spouses must repay it.

The joint property of a married couple does not include gifts made by him, property received as an inheritance, or intellectual property rights.

A prenuptial agreement will help spouses look into the future with more confidence and know that after a divorce they will not be left without a livelihood or a roof over their heads.

In order to make the procedure for its preparation as convenient and competent from a legal point of view as possible, it is better to seek the help of a professional lawyer who has at his disposal samples for drawing up this important document. Leave a request Terms of work with “Legal Petersburg”

No hidden fees.

Drawing up a marriage contract with a notary, price overview

It follows from this that the spouses themselves can prepare a draft contract: reach agreement on all essential points and put them in writing. And then contact a notary to have the document certified.

Looks very attractive, doesn't it? After all, the tariffs of law firms and notary offices are quite high. On average, the service of developing a draft marriage contract by professionals ranges from 5 to 10 thousand rubles. Why not save this amount by figuring it out yourself? There is one “but”.

It is not so easy for the average person to understand the intricacies of such a new concept for Russian jurisprudence as a marriage contract.

Firstly, it appeared in legislation not so long ago. And the practical application of these legislative norms among our compatriots is still very rare.

Download the marriage contract 

A prenuptial agreement or marriage contract, as most citizens are accustomed to calling it, is an agreement between persons planning to get married or an agreement between spouses. A prenuptial agreement is aimed at defining the property rights and obligations of each spouse, both during marriage and after its dissolution. The rules and procedure for concluding a marriage contract are regulated

articles of the Family Code of the Russian Federation (Chapter 8 ). Since a prenuptial agreement is a bilateral transaction,

for the commission of which the will of both parties is necessary, then the

rules of Chapter 9 of the Civil Code of the Russian Federation (“Transactions”).

A prenuptial agreement can be drawn up both before marriage and during the entire time that the persons are married. If the marriage contract is concluded before the marriage is registered, it acquires legal force at the time of state registration of the marriage. If the decision to conclude a marriage contract is made by spouses who are already married, then

The moment of concluding such an agreement is recognized as the moment of its certification by a notary.

A marriage contract is drawn up in writing; the text of the document must contain all the essential conditions on which the spouses have come to an agreement. Certification of the marriage contract by a notary is mandatory.

1. Unlike other contracts, a marriage contract can be concluded both in relation to currently existing property and in relation to property acquired in the future .
2. By means of a marriage contract, spouses have the right to establish a regime of joint or separate ownership of all the property of the spouses, its individual types, or the property of each of the spouses.
3. DOCUMENTS AND RATES Under the joint ownership regime , property acquired by spouses during marriage is their joint property. In other words, everything that you acquire during marriage will be the common joint property of the spouses and will be divided equally upon divorce,
4. unless otherwise stated in the marriage contract.
5. In a separate regime , property that was previously acquired or will be acquired by the spouses during the marriage, after the conclusion of the agreement, is the separate property of the spouses.
6. The acquisition of any property and further possession, use and disposal of this property, in respect of which a separate ownership regime has been established, is carried out
7. each spouse personally, without the consent of the other spouse .
8. This means that when managing (purchase and sale, pledge, donation) real estate, cars, cash, and other property, you can avoid problems,
9. related to obtaining the consent of the spouse .

Due to changes in the legislation of the Russian Federation, a marriage contract is of particular importance for business owners (owners of shares in the authorized capital, shareholders).

Now, when disposing of shares of the authorized capital (purchase and sale, increase in the authorized capital, withdrawal from the company, demand for the redemption of a share of the authorized capital), the consent of the spouse will be required for the above actions. This can be avoided by concluding a prenuptial agreement in advance.

LEGAL REGISTRATION INDIVIDUALS AND IP In order to change or terminate a marriage contract, an agreement of the spouses on this issue is required. The agreement is drawn up in the same form as the marriage contract itself.

Amendments to the contract or its termination are possible at any time by mutual consent of the spouses. The law does not allow only one of the spouses to refuse to fulfill the contract.

In accordance with the rules established by the Civil Code of the Russian Federation for amending and terminating contracts (Gpava 29), a marriage contract can be terminated in court at the request of one of the spouses.

• The marriage contract terminates from the moment of divorce.
• Acceptance of documents for registration of a marriage contract is carried out without an appointment, on a first-come, first-served basis .
• Required documents:
• – passports of the parties;
• – marriage certificate (if the marriage is concluded).
• Cost – from 7000 rubles.
• Phone numbers for inquiries: (812) 368-00-08 or 610-56-56.

Marriage contract

Also, prenuptial agreements denoting the exclusive right of ownership make it possible to avoid the collection of any property in favor of the bank if one of the spouses is a debtor and for some reason cannot cope with their debt obligations. A marriage contract is a rather serious procedure

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That is why, before implementing it, it is necessary to familiarize yourself with the following important issues:

• what needs to be specified?
• Attached documents;
• main nuances.

If the spouses do not first study the theoretical basis for completing the process of the type under consideration, it may drag out somewhat. Since the notary will not certify a document if any documents are missing or the spouses do not take into account some important nuances.

The document usually provides an impressive list of conditions that ultimately determine the cost of the prenuptial agreement for both parties.

Many lawyers indicate prices for a marriage contract in direct proportion to the size and value of the spouses’ property.

The procedure for drawing up a marriage contract and the documents required for this

A marriage contract refers to documents that must be in writing and notarized. If citizens enter into an agreement before the wedding, they will need their passports to carry out the procedure at the notary.

If already married people want to sign a contract, then to conclude such a contract they will need:

• marriage certificate;
• passports;
• birth certificates of children (if there are children in the family);
• documents confirming the participation of spouses in any commercial or non-profit association;
• necessary documents confirming the rights of the spouses to the existing property.

Having collected all the necessary documents, the spouse or bride and groom will have to contact a notary office. The notary will check the documents and set a day and time for signing the agreement.

Before signing the contract, the spouses will be presented with a draft version of it, which they will have to familiarize themselves with. If the spouses do not have any questions about the clauses and contents of the agreement, the notary will read it out loud, comment on it and submit it to them for signature in a clean version.

Most often, notary offices provide ready-made samples of marriage contracts, which spell out the main points. If desired, when drawing up a contract, spouses can adjust and supplement clauses, or cross them out completely.

If the spouses express their desire, the contract can be limited in duration or made dependent on certain factors.

The notary registers and signs the contract, amended in accordance with the wishes of the spouses, if all the necessary documents are available. If the spouses do not understand the meaning of some points in the contract, the notary will have to answer the questions that arise so that they do not have any problems in the future.

The marriage contract must be drawn up in three copies, one of which is intended for the notary, and the other for the spouses.

The agreement must be notarized, because Without a signature, the fact of voluntary registration of property relations between spouses will not be confirmed.

Only a contract certified by a notary has legal significance. A contract drawn up with the participation of a lawyer in compliance with all the rules, but not notarized, will not have any legal significance.

Breaking and amending a marriage contract

Spouses who have entered into a marriage contract, if any reasons arise, can cancel it or change a number of points. This is possible if both both and one of the spouses show a desire.

Cancellation or amendment to a contract must take place in the presence of a notary; the new version of the contract, as well as the document on termination of the previous one, must bear his signature.

Termination of a contract in court occurs for the following reasons:

• if the other party is against changes or cancellation;
• if the second spouse does not give his answer within the appointed time.

The court may satisfy the claim of a citizen who has decided to change or annul the marriage contract if:

• his spouse violated any of the clauses of the contract;
• Some unforeseen circumstances arose that changed the situation.

1. Cancellation of a contract due to changed circumstances is possible only if the agreement does not specify other reasons for termination, and the spouses cannot find any compromise that satisfies the wishes of both.
2. Based on the evidence presented by the plaintiff about the presence of compelling reasons, the court will make a decision on the possibility or impossibility of adjusting or terminating the contract.
3. If the court makes a decision in favor of the plaintiff, he or the defendant has the right to apply to the court with a request to establish the consequences of termination of the contract, so that the funds spent on the execution of the contract are distributed equitably between the spouses.
4. Along with unforeseen circumstances, the court has the right to allow the contract to be canceled for other reasons that it considers valid, for example:

• job loss;
• loss of ability to work;
• serious illness;
• other reasons.

• When a contract is annulled, citizens do not have the right to demand mutual compensation for what they have already accomplished during marriage.
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Assistance from lawyers in drawing up a contract, the cost of their services

When drawing up a marriage contract, spouses can seek the help of a qualified lawyer who can advise them on the following issues:

• how to correctly draw up a contract;
• what do the clauses in the contract mean?
• how the contract is applied in real life;
• Which notary is better to certify the contract?

An oral consultation with a lawyer on all of the above issues will cost the spouses approximately 1,500 rubles per hour.

Legal assistance directly when writing a contract will cost from 2,000 rubles to 3,000 rubles. The price varies depending on the number of pages in the agreement.

Why do you need a marriage contract?

1. A prenuptial agreement is a voluntary agreement concluded by spouses on the eve of or after marriage in order to fix their property responsibilities and rights during family life in the event of divorce.
2. Citizens who decide to enter into this contract, as a rule, pursue one goal - the regulation of all possible property relations that may arise in the course of certain circumstances.
3. The reason for concluding a contract can be either personal property that the spouses already have or property that they plan to acquire jointly.
4. In the contract, citizens have the right to specify all the nuances that are important to them, for example, to determine in advance which of them, in the event of a divorce, will receive an apartment, and who will get a car and a dacha.
5. In addition, it is permissible to specify in the contract specific conditions on the basis of which it will be possible to fulfill certain clauses of the contract.
6. Read more about this in the program “Expert Opinion with a Notary”: