A marriage contract is a notarized document that sets out the conditions relating to the property interests of the spouses, including in the event of a possible divorce. The conclusion of such an agreement is regulated by law, namely, the Family Code (SC) of the Russian Federation, articles 40 and 41.

The prenuptial agreement performs the following functions:

• documents the rights to the property of the spouses received before the wedding;
• determines the rights to objects of property that will be acquired during cohabitation;
• distributes the income received by the spouses into personal and common;
• fixes the procedure for the division of property objects and obligations for alimony in the event of a possible official break in relations.

The procedure for concluding a marriage contract

This document must be in writing and certified by a notary. Only in this case it will have the status of an official document. If a marriage agreement is concluded between persons who have not yet entered into official relations, then this document will have legal force only after the marriage is registered (Article 41 of the RF IC).

Brief algorithm of actions

• Spouses (or future spouses) draw up a marriage agreement in writing, in which property relations are prescribed in detail. The document must be in 3 copies: one for each of the parties and the third for storage in a notary archive.
• The spouses collect a package of documents, you can read more about this in the article below.
• A marriage contract is concluded and certified by a public or private notary (Article 41 of the RF IC).
  Notary actions:
  1. checks the civil passports of the spouses and other submitted documents;
  2. visually determines the capacity of citizens;
  3. checks the text of the contract for compliance with current legislation;
  4. the notary has the right not only to certify the existing agreement, but also, if necessary, to help in its preparation. This service is subject to additional payment;
  5. certifies the marriage agreement and makes an entry about it in a special register.
• The spouses pay for the services received and receive copies of the document certified by a notary in their hands.

Conditions for concluding a marriage contract and its termination

A marriage agreement can be drawn up both before marriage and after its registration. The entry into force of the contract is possible only if there are officially concluded marital relations. Registration of a marriage contract between persons in a civil marriage is impossible (Article 21 of the RF IC).

The marriage contract is considered terminated if:

• the spouses officially divorced;
• one of the spouses has died;
• one of the spouses is officially recognized as legally incompetent;
• with mutual consent and certification of the fact of termination of the agreement by a notary.

Registration fees and required documents

In order for the marriage contract to become legally valid, when visiting a notary, you must submit the following documents:

• direct contract in 3 copies;
• civil passports of citizens drawing up the contract;
• marriage certificate, if it has already been issued;
• documents confirming that the parties have property objects that are the subject of the contract. This can be real estate, vehicles, bank accounts, stocks, etc. It is worth noting that this only applies to property acquired in marriage, therefore, it only applies to persons who wish to draw up a marriage agreement while already married. The property that the spouses had before the wedding, according to the law, is their personal property and is not subject to division.

The service of certification of a marriage contract by a notary is paid, the cost consists of 2 components:

1. notary services - 500 rubles, according to Art. 333.24, clause 10 of the Tax Code (TC) of the Russian Federation;
2. services for drafting a marriage contract or making adjustments to an existing one. Prices for this service vary in a very wide range, from 3,000 to 20,000 rubles. The cost depends on the tariffs of a particular notary (lawyer) and the complexity of the document being drawn up.

How to conclude a marriage contract - the lawyer will tell:

Conclusion of a contract during marriage

You can draw up a marriage agreement not only as a bride and groom, but also after several years life together. Most often, such a decision arises among the spouses when the financial situation of the family has changed or when disagreements have arisen regarding jointly acquired property. The contract becomes valid immediately after its signing or at another time indicated in the document.

• it's spelled wrong
• the marriage was dissolved in the registry office or in court
• one of the spouses demands that the contract be declared invalid because it puts the party in an unfavorable position.

The subject of the marriage contract of the spouses is the property objects already acquired during the marriage and the property that will be received in the future during the marriage. In this case, the spouses can determine in the document the ownership of each of the property objects:

• by law, i.e. the property will be joint property;
• determine the contractual regime of property ownership, i.e., choose a different order of ownership. For example, spouses can divide between themselves both property objects and existing debt obligations.

From the foregoing, we can conclude that the conclusion of a marriage contract is a convenient option for regulating property relations in marriage.

All questions of interest can be asked in the comments to the article.

33. Marriage contract. The order of conclusion, the content of the contract.

Article 40. Marriage contract

A marriage contract is an agreement of persons entering into marriage, or an agreement of spouses, which determines the property rights and obligations of spouses in marriage and (or) in the event of its dissolution.

Article 41. Conclusion of a marriage contract

1. A marriage contract may be concluded both before the state registration of marriage, and at any time during the marriage.

A marriage contract concluded before the state registration of the conclusion of marriage shall enter into force on the day of the state registration of the conclusion of marriage.

2. A marriage contract is concluded in writing and is subject to notarization.

Article 42. Content of a marriage contract

1. By a marriage contract, the spouses have the right to change the regime established by law joint ownership(Article 34 of this Code), to establish a regime of joint, shared or separate ownership of all the property of the spouses, of its separate types or of the property of each of the spouses.

A marriage contract can be concluded both in relation to the existing and in relation to the future property of the spouses.

Spouses have the right to determine in the marriage contract their rights and obligations for mutual maintenance, ways of participating in each other's income, the procedure for each of them to bear family expenses; determine the property that will be transferred to each of the spouses in the event of divorce, as well as include in the marriage contract any other provisions relating to the property relations of the spouses.

2. The rights and obligations provided for by a marriage contract may be limited to certain periods or be made dependent on the occurrence or non-occurrence of certain conditions.

3. A marriage contract cannot restrict the legal capacity or legal capacity of the spouses, their right to apply to the court for the protection of their rights; regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children; provide for provisions restricting the right of a disabled needy spouse to receive maintenance; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law.

The institution of the contractual regime of property of spouses (Articles 40-44 of the UK) is a novelty in family law. It gives the spouses the right to independently determine the content of their property relations (rights and obligations) in the marriage contract. The possibility of concluding a marriage contract for the first time in Russian legislation was provided for in paragraph 1 of Art. 256 of the Civil Code (effective from January 1, 1995), where it was stated that "the property acquired by the spouses during marriage is their joint property, unless a different regime for this property is established by an agreement between them."

The norms of the Civil Code of a general nature on the marriage contract of spouses were further developed in the UK. In ch. 8 "Contractual regime of property of the spouses" of the SC regulates in sufficient detail the relations related to the conclusion, execution, amendment, termination, as well as the recognition of the marriage contract as invalid.

The marriage contract has a complex legal nature. It is one of the varieties of civil law contracts aimed at establishing or changing the legal regime of property (Article 420 of the Civil Code defines a contract as an agreement between two or more persons to establish, change or terminate civil rights and obligations). Therefore, the marriage contract must meet the requirements that the Civil Code imposes on civil law contracts (the legal capacity of the parties, their free will, the legality of the content of the contract, compliance with the established form). In addition, the change and termination of the marriage contract are made on the grounds and in the manner prescribed by the Civil Code for changing and terminating the contract.

The subjects of the marriage contract, as follows from Art. 40 of the UK, there can be both persons entering into marriage (that is, citizens who are not yet spouses, but intending to become them), and persons who have already entered into a legal marriage - spouses. The ability to conclude a marriage contract is related to the ability to enter into marriage. Therefore, a marriage contract can be concluded between capable citizens who have reached the age of marriage (that is, eighteen years). If a person has not reached the age of marriage, but has received permission from the local government to enter into marriage, then he can conclude a marriage contract before the registration of marriage with the written consent of the parents or guardians (Article 26 of the Civil Code).

After marriage, the minor spouse acquires civil capacity in full (Article 21 of the Civil Code), which means that he has the right to conclude a marriage contract on his own.

Emancipated minors have the right to independently conclude a marriage contract upon entering into marriage in the prescribed manner, since from the moment of emancipation they become fully capable (Article 27 of the Civil Code).

A citizen limited by the court in capacity (Article 30 of the UK) may be the subject of a marriage contract, but with the consent of his guardian. We believe that the marriage contract refers to transactions strictly personal (this is confirmed by the comparison of the content of Articles 40 and 99 of the UK), therefore, it cannot be concluded either by the legal representative of the person entering into marriage, or the spouse, or by proxy of the representative (authorized person).

A marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage(Art. 41 UK). However, a marriage contract concluded before the state registration of the conclusion of marriage shall enter into force from the moment of the state registration of the conclusion of marriage. At the same time, the law does not provide for time limits related to the establishment of any deadline from the moment of concluding a marriage contract to the moment of state registration of marriage. Thus, a marriage contract can enter into force through any (including a fairly long) period of time after its conclusion.

The marriage contract is in writing by drawing up one document signed by the parties, and is subject to obligatory notarization(Clause 2, Article 41 of the UK). The marriage contract is certified by the inscription of a notary in a public or private notary's office. At the same time, the notary must not only check the compliance with the law of the marriage contract, but also explain to the parties its meaning and significance. The text of the contract must be written clearly and clearly, without erasures, additions and unspecified corrections.

Moreover, the surnames, names and patronymics of the parties in the marriage contract, in order to avoid possible misunderstandings, must be indicated in full (Articles 1, 35, 44, 45, 53, 54 of the Fundamentals of Legislation on Notaries). Strict compliance with these requirements of the law is very important both for the parties to the marriage contract and for third parties. The action of the marriage contract, as a rule, is designed for a long period of time, which requires clarity and clarity in determining the property rights and obligations of the spouses, which are provided by the notarial form of the marriage contract. Failure to comply with the notarial form of the marriage contract entails its invalidity (paragraph 1 of article 165 of the Civil Code). Such an agreement is void and does not entail legal consequences, with the exception of those related to its invalidity (Article 167 of the Civil Code).

A state fee is charged for the notarial act of certifying a marriage contract as for certifying contracts, the subject matter of which is subject to evaluation. Its size is 1.5% of the contract amount, but not less than 50% of the minimum wage (subclause 3, clause 4, article 4 of the State Duty Law). If the subject of the marriage contract is the future property of the spouses, which is not subject to assessment at the time of the conclusion of the contract, then the amount of the state duty in such cases will be equal to twice the minimum wage (subclause 5, clause 4, article 4 of the Law on State Duty).

Marriage agreements concluded by spouses in accordance with paragraph 1 of Art. 256 of the Civil Code from January 1, 1995 to March 1, 1996, have legal force even without notarization, since the Civil Code did not provide for a mandatory notarial form for marriage contracts. Consequently, the marriage contract concluded by the spouses during this period of time in a simple written form is valid, unless its content contradicts the requirements of the UK. In this regard, paragraph 5 of Art. 169 of the UK specifically stipulates that the established Ch. 8 of the UK (Articles 40-44), the conditions and procedure for concluding marriage contracts apply to marriage contracts concluded after March 1, 1996, that is, after the UK enters into force. Marriage contracts concluded before March 1, 1996 are valid only to the extent that they do not contradict the provisions of the UK.

A marriage contract can be concluded for a fixed period (fixed-term contract) or without specifying a period (contract with an indefinite period of validity).

The subject of the marriage contract property relations between spouses, any other family relations cannot be regulated by a marriage contract. With the help of a marriage contract, spouses can exercise their right to change, at their own discretion, the statutory regime of joint property of spouses (clause 1, article 42 of the UK).

The rights and obligations of the spouses provided for by the marriage contract may also be depending on the occurrence or non-occurrence of certain conditions(clause 2, article 42 of the UK), i.e., a suspensive or resolutive condition may be included in the marriage contract. The requirements for the conditions (suspensive or revocable) in the marriage contract are the same as those imposed by Art. 157 of the Civil Code to the conditions in conditional transactions. The conditions in the marriage contract are certain circumstances regarding which it is not known whether they will come in the future or not, they can be of a diverse nature (events, actions), but in any case must be legal and feasible. The presence of a condition in a marriage contract can be considered as an additional guarantee that the interests of the spouses (or one of them) will be observed in various life situations they anticipate (forecast).

A marriage contract is a kind of bilateral transaction. Therefore, he must obey general rules the validity of the transaction (Article 153-181 of the Civil Code). The will of each of the spouses (future spouses) regarding the conclusion of a marriage contract and its conditions must be formed freely, independently, without coercion. Otherwise, a marriage contract concluded under the influence of violence, threat, deceit, or a combination of difficult circumstances may be declared invalid by the court at the claim of the injured party (Article 44 of the UK).

A marriage contract is an agreement between persons entering into a marriage, or an agreement between spouses that determines the property rights and obligations of spouses in marriage and (or) upon its dissolution (Article 40 of the RF IC). The legislation does not contain an exhaustive list of conditions that must be included in a marriage contract. The parties determine them at their own discretion.

The main conditions of the marriage contract include the following conditions.

1. Ownership mode

With regard to property acquired by spouses during marriage, a joint ownership regime has been established (Article 34 of the RF IC). The common property of the spouses includes:

• income of each spouse labor activity, entrepreneurial activity and the results of intellectual activity, pensions, benefits received by them, as well as other cash payments that do not have a special purpose (amounts of material assistance, amounts paid in compensation for damage in connection with disability due to injury or other damage to health, etc. .);
• movable and immovable things acquired at the expense of the joint income of the spouses, securities, shares, deposits, shares in the capital, contributed to credit institutions or other commercial organizations;
• any other property acquired by the spouses during the marriage, regardless of the name of which of the spouses it was acquired or in the name of which or which of the spouses contributed funds.

By a marriage contract, the ownership regime can be changed in relation to (Article 42 of the RF IC):

• all property of the spouses;
• certain types of property;
• property of each spouse.

A prenuptial agreement can establish:

• joint ownership regime (for example, specify that only a car will be considered joint property);
• shared ownership regime (indicate that the spouse will own, for example, only 1/3 of the purchased apartment);
• separate property regime (for example, when property acquired by spouses during marriage will be the property of the spouse who acquired or registered it).

It is also possible to determine the property that will be transferred to each of the spouses in the event of a divorce (paragraph 3, clause 1, article 42 of the RF IC).

Note. A marriage contract can be concluded both in relation to the existing and in relation to the future property of the spouses ( paragraph 1 of Art. 42 RF IC).

2. Disposition of the common property of the spouses

With regard to common property, the spouses have the right to provide in the contract for the types of property, the disposal of which is possible by one spouse only with the prior consent of the other, for example: Jewelry one of the spouses has the right to acquire, sell, pledge only with the prior written consent of the other spouse.

3. Rights and obligations of spouses for mutual maintenance

The marriage contract can provide for the rights and obligations of the spouses for mutual maintenance both during the period of marriage and after its dissolution (Article 42 of the RF IC). For example: “The husband is obliged to provide his wife with monthly maintenance in the amount of 50,000 rubles. per month until the children reach the age of 18.

4. Procedure for paying family expenses

There is no exhaustive list of family expenses. In practice, these include, for example, payment for housing and communal services, telephone, Internet services, food, clothing, medicines, travel vouchers.

The prenuptial agreement can provide for the degree of participation of each of the spouses in family expenses, for example:

• in equal parts;
• partially;
• payment of certain types of expenses (for example, the husband pays for the maintenance of the car, and the wife pays for vacation and travel expenses).

5. Term of the contract

A marriage contract can be concluded for a fixed period or indefinitely (Article 42 of the RF IC).

It is possible to specify in the marriage contract that the validity of the contract is terminated from the moment of termination of the marriage, except for the obligations provided for the period after the termination of the marriage (for example, maintenance obligations for the maintenance of one of the spouses).

6. Notification of creditors about the conclusion, amendment or termination of the marriage contract

If some, including a significant part, of the common property of the spouses under the terms of the marriage contract becomes the property of the spouse who is not a debtor under the contract (for example, a mortgage agreement), the debtor spouse is obliged to notify his creditor of the conclusion, change or the termination of a marriage contract.

If this obligation is not fulfilled, the spouse is liable for his obligations, regardless of the content of the marriage contract (clause 1, article 46 of the RF IC).

Marriage contract. Conclusion of a marriage contract and its conditions. Change and termination of the marriage contract. Invalidity of the marriage contract.

Conditions for concluding a marriage contract

Marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage (Article 41, paragraph 1 of the RF IC). Depending on who - the persons who are going to marry, or spouses - concludes a marriage contract, the moment of entry into force of this contract is determined.

In case when conclusion of a marriage contract precedes the registration of marriage, the contract comes into force only from the moment of registration of marriage. Until the marriage is registered, the marriage contract will not enter into force (clause 1 of article 41 of the RF IC). In the case when the marriage contract is concluded after the registration of marriage - at any time during the marriage - it comes into force from the moment of its conclusion (clause 1 of article 425 of the Civil Code of the Russian Federation).

It should be noted that the conclusion of a marriage contract is not a condition necessary for registering a marriage, and the issue of concluding a marriage contract or refusing to conclude it is decided by the spouses or persons entering into marriage freely and independently, since this is their right, not an obligation. At the same time, it is mandatory to comply with the requirement that the marriage contract must express the general will of the persons, both entering into marriage and those who are already spouses, that is, their unified will

Marriage contract may be placed under suspensive or under resolutive condition.

A marriage contract is considered to be completed under a suspensive condition if the parties have made the emergence of rights and obligations dependent on a circumstance regarding which it is not known whether it will occur or not (clause 1, article 157 of the Civil Code of the Russian Federation). For example, in the marriage contract, the spouses indicated that if their first-born son was born during the first two years of marriage, the ownership of the car acquired during the marriage would pass to the wife.

A marriage contract is considered concluded under a resolutive condition if the parties have made the termination of rights and obligations dependent on a circumstance regarding which it is not known whether it will occur or not (clause 2 of article 157 of the Civil Code of the Russian Federation). For example, in the marriage contract, the spouses determined that if the motive for dissolution of the marriage is the unworthy behavior of one of them (adultery, drunkenness, etc.), then the division of property acquired during the marriage will be carried out on the basis of the share mode, and not joint property, and the share of the guilty spouse will be less than that of the other.

The question of the scope of the marriage contract, how many and what kind of conditions it will contain and which of the property rights and obligations provided for by law will be settled by it, is decided at the discretion of the spouses themselves or the persons entering into marriage. For example, spouses can conclude a prenuptial agreement that consists of just one clause: establishing the regime of shared ownership for all property acquired in marriage, with the determination of the share of each of them.

Change and termination of the marriage contract

Changing the marriage contract and its termination is possible either by agreement of the parties, or by a court decision.

The court may change or terminate the marriage agreement in the following cases:

1. if a party has committed a material breach of its terms.
Violation of the contract by one of the parties is recognized as essential, which entails such damage for the other party that it is largely deprived of what it was entitled to count on when concluding the contract.

2. if there has been a significant change in the circumstances under which they entered into the contract.
At the same time, a change in circumstances is recognized as significant when they have changed so much that, if the parties could reasonably foresee this, the contract would not have been concluded by them at all or would have been concluded on significantly different terms.

3. if the marriage contract itself contains indications of the circumstances under which it can be changed or terminated and these circumstances have occurred.

How to declare a marriage contract invalid?

In order to recognize a marriage contract as invalid in a judicial proceeding, it is necessary to file an appropriate .

The court may invalidate the marriage agreement in the following cases:

The terms of the contract put one of the parties in an unfavorable position;
- the marriage itself is declared invalid;
- there are grounds provided for in Articles 165-181 of the Civil Code of the Russian Federation.

If the first two cases are clear, then, as regards the norms of the Civil Code, they should be considered in more detail.
The recognition of a marriage contract as invalid is subject to special provisions that regulate the validity and invalidity of transactions.

1. So a marriage contract, the content of which is contrary to the law (civil or family law), can be considered invalid.

2. Also, the contract is considered invalid if it was concluded for a purpose that is contrary to the foundations of morality and law and order, is a feigned or imaginary transaction. The main thing is to find relevant evidence confirming these circumstances, and it can be declared null and void by the court.
Thus, a marriage agreement can be qualified as a sham transaction if it is concluded without the purpose of generating legal consequences, that is, only to create the appearance of a transaction, to prevent foreclosure on property, for example.
Prenuptial agreements are often qualified as a sham deal if they are concluded to cover up other deals. For example, spouses put a contract of sale in the form of a marriage contract in order to avoid paying tax.

3. An invalid marriage contract is such if, as a result of consideration in court of the claim of the spouse whose legal rights and interests were violated by the conclusion of the contract, it is established that the spouse, as a result of a painful (nervous) state, alcohol intoxication, in other cases, did not understand the meaning his actions or could not control them.

4. If the spouse was incompetent at the time of the conclusion of the contract. If, after the conclusion of the marriage contract, the incapacity of the spouse is established by a court decision, then the guardian may represent his interests in court in a claim for the recognition of the marriage contract as invalid.

5. In addition, the misconception of one of the spouses regarding the essence of the transaction, which is essential for the signing of such an agreement, may serve as a basis for invalidating a marriage contract. For example, this is a wrong opinion formed by one side under the influence of the other.party to the transaction, as a result of which the person decided to conclude a marriage contract, which led to a violation of his rights and interests.

6. A marriage contract becomes invalid if it was concluded under the influence of a threat, deceit, violence, or a combination of grave circumstances. By the way, it is not at all necessary that the second party took part in this - if similar actions come from a third party acting in the interests of the latter party, then in this case the court may also invalidate the marriage contract.

Are you faced with the need to protect your interests in a dispute over a prenuptial agreement? Contact the lawyers of our Legal Center, and we will help you resolve this issue. Our specialists will conduct an oral or written consultation, help , collect evidence, and, if necessary, represent your interests in court.

Remember that together we can restore justice! to to our lawyers right now!

Prenuptial agreement, why do we need a prenuptial agreement?

Marriage contract - an agreement of persons entering into marriage, or an agreement of spouses that determines the property rights and obligations of spouses in marriage and (or) in the event of its dissolution.

One of the features of the marriage contract is its complex nature. It regulates two types of relations, namely: 1) the rights and obligations of spouses regarding property and 2) the rights and obligations for the mutual maintenance of each other. However, being a kind of civil law contract, the marriage contract at the same time has a very significant specificity - it differs from other civil law contracts: 1) by a special subject composition, 2) by subject and 3) by content.

A marriage contract can be concluded not only in relation to property in kind, but also in relation to property that will be acquired in the future. It can be concluded before marriage registration and at any time during the marriage. Thus, not all, but only part of the property rights and obligations of the spouses can be determined by the marriage contract.

The article provides information about the conclusion of the marriage contract of the spouses concerning their property, as well as the essence and sample of the marriage contract. Considered important point as the right to a marriage contract. An example of a marriage contract is given.

General information for concluding a marriage contract of spouses

A marriage contract is an agreement between persons entering into marriage or spouses. This document defines their rights and obligations in relation to property in the event that the marriage is dissolved.

The most common conclusion of a marriage contract is still in foreign countries. But at the same time, every year, future Russian newlyweds more and more often conclude this contract.

It is worth noting that such a concept as the conclusion of a marriage contract does not imply the registration of marriage in the shortest possible time. No legislative acts regulate the time after which, after the conclusion of the marriage contract, it is mandatory to submit an application for marriage.

In other words, drawing up a marriage contract may be relevant not only for persons entering into marriage in the near future, but also for citizens who only plan to register their relationship in an indefinite period.

If the marriage contract is concluded between the spouses after the marriage has been registered (it does not matter how long ago the marriage was registered), then it will enter into force from the moment of conclusion.

A prerequisite for the entry into force of a marriage contract is the state registration of marriage between the persons who entered into it. That is, for citizens living together, but not registering their relationship with the registry office, this agreement will not apply. This fact is explained by the fact that cohabitation (the so-called " civil marriage”), despite the conduct of a joint economy, is not a reason for the emergence of new rights and obligations regulated by family code Russian Federation.

That is why, if the parties do not plan to conclude an official marriage at any time, then drawing up a marriage contract does not make sense. This can be described as a waste of time and money.

According to the Family Code of the Russian Federation, a marriage contract must be concluded exclusively in writing and certified by a notary.
The notary is obliged to explain the semantic meaning of the contract and the legal consequences of its conclusion. This is necessary so that, as a result of an illiterate and irrationally drawn up contract, the persons concluding it do not remain at an unintentional loss.

Rules and conditions for concluding a marriage contract

Mandatory conditions for drawing up a marriage contract:

1) The text of the document must be clearly and clearly written.

2) All terms and dates that relate to the content of the document must be indicated verbally at least once.

3) Surnames, first names and patronymics, as well as the address and place of residence of citizens must be indicated without abbreviations.

4) The contract is sealed by the signatures of the citizens who have concluded it.

All these terms and conditions are intended to exclude the possibility of different interpretations of the contents of this document.

Sometimes there may be reasons as a result of which one of the parties cannot personally sign the marriage contract. These include:

• Illiteracy.
• Disease.
• Other physical disabilities, as well as other good reasons.

In such a case, at the request of that party, the contract may be signed by another person. However, the signature of this authorized person must be notarized without fail. Moreover, it is also obligatory to indicate the reasons and conditions as a result of which the contract was signed by the originator not with his own hand.

All citizens have the right to certify the marriage contract before a notary. It does not matter whether he is in private practice or works in the public notary system.

A notary certificate is an authenticating inscription placed on the contract.

A marriage contract in Russia is a kind of bilateral transaction.

Failure to comply with the notarial form of the marriage contract entails the recognition of the marriage contract as invalid.

And an invalid prenuptial agreement is just a useless document that has no legal force.

Article 40 family code In Russia, a marriage contract can be concluded by both citizens who only want to marry, and legal spouses.

Persons who are legally capable of entering into marriage have the right to conclude a marriage contract. That is why it is permissible to conclude a marriage contract between persons who have not reached the age of marriage, namely 18 years.

In this case, if the marriageable age has not yet been reached, but the permission of the relevant authority to enter into marriage has been received, then with the written consent of the parents (trustees), this person has the right to sign a marriage contract. This rule applies to the conclusion of a marriage contract before the registration of marriage in the registry office.

And since, according to the marriage, the minor spouse acquires civil capacity in full size, then he will be able to conclude a marriage contract of the spouses on his own without the written and oral permission of the parents or trustees.

According to the case, if the marriage contract was concluded under the influence of threats, violence or deceit, or as a result of a combination of extremely difficult circumstances, which the second party took advantage of, thus finding a benefit for itself to the detriment of the second party, then in this case the rule of the invalidity of the transaction and it will be recognized as bondage. And as a result of this decision, the marriage contract will be declared invalid.

A prenuptial agreement may be valid throughout the duration of the marriage,

The marriage contract may provide for conditions, depending on the occurrence or non-occurrence of which, any new rights and obligations will arise. Such conditions, for example, include the birth of a child.
A marriage contract can be concluded for a fixed period or be indefinite.

Conditions that cannot be included in a prenuptial agreement:

1) A marriage contract cannot restrict the legal capacity and legal capacity of the spouses. For example, even if the contract specifies the amount that the husband will give to his wife for maintenance, he does not have the right to require her to engage exclusively in maintaining household without the possibility of going to work, since these actions would be contrary to the current legislation of the Russian Federation, in particular Article 1 of the Family Code of the Russian Federation.

2) The marriage contract should not deprive the right to apply to the court for protection. For example, the condition of the contract, according to which one of the parties refuses to apply to the court for the protection of property rights, is contrary to the law. And therefore, this fact will not be an obstacle for the injured party to go to court.

3) A marriage contract may not concern the personal rights and obligations of the spouses in relation to their children.

4) A marriage contract cannot become a regulator of personal non-property relations between the parties. This is due to the fact that the forced use of these conditions is practically not possible.

The terms of the marriage contract that violate at least one of all the above requirements will be declared invalid (void).

The law also establishes other requirements, the observance of which is mandatory when concluding a marriage contract.

For example, contributions made by spouses from property acquired during the marriage in the name of their common minor children will be considered to belong to these children. Therefore, they will not be taken into account when dividing the common property of the spouses and cannot be the subject of a marriage contract.

Since during the life of the parents the child does not have the right of ownership to their property, and the parents do not have the right to the property of the child, when drawing up a marriage contract, the property of the children should be delimited from the property of the spouses.

In the marriage contract, the spouses have the right:

1. Establish methods of participation in the income of each of the parties.
2. Establish a regime of shared, separate and joint ownership of all common property, part of it, or the property of each of the spouses.
3. Determine the shares of each spouse in their property.
4. Determine the property that will be given to each of the spouses upon dissolution of the marriage.
5. To establish the procedure for incurring family expenses in relation to each spouse, as well as any other provisions that relate to the property interests of the parties, do not infringe on the rights of each other and do not contradict the law.

Invalidity of the marriage contract

According to paragraph 1 of Article 44 of the Family Code of the Russian Federation, a marriage contract may be declared invalid on the grounds that are provided for by civil law in relation to invalid transactions. A marriage contract may be declared invalid in whole or in part.

According to civil law, a transaction is recognized as valid if the following conditions are met:

• The content of the transaction is legal.
• The participants in the transaction are legally capable in relation to the completion of this transaction.
• The will of the participants corresponds to their actual will.
• In the cases provided for by law, the established form of the transaction is observed.

All of the above conditions for the validity of transactions are applicable to the marriage contract. And if at least one of these conditions is not met, then the transaction will be declared illegal.

A marriage contract may be declared invalid by a court decision (voidable transaction) or regardless of a court decision (void transaction).
But still, in the event of disputes between the parties regarding the nullity of the marriage contract, the interested party will need to apply to the court.

Grounds that allow you to challenge the invalidity of the marriage contract:

1) The marriage contract was concluded with a person who does not realize the significance of his own actions or cannot manage them. Even if this person is recognized as capable. For example, one of the spouses at the time of signing the contract was sick, was in a state of intoxication, or experienced a nervous shock.

2) The marriage contract was concluded under the influence of a fundamental error. For example, one of the parties remained in the dark about certain circumstances that are of significant importance to it.

3) The marriage contract was concluded under the influence of threats, deceit, violence, or as a result of a combination of difficult circumstances on extremely unfavorable conditions. And it does not matter from whom exactly the threats, deceit or violence came from. It can be both the second party and third parties acting in the interests of this party.

Fraud in this case will be deliberate misrepresentation in order to conclude a marriage contract. It can be any active actions or inaction. In the first case, there is a message of false information, and in the second case, silence about the facts that may affect the procedure for concluding a marriage contract.

Violence will be recognized as causing harm to the participant in the transaction, or to people close to him. It can be both physical and moral suffering, the purpose of which is to force a person to conclude a marriage contract.

A threat is recognized as an unlawful mental influence on the will of a citizen through statements about causing moral or physical harm to him or his relatives if he refuses to sign a marriage contract.

4) The marriage contract was concluded with a person (without the consent of his guardian), who is limited in capacity by a court decision due to the abuse of drugs or alcohol.

In this case, the marriage contract may be declared invalid by a court decision as a result of the suit of the trustee.

According to paragraph 2 of Art. 44 of the Family Code provides for a special basis for recognizing a marriage contract in whole or in part invalid at the claim of one of the spouses if the terms of the contract put this spouse in an extremely unfavorable position (including property).