How to draw up a prenuptial agreement correctly - the essence of the prenuptial agreement, sections and terms. How best to draw up a marriage contract: a step-by-step algorithm and a standard sample What is a marriage contract

Until 1994, little thought was given to economic obligations in Russia in the event of a divorce. In the Soviet Union, people got married early, they rarely became fantastically rich, and they received apartments from the state and for the whole family. Market relations changed everything, and in 1994 the mention of a marriage contract for the first time in modern history appeared in the Civil Code of the Russian Federation. In 1996, a separate chapter was dedicated to him in the Family Code.

A marriage contract is a voluntary agreement between spouses or those who intend to become spouses. The document prescribes property rights and obligations in marriage and after a divorce.

Why Everyone Needs a Prenuptial Agreement

According to a survey conducted by the Higher School of Economics in 2015 and 2016, 86% 82% of Russians marry for love respondents believe that a marriage contract is not needed. There are several reasons. Some do not want to interfere with feelings and commercialism. Others believe that they still have nothing to share. Even if spouses enter into a life together with one toothbrush and a lot of love, it is better to foresee the potential risks in advance.

Certainly, from the outside, the proposal to conclude a prenuptial agreement may seem mercantile and unethical. However, often the marriage contract is a deterrent and prevents spouses from acting thoughtlessly, and sometimes even stupidly.
Victoria Aptekina, Leading Associate at the European Legal Service

To avoid manipulation and revenge

Why the marriage contract is not a panacea

The legislation on the marriage contract contains several nuances. The document does not regulate the non-property relations of spouses, cannot determine the rights and obligations in relation to children. And, most importantly, if one of the spouses considers himself infringed, he can challenge the marriage contract. And this often happens during a divorce. In this case, the showdown between yesterday's husband and wife will move to court, where it will turn into a battle of lawyers.

For example, in 2013 in Nizhny Novgorod, the court invalidated the contract between the spouses. Under the terms of the contract, the partners received property that was registered to them. After the divorce, his wife got a house and a flower business, since all this was written down on her. The husband said he signed the papers while drunk. This fact was confirmed by witnesses. As a result, the property was divided strictly in half.

Therefore, the marriage contract does not give one hundred percent protection.

How is property divided if there is no marriage contract

If the spouses managed to save face and a sense of justice during the divorce, it is possible to divide property according to the principle “this is yours, and this is mine” without a marriage contract. When it comes to court, all family wealth is distributed strictly in half. There are exceptions when property is not subject to division. What was personal and indivisible remains:

acquired before marriage;
bought after divorce;
received as a gift (if relevant documents or witnesses are available);
inherited by one of the spouses;
necessary for professional activities (a car for a taxi driver, a musical instrument for a performer).

Personal items and children's property are also protected from encroachment. The latter category includes not only coloring books and soft toys, but also accounts opened in the name of the child.

The rest will be divided in equal shares. The court will have questions about cars suddenly sold shortly before the divorce, withdrawn from the deposit money. The one who imprudently disposed of the common property may be required to compensate the spouse for half of the real value of the car or the funds spent. Therefore, if something was acquired by the overwork of only one of the spouses, it is better to take this into account in the marriage contract.

A marriage contract in Russia is a relatively new concept. Although there have been provisions on it in the legislation for a long time, the practical implementation of legal norms still remains at the primary level. This document has not yet become popular and in demand.

Both supporters and opponents of the marriage contract find arguments for and against. After all, like any other concept or phenomenon, a marriage contract has pros and cons. And those spouses who are thinking about the advisability of concluding it should familiarize themselves with the positive and negative sides in order to make an informed decision.

Advantages of a prenuptial agreement

A marriage contract can be concluded even before marriage, as well as at any time in family life.

Moreover, at any time - even the next day after the wedding, even the day before filing for divorce.

By the way, about divorce. Unlike the Agreement on the division of property, which is concluded in the process of dissolution of marriage with inevitable stresses, conflicts and disputes, the marriage contract is concluded in advance, calmly, without the nervous tension associated with divorce. And close and trusting relationships, which, as a rule, accompany the creation of a family and a prosperous family life, allow you to take into account the interests and rights of both spouses, without self-interest and money-grubbing.

A prenuptial agreement allows you to determine who owns what property - before marriage, during marriage, after divorce.

It is equally important to determine the fate of property acquired by spouses in marriage. Spouses can divide the property “in kind” (for example, specify that the car belongs to the husband, and all household appliances to the wife) or determine shared ownership indicating the size of the shares of the spouses (for example, the husband owns 2/3, the wife only 1/3) . And you can save the legal regime - common joint property.

With the help of a marriage contract, it is possible to stipulate who will own the property presented or received as a gift.

Gifts cause a lot of controversy and disagreement. At the wedding, the "young" are given apartments and washing machines, the husband gives his wife jewelry, and the wife gives her husband expensive electronic "toys". A marriage contract will help determine the fate of gifts.

Thanks to the marriage contract, in the event of a divorce, the spouses will not have disputes over the division of property

Anyone who has witnessed the divorce of friends or relatives, or, even worse, experienced a divorce himself, knows that the division of property is a lot of trouble. And the more was acquired over the years of family life, the more fierce the struggle is between the ex-husband and wife. Unable to agree on their own, they are forced to go to court, followed by a long and unpleasant process of judicial division. All of this can be avoided with a marriage contract.

For example, before marriage, a man owned a trading company. During family life, it was possible to invest in business development from the family budget. When the marriage broke up, the ex-wife demanded half the cost of the business. A lot of time and effort was spent on the partition litigation, on expert assessments, document analysis, calculation of expenses and incomes over the past years.

If a marriage contract had been concluded between the spouses, the issue of property ownership would not have caused controversy. The document would clearly state what part of the husband's property the wife can claim in the event of a divorce.

With the help of a prenuptial agreement, it is possible to streamline the financial and property affairs of a married couple: assess income, distribute responsibilities for incurring expenses, plan large purchases, and divide acquired property.

A marriage contract is not a formal document. A prenuptial agreement can provide for absolutely any provisions that correspond to the real state of the property and financial affairs of a married couple.

A prenuptial agreement allows you to resolve the issue of debts and loans

Just like property, debts are subject to division between spouses. A marriage contract may provide for which of the spouses is responsible for debt obligations, who and how should fulfill them.

In the marriage contract, it is possible to distribute the income and expenses of the spouses

Which of the spouses is responsible for supporting the family, and who can afford to spend the income as they see fit? What part of the salary goes to the “common pot”, and what part remains for “pocket expenses”. A prenuptial agreement helps organize and plan family income. And, of course, share the costs. As detailed as needed, right down to who buys groceries and who pays utilities.

The marriage contract will “take care” of the maintenance of the needy and disabled spouse after the divorce

The law clearly stipulates in which case the spouse has the right to maintenance from the second spouse. A marriage contract can significantly increase the number of grounds for receiving financial assistance, as well as specify the amount, terms for receiving assistance and other conditions.

Thanks to the legally correct and complete preparation of the document, verification of the legal capacity of the spouses and notarization of the marriage contract, you can count on the transparency of the process of concluding an agreement and the reliability of regulating relations between spouses.

Cons of a prenuptial agreement

A marriage contract has many positive characteristics. But there are still some negative ones. The analysis of this document would not be so objective and comprehensive if only the pluses were told and the minuses were silent.

"Indecent"

For most of our compatriots, a marriage contract borrowed from the “decaying West” is considered something selfish, mercantile, greedy and malicious. In the understanding of many people, discussing the material side of family life is considered simply indecent. Although, frankly speaking, the marriage contract testifies to the openness, honesty of the relationship between the spouses, and not to false "decency".

The cost of notary services

The conclusion of a marriage contract requires notarization, amendments or termination of this document also. Repeated visits to the notary require a lot of money and enough time.

Legislative changes

If significant changes are made to family or civil law, the marriage contract will also have to be changed in accordance with the new legal norms. Otherwise, it will simply be invalid. Judicial practice knows cases when, “behind the antiquity of years,” a marriage contract has lost its relevance, and therefore, its legality. And the spouses had to divide the property under the terms of the new legislation.

The complexity of the legal regulation of multifaceted family relations

Even with a strong desire, it is impossible to provide absolutely everything in a marriage contract. It may be necessary to supplement and amend the contract, which will entail additional costs for legal and notary services.

Controversy due to ambiguous wording

If the text of the contract contains ambiguous wording and ambiguities, this will lead to conflicts, disputes and litigation. In the worst case, the prenuptial agreement may be invalidated.

Drawing up a legally competent, complete, detailed text of the contract requires highly qualified specialists, a lot of time and, of course, is more expensive.

Only property relations

It may seem appropriate for spouses to include in the marriage contract not only property, but also other important aspects of family life. For example, the procedure for maintaining children during a divorce, the procedure for dividing property in the event of the death of one of the spouses. The law forbids it.

It is also forbidden to stipulate in the marriage contract personal aspects of the relationship between husband and wife (for example, who takes out the trash, how often you need to give flowers and perform marital duties).

A marriage contract in which such provisions are found is declared invalid - in whole or in part.

Setting up for divorce

From a psychological point of view, the prenuptial agreement orients the spouses towards a probable divorce, thereby destroying the trust and devotion between husband and wife. One gets the impression that each of the spouses is trying to “lay straws” and protect themselves in case of failure in family life.

But, on the other hand, it is not very reasonable to expect that love lasts forever and the probability of divorce is zero. It is much more expedient to make sure that the divorce does not bring, in addition to disappointment, material losses.

Manipulation, coercion, deceit

There is no guarantee that the process of concluding a prenuptial agreement is absolutely transparent. Even if outwardly spouses sign documents voluntarily, there is always the possibility of pressure from one of the spouses or members of his family. This is especially true of the so-called "unequal marriages", which are concluded between spouses with different financial status.

Entry into force

If the marriage contract is concluded long before the start of family life, it will enter into force only on the day of registration of the marriage.

Summing up

Based on the above, a conclusion can be drawn.

Marriage contract- This is an effective tool for regulating the material relations of spouses. Therefore, it will be useful for those spouses for whom detailed, clear and complete regulation will help protect and increase their property and financial assets. Spouses, for whom the costs of legal support and notarial registration are much less significant, compared to possible material losses due to family troubles. Such spouses are entrepreneurs or owners of valuable property.

However, spouses with an average level of income can use the positive aspects of the marriage contract and not worry about its negative aspects. Since many provisions of the marriage contract regulate such "mundane" and real aspects of married life as income and expenses, buying and selling property, debts, mutual maintenance.

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Today, few people can be surprised by a marriage contract. Many young couples draw up this document before the wedding in order to be safe and not lose their property during a divorce. Someone will say that the main reason for such an act is distrust, others will note prudence. But how are things in practice?

What is a marriage contract

It is important to understand what kind of document a marriage agreement is, and what benefits it gives spouses. A marriage contract is a voluntary agreement of the parties to certain conditions for the division of property during the divorce process. This document, certified by a notary, allows a couple to legally defend the right to property in court, and also helps to resolve differences between spouses. What is a marriage contract is clearly written in the legislation (Chapter 8, Articles 40-46 of the Family Code of the Russian Federation).

Marriage contract - pros and cons

Living together is a big responsibility, certain obligations. Many partners agree to formalize their relationship without signing a contract, but recently young people have been turning to specialists to legally establish property rights in case the family ship sinks. Before looking for the right document drafting template, weigh your decision. After all, there are pros and cons of a marriage contract.

The contract helps to correctly understand what each person will be left with after the divorce procedure, so that a clear material order arises in the relationship.
Spouses have the right to keep certain valuables acquired before marriage, whether it be a car, their own business, real estate or money.
Each of the spouses can determine certain aspects in which the property will pass to the second. As an example, if there is a common child, the apartment remains with the one with whom the minor lives.
If one of the parties to the contract has any debts (alimony, credit, etc.), you can add a clause on the sole payment of the encumbrance.

For many Russians, the very idea of defining, discussing the material component of civil or family relations is shameful. It looks like malicious intent, selfish motive and greed, although in fact the contract is a sign of the honesty of the spouses.
Young couples simply do not have the means to conclude such agreements, because this procedure is somewhat costly.
Wedding expenses tend to be left out, so it's harder to split them than income.
The procedure for filling out forms, forms, application rules, other bureaucratic nuances can require a lot of time and effort.
All terms of the contract should be concise, simple and clear. Otherwise, the contract may be declared invalid. Therefore, it is important that the document is compiled by a good lawyer who has living examples, and this is not cheap.

When can it be concluded

The idea to fill in the necessary papers and forms comes to mind before the marriage, but, in fact, the marriage contract can be concluded after the wedding. In the first case, the contract comes into force from the day of official registration, in the second - from the moment of certification by a notary. Each spouse is given a copy of the document, while the original remains with the legal representative.

Whether or not to enter into such an agreement, any couple must decide for themselves. Before you go for a consultation with a specialist, you should first discuss all the conditions with your soulmate and come to an agreement. This will help to avoid further disagreements and litigation, which entail a lot of financial costs and nerves.

How to draw up a marriage contract

Before you draw up a prenuptial agreement, weigh everything, think about whether it will be of real benefit. If you are determined to conclude such an agreement, go to a competent lawyer to clarify all the nuances and familiarize yourself with the document templates. It is better to entrust the preparation of a marriage contract to a specialist so as not to bite your elbows because of mistakes during a divorce.

Self-preparation of documents will consist of filling out forms, drafting a contract, an example of which can be found on the net. If you are legally well versed, you know the statistics well, then you can deal with the document personally, but do not forget to discuss important aspects with your significant other. You don't want to end up ending the relationship without the right to property.

Being married

To draw up a prenuptial agreement in marriage, you need to contact lawyers. It may include not only jointly acquired property, but also expenses. To draw up a document, you will need passports of both parties, a marriage certificate, documents confirming the ownership of the property, which must be taken into account in the contract. With all these papers, go to a reliable specialist. He will draw up a contract and explain to you all the nuances.

When one of the spouses has debt obligations (loan, mortgage, etc.), in the agreement, at the request of both parties, this item is taken into account, even if you are already married. It is important to correctly formulate the terms of debt repayment, a competent lawyer will help you with this. It is not uncommon for one of the spouses to pay the mortgage, but at the same time, real estate remains with him in the event of a divorce.

Marriage contract - sample

Have you decided to write papers yourself? Then you will need a sample marriage contract, which you can get from lawyers or find on the Internet. Remember that this document should establish not only your rights to property, but also the rights of a partner. Be sure to discuss all the wishes and questions so that in the future you do not have to resort to litigation and termination of the contract.

Termination

Changing and terminating a marriage contract is a frequent case in legal practice. It happens that the spouses, for whatever reason, decide to add or remove certain items from the contract. To do this, you will again have to contact your lawyer, who must have the original document. To terminate or modify the contract, a written statement from each party must be submitted.

There are several types of termination:

with the consent of the spouses;
By the tribunal's decision;
termination of the contract in the event of the death of one of the spouses.

Each case is considered individually and has its own nuances. So, with mutual consent, it is necessary to come to a meeting with a notary for both spouses and write applications for voluntary termination. If everything is done correctly, the procedure will take a minimum of time and effort. True, the financial side remains, because the services of a specialist cost a lot of money.

If the contract is terminated in court, it will be necessary to prove that it is invalid, or that one of the parties is placed in obviously unbearable conditions. This is usually a lengthy procedure that requires lawyers and time to gather evidence. It is worth noting that it is not always possible to recognize such an agreement as invalid.

When a contract is drawn up with a certain period of validity, it automatically becomes invalid after this time. There is no need for any special procedures, but in the event of the death of one of the spouses, you will have to prepare supporting documents in order to cancel the contract and relieve yourself of obligations. This will require a medical report and a death certificate.

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From the article you will learn: what is a prenuptial agreement, the pros and cons, the requirements for its preparation and the main purpose of this legal document for a married couple.

Few people know that the right of newlyweds to regulate property rights and obligations by drawing up a marriage agreement was enshrined in the Family Code and guaranteed by its articles more than 20 years ago. Russian newlyweds, as well as persons already married, began to use this right relatively recently, which cannot be said about citizens of Eastern European countries and Americans. For them, fixing the basic conditions for the use, possession and disposal of common joint property, both during the marriage and in the event of its dissolution, is no longer a novelty, therefore, the proposal to conclude a marriage contract does not cause any negative emotions or even more offense.

What is a marriage contract? What drafting conditions must be met in order for the document to be valid and legally binding? What exactly can be guaranteed by the agreement? You can find answers to these and other questions regarding the conditions for concluding a transaction of this kind in the material presented. The information contained in the article is up-to-date and fully complies with the requirements of the current legislation.

What is a prenuptial agreement, document requirements

In accordance with current family law, a marriage agreement is a civil law contract, the parties to which are newlyweds who plan to register their relationship with the registry office, or spouses who are already married.

The main purpose of the document is to regulate relations between the parties to the contract, and only those rights and obligations that relate to the property of future or current spouses are subject to regulation. Thus, the contract may provide for the right of the husband and wife to receive half of all property in the event of divorce, regardless of the presence of children and their age. In addition, the contract can fix a list of types of property that will not be subject to the common joint ownership regime, that is, such property that will not be subject to division even in a divorce.

For the agreement to be legally binding, it must comply with legal requirements. These include:

clauses of the contract should not contradict the norms of the law. Thus, the agreement cannot contain a clause that completely deprives minor children of the right to maintenance in the event of a divorce between their parents, who are also parties to the contract;
the mandatory details of the document are the signatures of the parties, the date of its compilation;
the marriage contract is drawn up only in writing;
the completed agreement is subject to notarization. Before signing the contract by the parties, the notary is obliged to explain to the newlyweds the consequences of concluding this transaction, if necessary, dwell on the details of individual clauses of the contract.

Note! If you do not plan to include special clauses in the contract that significantly distinguish it from similar contracts, you can write the text of the document yourself. Otherwise, it is better to seek help from a lawyer or negotiate the terms of this service with a notary who will certify the agreement.

It should be noted that the content of the marriage contract, if desired by the parties (one party), can be amended. If both spouses agree with the amendments to the text of the document, there are no legislative restrictions on the implementation of this action. In the event that the husband or wife is against changing the agreement, the issue is resolved in court.

The main purpose of the marriage contract, its content

As mentioned earlier, the main purpose of concluding a transaction, the consequence of which is the signing of a marriage contract, is to endow the spouses with property rights and establish their obligations.

It should be noted that in addition to property relations, the contract may regulate the relationship between parents and children. For example, according to the terms of the agreement, the spouse who initiates the divorce procedure may lose not only property rights to real estate or cars, but also the right to communicate with children. Before deciding to divorce, a potential violator will think a hundred times whether it is worth making such sacrifices or can you still try to save the family? In view of the foregoing, we can conclude that the marriage contract is designed not only to fix the main points of property relations between spouses, but also to strengthen family ties.

establishing the share of each party to the contract in the event of divorce. According to family law, in the event of a divorce, the common joint property is subject to division between the spouses in equal shares. In the contract, it is possible to change the size of the share of the husband and wife, moreover, the party that violated the terms of the agreement can be deprived of the property right to an apartment or a car purchased in marriage in general. With regard to private property, that is, property purchased by a husband or wife before marriage, the contract can stipulate the conditions for the use of such property. Some couples prescribe in the marriage contract the possibility of transferring private property into a common joint property. The period after which a change of regime is allowed is pre-negotiated by the newlyweds, and then prescribed in the contract. As a rule, this period is from 15 to 20 years. If, over time, the spouses wish to reduce this period, they can amend the content of the agreement. With the consent of the parties, this is quite possible;
obligations of husband and wife during marriage. So, in the contract, you can specify the obligation of the husband / wife to support the parents of the second spouse. At the same time, in the event of a dissolution of a marriage, one of its parties that allocated money for maintenance has the right to demand compensation for the funds spent at the expense of the common joint property. Residents of Eastern European countries are more advanced in this matter, they stipulate almost everything: the duties of cooking, caring for children. Do not go unnoticed and intimate relationships. As for the Russians, at this stage in the development of the sub-institution of marital relations, the main attention in drawing up a marriage contract is given to property rights, and not to solving issues of secondary importance;
grounds for termination of marriage. The most common reason for divorce, which is most often prescribed in a prenuptial agreement, is adultery;
providing funds for the maintenance of a wife or husband. The contract may contain a list of circumstances, the occurrence of which is the basis for the provision of maintenance funds. Thus, the obligation of a spouse to provide for their other half may arise as a result of her loss of ability to work, as well as in the event of a divorce. The amount and terms of payments are also negotiated by the parties to the contract and are fixed in its content;
terms of joint property management. For example, if the spouses are the owners of a large company, then the contract can specify their responsibilities for managing it. Along with this, as a rule, liability is established for failure to fulfill their duties.

Important! Prescriptions of the marriage contract cannot put the husband or wife in an extremely unfavorable financial position, as well as violate the rights of children to parental support and other types of assistance until the latter reaches the age of majority. If the terms of the agreement contradict the norms of the law, it can subsequently be challenged in court.

Advantages and disadvantages of a prenuptial agreement

Although at first glance, the prenuptial agreement does not evoke romantic, but partly mercantile feelings, it still has much more advantages than disadvantages. The biggest advantage of the agreement is that this particular document is sometimes a deterrent, forcing a husband or wife to change their mind and save the family. That is, in fact, the contract does not allow the spouses to act thoughtlessly, and sometimes even stupidly.

In addition, the marriage contract has a number of other advantages:

the property rights of the spouses in the event of divorce have already been determined, so there will be no additional “sharing”;
the ability to change the ownership regime (from private to joint), to make changes and amendments to the content of the document;
in the absence of a clause in the contract providing for the transfer of property from the category of private property to common property, real estate and vehicles acquired before marriage remain the property of their original owner.

As for the minuses of the agreement, it has no obvious shortcomings as such. Is it possible to lose everything in case of violation of the terms of the contract, but this is no longer a minus, but a reminder of the responsibility that may arise if one of the parties to the contract evades from fulfilling its obligations.

In view of the foregoing, we can conclude that the prenuptial agreement, so to speak, disciplines the spouses and brings more clarity to their family relations, and in some cases this is much better than irresponsibility and understatement, due to which many couples decide to dissolve the marriage. As a result, not only ex-spouses suffer, but also their children.

Natalya Kaptsova

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The Family Code of the Russian Federation, legislation and judicial precedents do not use the expression "marriage contract", but use the expression "marriage contract". But among the people, the expression "marriage contract" is common.

What is it, who benefits from it, and why compose it at all?

The essence of the marriage contract - how does family law define the marriage contract?

Marriage contract- this is an agreement on a voluntary basis of a married couple, drawn up in writing and certified by a notary. It is put into effect after the official marriage.

A clear concept and the very essence of the marriage contract are described in chapter 8 of the Family Code of the Russian Federation in articles 40 - 46.

The prenuptial agreement clearly states property rights of spouses. Moreover, it can be concluded, both after the registration of the marriage union, and before it. In contrast to the procedure for the dissolution of property between a married couple prescribed by law, thanks to a marriage contract, a married couple can establish their own joint property rights .

Simply put, in a prenuptial agreement, a married couple may predetermine all their current property and property that they plan to acquire in the future, or certain types of property, as well as property before marriage of each of the married couple, as joint, separate or shared property. The prenuptial agreement allows to touch upon issues of both already acquired property and the totality of things that the spouses are going to acquire in the future.

The marriage contract makes it possible to stipulate and formulate on paper such questions as:

Distribution of family expenses.
Mutual content: what rights and obligations each of the couple has.
Determine the property with which each of the couple will remain in the event of a break in the marriage union.
Variants of involvement of each of the married couple in the income-generating sphere of the family.
Include any of your proposals that affect the property side of the spouses.

Defined by the marriage contract obligations and rights must be limited to specified periods of time or conditions , the occurrence of which is indicated when drawing up a marriage contract.

In a marriage contract should not contain requirements that discriminate against the legal and legal capacity of any of the spouses or will put one of them in a very unfavorable position. And also it should not contain conditions that contradict the main principles of family law (voluntariness of marriage, registration of marriage in the registry office, monogamy).

The marriage contract regulates only property issues of a married couple and does not affect their other rights regarding the right to appeal to the courts, non-property relations between a married couple, as well as the obligations of spouses regarding their children, etc.

Marriage contract - pros and cons

The marriage contract is not a popular phenomenon in Russia, but it has both pros and cons.

Here are some reasons why Russians do not draw up marriage contracts:

In a greater number of people it is considered shameful to discuss the material side of the marriage union. A marriage contract for many Russians is considered a manifestation of self-interest, greed and malicious intent. Although, in fact, the marriage contract indicates an honest relationship between the spouses.
Married couples do not have such a high income to draw up a marriage contract, it is simply not relevant for them.
For many, the marriage contract is associated with the divorce process., division of property. Each of the lovers thinks that their marriage is the first and last, that divorce will never affect them, so it makes no sense to spend time, effort and financial assets on concluding a marriage contract.
All conditions in the marriage contract must be clear and understandable, otherwise the vague wording will make it possible to challenge it in court, and the contract will be declared unlawful. To avoid subsequent litigation, it is necessary that the marriage contract be drawn up by a competent lawyer (lawyer) - which in itself is not cheap..

The benefits of a prenuptial agreement include:

Each of their spouses clearly understands What will he be left with after the divorce?, i.e. there is a clear order in material relations in a married couple.
Each spouse has the ability to retain the prerogative to manage property acquired before marriage, after divorce. This applies mainly to those who already have personal property, a profitable business, etc. behind them. and, binding himself with the bonds of Hymen, in the event of a divorce, do not share this with his ex-wife/s.
A husband or wife may transfer his or her property acquired before marriage to a wife or husband, provided that stipulating in the contract the reasons and situations when this decision will come into force. For example, to determine in advance that “in the event of a divorce, a three-room apartment will belong to the spouse with whom the common child will live” or “in the event of a divorce, the car will go to the spouse.”
Possibility to keep the property if there are claims regarding debts one of the spouses.

In what cases is it worth concluding a marriage contract in Russia?

According to statistics, a marriage contract in Russia is concluded only 4-7% of the country's inhabitants entering into a marriage union . Moreover, the dominant persons are those who, not for the first time, tie the knot. For comparison, in the EU countries, the conclusion of a marriage contract is a traditional phenomenon, and it is drawn up 70% of those who are married .

marriage contract it is beneficial to conclude people who are far from poor . And also those who enters into an unequal property marriage , i.e. to those who before marriage had sufficient material wealth.

It will also be important for:

Private entrepreneurs and large owners who do not want to lose part of their property in a divorce.
, moreover, if one of them has a significant material base and the presence of children from previous marriages.

The conclusion of a marriage contract is not cheap, and is not designed for the mass consumer. A marriage contract is beneficial only to wealthy people, and for those couples whose financial situation was the same before marriage, the regime established by law is suitable - without a marriage contract. If such a marriage breaks up, then after the divorce, the jointly acquired property will be divided equally.

Whether it was worth concluding a prenuptial agreement or not - you decide. But, do not forget that it regulates purely property relationships - both after the breakup of the family, and in the marriage union . And its design is not at all the first step towards divorce, but the first step towards a modern solution of property problems between spouses.