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MARRIAGE CONTRACT

_____________ "___"_____________ 201__
Citizen of the Russian Federation ____________________________________________________ passport series _______ N ________ issued ___________________________________________________________), residing at the address: ____________________________________________________________, and citizen of the Russian Federation _____________________________________________ (passport series _________ N _________ issued ___________________________________________________), residing at the address: ___________________________________________________________, married, registered on _____________________________________________20___, registration number N _________, marriage certificate series _________ N ___________, hereinafter referred to as “Spouses”, in order to regulate mutual property rights and obligations both in marriage and in the event of its dissolution, have entered into this marriage contract about the following.

SUBJECT OF THE AGREEMENT

1.1. The spouses agree that all property acquired by them during the marriage (that is, both before the conclusion of this agreement and after its conclusion) on various grounds provided for by law is recognized as their joint property. This rule applies to any property of the spouses, both movable and immovable.

The procedure for owning, using and disposing of this property is regulated by the current legislation of the Russian Federation.

An exception to the above rule is the regime of property and deposits in credit organizations registered in the name of ____________________, which are not the joint property of the spouses under this agreement, but are recognized as the personal property of the respective spouse. This provision applies both to property already acquired and contributions already made, as well as to property that may be acquired in the future and to contributions that may be made in the future.

_________________ property also includes funds that were used or will be used to acquire property and make contributions specified in paragraph three of this paragraph.

1.2. Income received by each spouse during the marriage, including income from labor activity, entrepreneurial activity and the results of intellectual activity, as well as received pensions, benefits and other monetary payments, are the joint property of the spouses.

An exception to the provision specified in paragraph one of this paragraph is income that was or will be directed by the parties under this agreement to purchase property or make deposits if they are registered in the name of ______________. Such income is recognized as personal property of _____________________________________________________.

1.3. Property that is in personal ownership _____________ at the time of concluding this agreement, as well as property acquired by this spouse in the future, will be his personal property even if at the expense of the joint property of the parties under this agreement or the property of the other spouse, as well as Due to the labor of the other spouse, investments will be made that significantly increase the value of this property (major repairs, reconstruction, re-equipment, or other).

1.4. In accordance with the law, the personal property of _________________ (indicate the last name, first name, patronymic of the other spouse) is property that belonged to him before marriage, as well as property received by him during marriage as a gift, by inheritance or through other gratuitous transactions.

1.5. By the time of the conclusion of this agreement, Mr. _____________ (indicate the surname, name, patronymic of the first spouse) owns the following property:

• ___________________________________________________________,

________________________________________________________________,

• ___________________________________________________________.

________________________________________________________________.

1.6. At any time during the marriage, the spouses, by mutual consent, have the right to change the property regime established by this agreement.

RIGHTS AND OBLIGATIONS OF SPOUSES

2.1. Each spouse is obliged to respect the rights and legitimate interests of the other spouse established by this marriage contract and the law, both during marriage and after its dissolution.

2.2. When exercising the powers of the owner (that is, the rights of ownership, use and disposal) in relation to common property, spouses are guided by current legislation. If one of the spouses takes action to dispose of common property, the second spouse must give his consent to this.

2.3. Each spouse independently exercises the powers of the owner in relation to the property belonging to him. The consent of the other spouse to carry out the above actions, including any transactions with such property, is not required.

2.4. Each spouse is obliged to take proper care of the property belonging to the other spouse, to take all necessary measures to prevent destruction or damage to this property, as well as to eliminate the threat of its destruction or damage, including making the necessary expenses at the expense of their own property or the common property of the spouses.

The issue of compensation for expenses incurred in such cases is decided by the spouses themselves in each specific case separately.

2.5. Each spouse has the right to use the property of the other spouse in the absence of objections from the owner of the relevant property.

2.6. If one of the spouses loses their ability to work, as well as other circumstances arise that make it impossible to obtain income on their own, the other spouse is obliged to provide maintenance for the spouse who does not have independent income in an amount no less than that provided by law. The issue of maintaining a disabled spouse can also be settled by an additional agreement between the spouses, which is subject to notarization.

2.7. Each spouse is obliged to notify his or her creditor(s) of the conclusion, amendment or termination of this marriage contract.

2.8. In the event of divorce, only property that will be in the joint ownership of the spouses at that time is subject to division.

RESPONSIBILITY OF SPOUSES

3.1. Each of the spouses is responsible for the obligations assumed to creditors within the limits of the property belonging to him. If this property is insufficient, the creditor has no right to foreclose on the property of the other spouse.

3.2. The liability of spouses for damage caused by their minor children is determined in accordance with the civil legislation of the Russian Federation.

ENTRY INTO FORCE, AMENDMENT AND TERMINATION OF THE AGREEMENT.

4.1. This agreement is subject to notarization and comes into force from the moment it is given a notarized form.

4.2. This agreement is valid for an indefinite period. This agreement terminates from the moment of state registration of divorce.

The spouses have the right, by mutual consent, to terminate this agreement at any time. Termination of the agreement is certified by a notary.

4.3. Spouses have the right to make changes and additions to this agreement at any time, which are also subject to notarization.

4.4. Unilateral refusal to perform this agreement is not permitted.

4.5. If the spouses do not reach agreement on resolving controversial issues that may arise during the period of validity of this agreement, they will be resolved in court.

4.6. In all other respects not regulated by this agreement, the parties will be guided by the current legislation of the Russian Federation.

4.7. This agreement is concluded in three original copies having equal legal force, two of which are kept by the spouses, and the third is in the files of the notary _____________________________________________________________________________.

SIGNATURES OF THE PARTIES.

Download the document “Marriage agreement (with the establishment of a separate property regime)”

Responsibility of spouses

By putting his signature, the representative of the couple agrees with the contents of the transaction. This does not mean that you can “hang” all your debts on another marriage partner, or divide them unfairly.

When preparing the paper, the principle of fair division should be applied.

If, after a break in the relationship, one of the parties did not comply with the terms of the agreement and caused material and moral damage, then it may be held legally liable, namely:

• compensation for damage;
• payment of penalties;
• payment of interest for the use of other people's property, etc.

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These penalties are provided for in Art. 393 – 397 Civil Code of the Russian Federation. The person who signs the contract is obliged to fulfill its terms, otherwise there will be lawsuits and unpleasant showdowns with the ex-spouse.

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Dates for entry into force of the marriage contract and its termination

If a marriage contract is concluded during marriage (that is, if the parties to the contract have officially registered family relationships), its provisions come into effect immediately after the agreement is signed by the husband and wife, as well as after the document is certified by a notary.

If the agreement is concluded before the parties enter into an official marriage, then its terms come into force only after the marriage is registered. Moreover, if the engagement is dissolved and the marriage does not take place, the legal relationship from the previously concluded agreement will not be formed, and the agreement itself will be considered invalid.

In 2021, a marriage contract may be terminated in the following cases:

1. divorce;
2. the parties reaching mutual agreement to terminate the terms of the marriage contract (in this case, after termination of the agreement, the property of the husband and wife will change its regime);
3. upon the expiration date of the contract, if such a period was established by the parties when drawing it up.

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However, since for the most part the clauses of the agreement most often relate to issues of division of property, the list of these obligations will have legal force even after the divorce process.

Also, it is worth noting that in the Russian Federation, unilateral termination of a marriage contract is prohibited! Simply put, a party who believes that as a result of signing such a document, its rights were violated has the legal right to apply to the judicial authorities with a corresponding statement of claim.

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The procedure for registering a marriage contract in 2021

It’s worth noting right away that, unlike the agreements we analyzed earlier (for example, gift agreements), in 2021, in addition to the correct execution of the marriage agreement, the document must be certified by a notary! To do this, future spouses can use one of the following conclusion options:

1. personal visit to a notary’s office with subsequent preparation and execution;
2. drawing up an agreement with the help of a lawyer and having the completed project certified by a notary;
3. independent drawing up of an agreement by the spouses and its subsequent certification in the office.

However, when drawing up a marriage contract yourself, remember that its content and certification procedure are strictly regulated by the current legislation of the Russian Federation. Consequently, ignoring the established norms will entail the invalidity of the agreement!

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