. Using the terms of the contract, you can change the property regime, as well as respect the rights of both spouses without violating their interests.

At the legislative level, the procedure for concluding marriage contract regulated by Chapter 8 of the Family Code of the Russian Federation (RF IC). The contract can be signed as before official registration relations in the registry office, and at any time during the marriage (Article 41 of the RF IC).

Important! If the marriage contract was signed by the spouses, then it is valid from the moment of its notarization. If the agreement is concluded by the bride and groom, then the terms of the agreement begin to apply from the moment of official registration of their marriage.

A marriage contract regulates only the property relations between husband and wife. Any non-material rights and obligations are invalid, but the contract may indicate the liability that each spouse will bear for their failure to fulfill them.

Read more about when a prenuptial agreement can be concluded: before, during or after the wedding.

Notarization - what is it?

Now let's talk about how the database is designed. The parties can enter into a marriage contract only in writing. The document must be notarized (clause 2 of Article 41 of the RF IC). A couple who wants to enter into a marriage contract can independently prepare a draft agreement, or seek help from a law firm, or from the notary himself.

If the contract is drawn up with errors, it may be declared invalid, and the rights and obligations of spouses will be regulated only by the law.

During the certification process, the notary not only checks the compliance of the contents of the document with legal norms, but also explains to each of the parties their rights and obligations. The text in the contract is written clearly and clearly without any additions or corrections. The full name of each party is indicated without abbreviations in order to avoid possible misunderstandings in the future.

Where and by whom is the contract certified?

The contract is certified by a notary with an inscription in accordance with the law. The procedure can take place both in a state notary office and in a private one.

Even if the contract was drawn up by specialists from a law firm in full compliance with all legal requirements, then a visit to a notary for certification is a mandatory step.

Attention! A marriage contract is considered invalid if the notarial form was not followed when concluding it. The contract acquires legal force from the moment of its notarization.

What documents are needed for the conclusion?

If a husband and wife decide to legally regulate their rights to movable and immovable property, then they will need to visit a notary to sign a marriage contract. To sign the document, the parties must provide the following documents:

  • ID cards;
  • marriage certificate;
  • documents establishing ownership of specific property;
  • other documents.

If the contract stipulates the rights to own a car, the notary will need to present the purchase and sale agreement and the technical passport for the vehicle. If the contract refers to (house, apartment), then the list of documents will include:

  • purchase and sale agreement, gift agreement;
  • certificate of ownership;
  • a certificate confirming the number of people living.

If one of the spouses is an individual entrepreneur, then he will be required to provide a certificate of registration.

If the parties do not provide the entire list necessary documents, then the notary has the right to refuse to certify the contract, or items will be excluded from it, the presence of which implies the presentation of missing documents by the parties.

Is it necessary for both parties to be present?

The procedure for certifying a marriage contract requires the personal presence of all parties. Spouses or future spouses come to the notary on the appointed day with a draft agreement and full list necessary documents for its certification.

If the agreement has not been prepared, this can be done directly from the notary. If the parties have provided a draft document, the notary must check it. Any legal errors, incorrect or illegal wording found in the contract are subject to change.

After the notary has checked all the documents and explained all the legal regulations, the parties to the agreement put their personal signatures in his presence and only after that the notary certifies the document.

Important! When signing the contract, the presence of third parties is not allowed, since the notarial act must be kept secret.

Procedure for certification

The agreement between the spouses is concluded in writing in triplicate, one for each of the parties, and one copy for the notary archive (you can find out how to correctly draw up a marriage contract, as well as see a ready-made sample document). The procedure for certifying an agreement at a notary office consists of several stages. When drawing up a document, the notary is obliged to perform the following actions:


The final step in notarizing a prenuptial agreement is to serve copies of the documents on each party. One copy remains with the notary.

Read more about the nuances of registration and cost of a marriage contract.

Is it necessary to have the database certified by a notary, or is it possible not to do so?

According to Art. 41 of the RF IC, when concluding a marital agreement regulating their property rights and obligations, it must be notarized.

If there is no certifying inscription on the marriage contract, then such a contract and the obligations specified in it are not subject to fulfillment by the parties.

Is state registration of a document in Rosreestr necessary?

Certified by a notary, it is a document of title; in itself, it is not subject to registration in the Unified State Register (Rosreestr).

Its submission to the registration authority together with the application of the spouses is required if previously the rights, for example, to real estate were registered with one of the spouses, and the terms of the marriage agreement establish a regime of separate ownership of this real estate. In this case, the other spouse’s ownership of the property must be registered, and the agreement will act as the basis for the emergence of rights to the property.

A marriage contract does not grant property rights to the spouses; it specifies the property that will go to the wife or husband after a divorce, but this will require its registration in accordance with the law.

Marriage contracts concluded in accordance with the legislation of the Russian Federation can only regulate the property rights and obligations of the parties. They should not contain clauses regulating the personal relations of the spouses. Such agreements are always drawn up taking into account legal requirements and certified by a notary. Without notarization, the document has no legal force.

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Last modified: June 2019

The presence of agreements “on the shore”, before the partners have officially registered the marriage, becomes a measure that allows one to avoid legal tricks and deception on the part of the spouses. Registration of a marriage contract as a document is not required, but its drafting should be approached carefully. By eliminating unpleasant court proceedings, challenging the ownership of property, and its division, the agreement may contain some clauses with conditions that allow the spouses to re-register the property in favor of one of the parties for personal disposal.

Re-registration of real estate under a marriage contract is one of the types of transactions that has the right to exist on a par with purchase, donation, inheritance, etc. The document must be certified by a notary office, since it is necessary to confirm the legality of the signed agreement.

When is it necessary to register a marriage contract?

There are two parties involved in signing a marriage contract – both spouses. The husband and wife record in writing the agreements reached regarding the distribution of property rights during the registered relationship and after the divorce. The conditions for the transfer of ownership under the marriage contract to the other partner and other consequences of certain actions of the parties are stipulated.

It is not necessary to sign the agreement before the wedding. A married couple who feels the need to document agreements has the right to sign a contract throughout the marriage. If the contract is drawn up before the wedding, it comes into force after registration with the registry office. If it is signed by a married couple, the entry into force is negotiated separately, but not earlier than the date of signing the document.

It is important to understand that the contract itself does not require registration, neither in Rosreestr, nor in other registers of marriage contracts, except for a notary office. In turn, the notary gives legitimacy to the process by verifying the legality of the contract clauses and the good will and sound mind of each signatory.

The presence of a marriage contract does not guarantee the transfer of property to one or another spouse. The document regulates under what circumstances a husband or wife can transfer property to themselves, without lengthy court proceedings and attorney fees. The procedure for applying a marriage contract provides for the registration of property rights under the marriage contract with its transfer to the new owner through making a new entry in Rosreestr.

If you intend to apply the clauses of the marriage contract upon the occurrence of circumstances specified in the document, when the ownership of the property changes, registration of the new owner will be required.

In fact, registration records can confirm the recognition by government agencies of the right of a particular citizen to manage and own certain property. Confirmation of rights will be made by making an entry in the unified register.

The procedure for re-registration with the alienation of rights from one and transferring them to the other spouse is established in Section 13 of the Civil Code of the Russian Federation. The basis for changes in the registration of the owner will be the initiative of the parties, an application and a package of supporting documentation.

Features of the procedure

The procedure for registering property rights on the basis of a marriage contract between spouses involves 2 important stages:

  1. Drawing up and certification of a document by a notary.
  2. If the circumstances mentioned in the document occur, the object is re-registered under another owner.

Despite the obvious advantages, the practice of a prenuptial agreement is not particularly common among Russian couples. As a result, when getting a divorce, you have to spend time on court proceedings, money on court fees and lawyers.

Due to the fact that Russians are biased towards the document establishing the rights of spouses during a divorce, the marriage contract is little known and is quite rare. Spouses are hampered by the fear of being accused of excessive commercialism or of wanting to soon part with their own benefits.

To avoid challenging the document later, you should entrust the procedure for drawing up the agreement to a notary or lawyer. The document will gain legal force only after it is certified by a notary.

Drafting and notarization

Before contacting a notary, you should discuss in advance with your partner:

  1. Conditions giving the right to re-register property.
  2. Specific objects, rights to which arise in certain circumstances.

To the office, spouses must provide:

  • passports;
  • title documentation for objects;
  • information about property that may be transferred in favor of one of the parties;
  • document about marital status(with the date of marriage registration in the registry office).

It is important to remember that any oral and written agreements between husband and wife are not valid unless certified by a notary. Thus, going to a notary is a mandatory step on the way to registering property under a marriage contract.

Re-registration of property under contract

A visit to a notary only allows you to register the legal legitimacy of the contract, however, to formalize the transfer of rights with the abolition of the regime established by law, it is necessary to make records of the change of owner in Rosreestr. Thus, the only place where a marriage contract is registered is the state registration authority.

At their own discretion, the marriage partners agree whether the acquired property will be registered as joint ownership, or one of the partners will manage it.

To visit Rosreestr and re-register the property mentioned in the contract, spouses must prepare:

  • personal documents;
  • a statement from the person accepting the property for his own disposal;
  • application from the other half with consent to re-registration;
  • payment receipt confirming payment of the registration fee (according to the Tax Code of the Russian Federation, the registration fee will be 1 thousand rubles);
  • marriage contract along with a copy;
  • certificate of marital status (from the registry office).

Sometimes the contract determines the share of the property rights of the spouses. If it is planned to transfer the property to the disposal of shares by each individual spouse, they submit an application with a request to terminate the right of common ownership and register the rights to shares in relation to the same object.

Despite the fact that a marriage contract is not subject to separate registration, its legal validity depends on compliance with a two-stage procedure - certification by a notary and re-registration of property when the circumstances specified in the agreement occur.

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A marriage contract is a civil legal transaction between persons who wish to enter into a legal marriage or who have already entered into it. It affects only the property relations of spouses. IN different countries have different attitudes towards a marriage contract between spouses, all of this is based on the customs and laws of these countries. IN Russian Federation it was not customary to enter into a marriage contract, since it was believed that marriage was based on love, and there was nothing to divide, there was no property that could be inherited or transferred to another person. Now that life has changed dramatically, private property, private business, large incomes, expensive real estate have appeared, everyone has the right to protect themselves. It is no secret that some marriages are concluded out of convenience, that is, they hope to live well and divide property in the event of a divorce.

However, different times have come and wealthy citizens before concluding marriage union, draw up a marriage contract. It protects the owner from division of property if something happens. They approach the conclusion of a prenuptial agreement seriously and engage a marriage contract lawyer who has encountered such issues in practice. What is especially important is that when writing a contract, you can stipulate any conditions regarding the property, but you cannot affect the rights and desires, otherwise the contract will be declared invalid by neither party.

General principles of a marriage contract

A marriage contract is not based on the equality of spouses; it contains all the wishes of both parties, which must be achieved jointly. If there is an assumption that your family will become wealthy or already wealthy, then it is necessary to clearly determine the distribution of all property received before and during marriage. It is necessary to determine what will be considered common property and what personal, and how income will be divided. You can make a change in the distribution of income at the birth of children, but you cannot set conditions in connection with the birth or non-birth of a child. A prenuptial agreement can describe material relations during marriage and after divorce. It is especially important for a woman to know what she will get after a divorce if she is alone or with children. The contract cannot state that in the event of a divorce, the child will remain with one of the parents.

The marriage contract is drawn up in writing and must be notarized. This agreement can be terminated by mutual agreement; this is not permitted unilaterally. The law also provides for changes and additions to the marriage agreement, but only with full mutual consent and with notarial confirmation.

Conclusion of a marriage contract

The conclusion of a marriage contract must be taken seriously, perhaps the well-being of you and your children will depend on it. A marriage contract can be concluded before marriage or during marriage at any time. If the marriage contract was signed before marriage, then it begins to be valid on the day of registration of the marriage, if during cohabitation after marriage, then it begins to be valid from the moment of signing. There is a certain form of compilation, but it is not mandatory. The validity of the agreement is confirmed by a notary, state registration not required.

To find out how to conclude a marriage contract, you need to contact a law firm. The company will offer you the most suitable option. It is important to provide an inventory of all property and its valuation at the time of concluding the marriage contract; it is worth accurately dividing what belongs to whom, now and what will belong later. Before you sign a contract, look at what you can be left with after a divorce, read and do not trust, otherwise you may end up with nothing and leave with an empty suitcase. Also in the contract, determine what will happen with wedding gifts. Therefore, no matter how great the relationship may be at this moment, everything can change dramatically, from love to hate one step away. Today he gives you expensive gifts, and tomorrow you may be left with nothing.

Concluding a marriage contract will protect both parties; in the event of a divorce, each will keep everything that is specified in the contract.

The drafting of the contract is not based on equality, it defines his personal property and the common one, and the status of the property can be changed. According to the law, everything that belonged to the spouse before the marriage was registered is personal property and may not be included in the contract. All gifts at a wedding are given not to the family, but to the daughter or son, but in the event of a divorce, a conflict may arise, so expensive gifts in the form of a car or apartment must be documented or registered in the name of a relative. Such gifts must be arranged in advance, as this takes time. The document determines the fate of not only the property available at that moment, but also the future. The contract can determine the validity period of the contract; if this is not specified, then it is valid until the termination of the marriage. A marriage contract is drawn up with the help of a lawyer and jointly by the spouses. A contract cannot be concluded unilaterally.

Basic conditions of a marriage contract

A contract is drawn up by married couples who have something to share or are expected to receive a large inheritance or large income. Usually, a spouse who already has large real estate, enterprises, shares and other benefits wants to protect himself from a marriage of convenience. He understands perfectly well that with his income in the future, the common property will be large, so the fate of the property is determined before marriage.

A marriage contract can be drawn up in relation to existing property and not yet acquired property. Spouses have the opportunity to clearly define their rights and obligations in relation to each other, how and to what extent the spouses will use their income in the interests of the family and themselves, what property the spouse will receive upon divorce, maintenance after divorce, including ex-wife and children. Any conditions of a property nature can be specified in the marriage contract. It is impossible to draw up an agreement on enslaving conditions, under which one of the spouses is in a more advantageous position, and the signing takes place under difficult life circumstances.

It is impossible to include in a marriage contract conditions related to personal interests, it is not allowed under the contract to limit legal capacity, the right to go to court for protection, conditions related to religion and race are not possible. It is impossible to set conditions for the birth of children in the contract.

Registration of a marriage contract

Any couple who has already registered their marriage and who wants to formalize their relationship has the right to draw up a marriage contract. A marriage contract can only be signed by couples whose marriage is recognized as valid; if citizens have restrictions on marriage, they cannot enter into a marriage contract. A marriage contract is drawn up in advance with the help of a specialist and certified by a notary; if the contract is not certified, it is considered void. An exception for contracts concluded in 1995, when the procedure for drawing up marriage contracts first appeared. A marriage contract can be concluded at any time during cohabitation. When registering and signing, you cannot use a representative office; you sign the document yourself in the presence of a notary.

The marriage contract always includes the subject of the contract, in relation to which the rules for using the order are determined. It is very important to note how the spouse will use the housing after the divorce if it was purchased before the wedding or while living together.

Registration of a marriage contract

The marriage contract is not registered by the state; the marriage contract is certified by a notary in accordance with the family code. An agreement drawn up before the official registration of a marriage comes into force on the day of marriage; if the agreement is drawn up and signed after the marriage, then its validity begins at the moment of signing. The contract must be executed by both parties; termination and modification are possible only by mutual agreement; this cannot be done unilaterally. If the terms of the contract are violated, you can go to court, where the extent of the violation will be determined, and by a court decision you will have to fulfill the terms of the contract.

Conclusion of a prenuptial agreement in marriage

The legislation of the Russian Federation allows the conclusion of a marriage contract after registration of marriage. It comes into effect immediately after signing. An agreement is drawn up by both spouses, and you can use the services of a lawyer or notary. They will help you prepare the document correctly. The main thing in the contract is to determine the items of property, be sure to indicate the cost, the degree of wear and tear, and you can note the price of the item. The contract must write down what will happen to each item after the divorce and who will get it. Each spouse can indicate what material support he will receive under the marriage contract during marriage and after the termination of the marriage. The contract may treat the end of a marriage as a divorce or the death of one of the spouses. Such situations are prescribed in the marriage contract.

In case of divorce, the contract ceases to operate simultaneously with the divorce, but the terms of execution may remain in effect after the divorce, for example, maintenance or the right to use housing. All these conditions are prescribed in the prenuptial agreement during the marriage; it can also be stated that certain obligations are covered by the agreement before its conclusion. It is important to know that the legality of a marriage contract is recognized only with state registration of marriage.

Prenuptial agreement after marriage

A marriage contract can be concluded by all couples who have created a marital union and a marriage that is recognized by law as valid. The invalidity of the marriage makes the marriage contract void and unenforceable. Citizens living in civil marriage, they can draw up an agreement, but it will be useless and have no legal force; it will begin to take effect after the marriage is concluded at the registry office. Upon divorce, the contract ceases to work immediately, but all property agreements must be executed strictly according to the contract, unless otherwise noted additionally.

The property goes to the person to whom it was registered, and the business and money are also divided. Property that was not mentioned in the contract is subject to division according to the law on common rights, if it was common property. Personal property is not subject to division, nor is inheritance. After the divorce, according to the agreement, it begins material support spouse, execution is mandatory. In the event of the death of one of the spouses, the marriage contract terminates, and the further fulfillment of some obligations does not apply to the others, for example, the maintenance of a disabled spouse.

Termination and modification of the terms of the marriage contract are permitted at any time. This is done with mutual consent from a notary, and the changes must be registered. If one of the spouses does not agree to the change, the other can go to court. For the court, it is necessary to provide evidence of violation of the marriage contract. A violation is considered significant if it results in damage to one of the parties, for example, the sale of joint property and the purchase of a car for oneself. It is also possible to reconsider the ownership of real estate after a divorce, as well as other material security. A marriage contract is drawn up mainly at the initial stage of life and therefore no one can imagine what may change in a few years. No one knows how many children will be born, what health will be like, everyone believes that they will be young and happy forever.

If the marriage contract is changed by agreement, all conditions regarding the property can be renegotiated. You can determine the expiration date of the contract, for example, link it with the birth of children or the achievement of a certain age. A marriage contract may be fixed-term in relation to property, for example, during the first five years, acquired property is considered common, and then the acquisition is considered separate. When amending a contract, it is impossible to introduce restrictions on legal capacity or the right to seek protection in court. Everything that concerns personal interests is not prescribed or changed, it is not allowed, for example, a condition to quit smoking, this is considered a violation of rights.

Termination of the marriage contract

Termination is also permitted by law. It proceeds in the same way as the registration of a marriage contract. The agreement can only be withdrawn by voluntary mutual consent. To do this, they turn to a notary, where a document renouncing the marriage contract is drawn up in writing, that is, a document is drawn up that terminates its validity. Then all the conditions specified in the contract lose their force at the moment the refusal is signed, and the property is divided on a general basis according to the civil code.

Many questions are asked: what happens when one of the spouses dies? In such circumstances, the marriage is not dissolved, but terminated, and therefore the contract is also terminated. When writing a contract, it is important to correctly mark this position. A lawyer will help you do this; when preparing the document, do not ignore this issue if you have already decided on a marriage contract.

At the stage of signing the marriage contract, determine the right to use the residential premises after the termination or after the dissolution of the marriage. This must be done if you do not have personal property, but it belongs to the other spouse. If you do not write down the conditions, you may end up homeless in the future, and you will also know what you can count on if the marriage ends.

Divorce of marriage and prenuptial agreement

Divorce and dissolution of a marriage contract are closely related. As soon as the spouses divorce, the contract ends on the same day. The terms of the contract that must be fulfilled after the divorce are fulfilled. If they are not fulfilled, then you can go to court. The marriage contract, if recognized as valid, has legal force and everything related to the conditions after the divorce is executed, even by force. The division of property is carried out according to the contract; if something was not indicated in the contract or was not expected to happen, it is divided according to general laws.

The beginning right relationship There should be equality between spouses in the family. As you know, a marriage contract becomes valid only after the official registration of marriage between legally capable citizens who are not closely related.

If these conditions are violated, then the marriage contract can be declared invalid in court. A marriage contract is considered voidable if it was drawn up by minors or those with insufficient legal capacity. The contract will be void if it is concluded in marriage with an incapacitated person, as well as for obtaining benefits without forming a real family. A document is considered invalid if it involves restricting the rights and freedoms of one of the spouses. It is impossible to stipulate restrictions for a disabled spouse in a contract.

When drawing up a marriage contract, one must proceed from the correct interpretation of articles and norms family law. Any deviation may invalidate the marriage contract, which can be terminated in court. The spouse has the right to turn to the other with a request to terminate the marriage contract voluntarily. Failure to do so may result in a lawsuit to terminate the marriage contract.

An agreement can be declared invalid if it was signed under stress, while intoxicated, or under threat or blackmail. The spouse can seek recognition of invalidity if his property or personal rights are violated, also if the contract is imaginary.

Sometimes, in order to avoid collection of debts, spouses enter into an agreement where all property becomes the property of, for example, the wife; it cannot be collected from her by law unless the creditor proves that the transaction is fictitious. It is prohibited to use an agreement to cover up an illegal business. All the grounds on which a marriage contract is declared invalid are spelled out in the code.

Disputes related to the marriage contract

A marriage contract is a legal transaction that stipulates the rights of property of the present and future, the right of residence and use after divorce, maintenance of spouses during divorce, division of income during cohabitation, any conditions related to the restriction of rights are not allowed. At the stage of drawing up the contract, it is necessary to describe all the property, who owns what, and determine the value, especially for apartments, houses, land, shares, enterprises, cars, everything that costs money. If there is an assumption that new real estate will appear in the future, you can prescribe its fate. The conclusion of the contract should protect the richer, first of all, from a marriage of convenience on the part of the wife. The contract can be written in such a way that in the event of a divorce, she will not receive anything significant from his income. This kind of transaction is very common in Western countries, but is rarely used here. This is due to a moral point of view, that is, already at the initial stage of life, both spouses do not trust each other if they negotiate a divorce and division of property. Just yesterday they were talking about love, but today they are counting their money, each for himself.

Marriage agreement for mortgage

In a marriage, all income and acquired property after a divorce is divided in half, since it is considered common property, this also applies to mortgages. Upon divorce, property will be divided in half, unless this is formalized in the marriage contract. Mortgages are mainly taken out by young families, but since the divorce rate is high, banks, in order to protect themselves, offer mortgage borrowers to enter into a prenuptial agreement. It states who, as a result of the divorce, will pay the loan obligations. The mortgage loan agreement specifies who makes the down payment, in what amount, who will make payments and in what amount, and who will be the owner after the divorce.

A housing mortgage can be specified in the contract if it was issued to one of the spouses, and both paid or the other paid. According to the law, whoever owns the mortgaged apartment is registered in his name is the owner, that is, the second spouse may find himself homeless after a divorce, but he paid equally. Therefore, you can write in the contract what share you will get from the apartment in the event of a divorce; the shares may not be equal, but are determined as a percentage. Under a prenuptial agreement, liability arises for the mortgage, which is used by banks to reduce the risk of loan default.

A marriage contract formalizes property relations for all movable and immovable property that exists at the present time and that will be later. The property specified in the marriage contract may be alienated without the detriment of either spouse, sold or pledged with the full consent of the parties. In a divorce, division is carried out according to the agreement, unless it has been changed, canceled earlier or declared invalid. The remaining property is divided between the spouses according to the law. If the contract is terminated as a result of the death of one of the spouses, then the property is simply inherited unless there are other orders. The use of the apartment by the other spouse after death can be stipulated in the marriage contract if this housing was the property of the first spouse.

If the contract is declared invalid, then the division is carried out according to the law, by agreement or through the court. The rights of children upon divorce and dissolution of the marriage contract are preserved. Children cannot lose the right to use the housing of both parents, no matter who they live with, and they also do not lose the right to inheritance or the right to material support.

Death of a spouse in a marriage contract

The prenuptial agreement is terminated upon divorce and as a result of the death of one of the spouses. Upon termination as a result of death, all conditions in the marriage contract come to an end, and they cannot be transferred to third parties. All property is inherited by heirs, unless there is a will in favor of other persons. It is impossible to stipulate in a marriage contract the conditions for the use of residential premises after death; at this moment the law on inheritance comes into force. The marriage contract is declared invalid due to the termination of the marriage.

All property can be transferred to the other spouse by inheritance, but other heirs have the right to apply to the court to declare the will invalid. This is where inheritance law comes into play.

Marriage agreement for an apartment

In our country there is little practice of drawing up marriage contracts, it’s just not accepted. However, concluding an agreement will help protect spouses from conflicts while living together and will simplify the division of property during a divorce. For example, in the contract it can be noted that an apartment purchased during marriage will belong to one of the spouses, to both spouses in different shares, and the shares can be specified. According to the prenuptial agreement, real estate can be marked as personal or community property, which can later determine the fate of this property in a divorce. You can determine the duration of the contract, for example, when purchasing an apartment within the first three years life together consider it as common property, then the purchased housing is considered to belong to the person to whom it is registered. In the marriage contract, the spouses must stipulate how the apartment can be used after the divorce, if it is not common property. The document can specify who will own the mortgaged apartment if there is only one borrower and both spouses pay. A contract is a legal document and is enforceable by law.

Marriage agreement on separate property of spouses

When drawing up a marriage contract, spouses must clearly define what is the personal property of each, what and by whom was received as a gift at the wedding. Further, it can be stated that property recorded in the name of one of the spouses is considered his property, even if the acquisition was made from common income. You can also write that all income is common property except for those that are aimed at purchasing real estate and this real estate is registered in the name of one of the spouses. The agreement stipulates that personal property will include everything purchased with income from the other spouse. In general, everything about the property can be written in the contract, which does not contradict the law.

Bottom line: is it necessary to conclude a prenuptial agreement?

In our country, marriage is not yet completely civilized. Our marriage is based on trust and many people don’t think about what will happen next. This was all due to the fact that there was no private property, there was nothing to pass on by inheritance. Now that circumstances have changed, there are unequal marriages. More often, girls began to look for rich husbands in order to later receive their share of the property. But in order to protect themselves from entering into such a marriage, wealthy citizens draw up a marriage contract before entering into marriage. Whether it is necessary to conclude a marriage contract, everyone must decide for themselves. Only lawyers and lawyers advise not to take risks. Remember that all terms of the contract are always fulfilled, so you can, for example, clearly spell out all property relations there. This applies to the present and the future. As for the party who has nothing at the time of marriage, he can stipulate his future in terms of maintenance as a result of the divorce.

A formalized marriage contract will save you from endless legal proceedings regarding the division of property in the future. The fate of the property will be determined in advance. And it is also important that the contract can be concluded, amended and terminated at any time by agreement; the validity period can be determined. There are many advantages to concluding a prenuptial agreement.


Residential property acquired during marriage is considered joint property spouses. According to And A different property regime can be established by concluding a marriage contract.

The corresponding contract is an agreement that establishes the treatment of the property of the spouses during the marriage, upon its dissolution or in the event of the death of the husband/wife. It is possible to conclude a marriage contract both before registering a marriage and after entering into an official marriage.

Important to note: If the registration of a marriage agreement is carried out by legal spouses, then it will have legal force from the moment of certification in a notary office, but if by the bride and groom, from the moment of the official marriage in the registry office.

Registration procedure

It is worth noting that registration of a marriage contract is intended to regulate only the property legal relations of spouses. Provisions that indicate non-material powers or obligations of spouses will be automatically invalidated. However, the marriage contract can include clauses regarding penalties and compensation for their improper compliance, for example, deprivation of a share of real estate for a confirmed fact of infidelity, battery, etc.


Also, the agreement cannot include conditions that limit constitutional freedom (the right to work, study, etc.) or put one of the parties to the transaction in an unprofitable position - in the event of a divorce, all property will be transferred to the ownership of only one of the spouses. Registration of a marriage contract in a notary's office cannot regulate the order of inheritance of real estate in the event of the death of one of the spouses, as well as the amount of alimony payments for minor children after a divorce. To resolve relevant issues, the legislator has developed specialized documentation.

The procedure for registering a marriage contract with a notary:

  • original identification documents of the parties entering into a marriage contract are provided;
  • turns on detailed information regarding all property;
  • title documentation for property that will be transferred to the other spouse if certain circumstances arise;
  • original and photocopy of marriage certificate;
  • draft agreement (if available and if necessary).

The specialist will check the authenticity of the documents provided, draw up a draft agreement and familiarize the parties to the transaction with the legislative consequences of its signing. After the notarized registration of the marriage contract, a confirming inscription is affixed to the document, then clients receive two certified copies.

If at the time of registration of the marriage contract the spouses did not own any real estate, then in case of its acquisition it automatically acquires a regulatory regime.

Required documents

List of documents required for registration of a marriage contract:

  • a written application for nationwide registration of rights;
  • identification documentation of the authorized person/applicant;
  • notarized general power of attorney in case of representation of interests individual(original);
  • receipt of payment of state duty;
  • original and photocopy of the marriage contract;
  • supporting documentation in cases established by the legislation of the Russian Federation.

Important! In the appropriate case, a notarized marriage contract will be considered the title documentation, and national registration will act only as a title-confirming act.

Deadline and state duty

The amount of state duty when registering a marriage contract is calculated as follows: calculate 1.5% of the total amount of the agreement (the price should not be less than 50% of the minimum wage). If in the provisions of the marriage contract the married couple indicated only real estate that will be acquired in the future, the state duty will be equal to two times the minimum wage. The notary fee for certification of a document is established by the rules and will amount to no more than 500 rubles.