Sample marriage contract 2021 completed

Is it worth concluding a prenuptial agreement?

In order to regulate the relationship regarding any property that is already owned by citizens and property that is planned to be acquired during marriage, it is necessary to draw up a marriage contract.

The contract is especially important in order to provide the spouses in the event of a divorce with a planned procedure for dividing property without the participation of the court and proceedings, which do not help divide property faster, but complicate the life of the spouses in the event of a divorce.

For a more detailed understanding of all the advantages of marriage, it is necessary to study the following life circumstances.

If the spouse, before entering into an official marriage, already owns an apartment, which he wants to keep for himself, without transferring this property into common property acquired during the marriage.

In such a situation, difficulty arises, since it is often necessary to expand the living space as the number of people in the family increases; the spouse decides to sell personal property, and with the proceeds from the sale after paying tax, purchase a new apartment, or use the funds to take out a mortgage, or other option of using funds to purchase new real estate.

Invalidation of a prenuptial agreement in 2021

According to Article 44 of the Family Code of the Russian Federation, as well as the information given in Articles 165-181 of the Civil Code of the Russian Federation, the court has the right, on the basis of a statement of claim (it must indicate the reason and consequences of recognizing the invalidity of the marriage contract), taking into account objective circumstances, can recognize the contract void in the following cases:

If, during the preparation, familiarization with the document and its signing, one or both parties did not have the opportunity to understand and control their own actions, that is, for example, the person was under the influence of medications or was drunk, etc.
If one of the parties is incapacitated.
In the event that the marriage contract was signed under pressure or with the help of deception, violence, threats, etc. (that is, the spouse would not have signed the document under other circumstances, of his own free will).
If the agreement was signed as a result of an incorrect interpretation of its terms, understanding of one’s own responsibilities and rights (signing the agreement in a state of error).

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In our practice, we have sometimes encountered cases where a marriage agreement was concluded to conceal another transaction, which subsequently served as the basis for declaring the contract invalid from the point of view of existing Russian legislation.

In this case, the text of the document may contain conditions that contradict the legislation of the Russian Federation , the fundamentals of legality and morality. However, the notary’s eye will be able to immediately catch such “pitfalls”.

Grounds for termination of a marriage contract

A marriage contract can be terminated only in two cases:

according to a court decision;
by mutual agreement of the parties.

To make a ruling on the termination of an agreement between spouses, the court is guided by those contained in the Civil Code of the Russian Federation. Thus, this solution becomes possible:

if there is an important change in circumstances that was impossible to predict at the stage of drawing up and concluding the agreement, but if the parties had known about it, the agreement would not have been signed;
if the court saw significant violations by one of the parties of the conditions specified in the text of the contract;
The text of the agreement contains a list of certain circumstances, the occurrence of which actually determines the termination of the contract.

How to fill out a marriage contract

In order to fully understand the purpose of a marriage contract, you need to understand the fact that the contract regulates conditions of an exclusively property nature; the contract cannot contain other conditions, reasons and circumstances for their implementation as part of the document.

What else can a marriage contract contain, and what points must be present in any contract:

Any agreement that is drawn up as a marriage agreement must be in writing and without errors, after checking for compliance with the law, the notary must sign;
The agreement is considered a marriage contract only from the moment of official marriage of the citizens who entered into this agreement; the paper confirming the marriage must be in the hands of the parties to the marriage contract;
A marriage contract is considered an official document from the moment the notary puts a certification signature on it, since after signing the document, the notary enters it into the unified register if the spouses are already married;
Any changes to the marriage contract appear with the consent of the parties, the formulation of the wording of the changes on paper and the inclusion of new text in the contract with notarization and certification of all three parties, and a note is made to the contract stating when and for what reasons changes were made to the text of the document ;
The conditions for unilaterally terminating a marriage contract after the expiration of the contract for other reasons are necessarily specified in the text of the contract and have no exceptions, otherwise it will be possible to terminate the marriage contract only through the judicial procedure of proving the reasons for the dissolution and termination of the marriage contract;
The contract must not contain conditions, provisions, clauses, or circumstances that are prohibited from application within the framework of a marriage contract, otherwise the contract will be considered void.

So, with the help of a marriage contract, you can divide property between the spouses by making lists of the parties’ separate property, draw up a list of property that already exists or will be acquired for the use and property of the family, pre-register all items and things that will be personal for a particular spouse in the event division of property, it is possible to create a list of things that will be divided by law on an equal basis between spouses after the divorce procedure.

It is very important to describe in detail all the property for which the property regime has been chosen; the more detailed the lists are compiled, the easier it will be to distribute the property between the spouses, since the document must directly indicate opposite the name of the thing or object who will own it after the divorce.

It is very valuable to be able to distribute the payments of the spouses’ debts that they took on for personal needs, to clearly state which debts are common and are subject to division into shares, if there is such a desire and it is formalized in the agreement, or divided in half in accordance with the law.

The procedure for mutual assistance in paying off debts that are the personal obligation of each spouse is determined; this is only possible with the help of a contract.

All issues in relation to any property and property that is already in the possession and use of the spouses, possibly acquired during the marriage, are streamlined and systematized solely through the marriage contract. The full importance of this document can be appreciated only after the divorce procedure, when you do not have to prove the case to each spouse in the fight for all objects and objects of property.

In order for all of the above to be drawn up in a document, you need to know what such a document is made of.

The main components of the structure of a marriage contract:

Introduction, introductory component of the document: Be sure to indicate the name of the document being drawn up so that the words marriage contract are written in the title;
Indicate the city in which the marriage contract is concluded;
The exact date of entry of the document into the notary register;
Passport details of the parties entering into a marriage contract;
The reason and purpose of the contract, the motivation for its conclusion, the need that needs to be put on paper.

The main component of the contract, which includes sections, subsections, clauses and additional comments on the described relations of the spouses on issues of property and property acquired before and during marriage.

The main part is the most voluminous in the document and consists of the following mandatory components:

The differentiation of property into the categories of separate property and jointly acquired property. The options for distributing a particular type and type of property between spouses are unlimited. A husband and wife have the right to attach all real estate, all jewelry and art objects to separate property, and household items or objects to jointly acquired property. Spouses can give each item in detail the status of a certain category of property according to their own mutual desire. It is important to understand that the distribution of property rights between spouses is not random, and depending on who acquired the property or on whose use the things were purchased, in order to make it easier to distribute the acquired property, or acquired in the future, it is necessary to make lists with a detailed description all properties and characteristics of objects to be distributed;

An essential point touches on the problem of determining the amount of spousal support in various life situations, in the event of unforeseen circumstances or due to force majeure events that can happen to each spouse. It is necessary to determine the amount of maintenance, the form of payment, the currency of payment, the period when payments from one spouse in favor of the other will stop;
It is important for both spouses to state in advance in the marriage contract who earns how much, and what sources of income each spouse has. This is necessary in order to allocate part of the spouses’ monetary income to personal income, or even better, to determine the amounts that will be considered jointly acquired income on each side;
The most important, according to many lawyers, is the regulation of expenses and expenses during family life. Spouses must clearly understand that dividing income and property is not so difficult, but it is important to differentiate and comply with the terms of spending and expenses for personal needs or family needs. If you correctly distribute utility bills, expenses for maintaining property, apartments, repairs, food costs, then you can clearly plan the family budget and allocate funds for savings in the family fund. It must be borne in mind that it is impossible to completely transfer the costs of maintaining a family, incurring expenses for education, recreation, purchasing clothes and other necessary things to one person, since, otherwise, the payer for all bills will have the right to prove ownership of everything, what he paid;

It is necessary to distribute debts and loans within the family. The most important thing to do is to divide all credit and other debts of each family member into personal debts and family debt obligations. This is important, since all debts in the family, which are classified as general debts, will need to be paid, in any case, regardless of who will pay off the debts: the one who took out the debt, or the spouse of this citizen. It is necessary to highlight the obligations of each spouse, for which he must be held accountable to the fullest extent of the law as for personal debt obligations, or to determine the parts for which the spouses will pay off the common debts of the family;

Completion is always present in any contract, where the results are summed up and the parties who entered into the agreement are determined.

Pros and cons of a prenuptial agreement.

What conditions can be included in a marriage contract, read here.

How to draw up a marriage contract, read the link:

The marriage contract at the end of the document contains the following information:

What responsibility falls on each party to the contract in case of violation of the terms of the concluded contract;
Regulations are established for making changes to the contract, necessarily with the participation of both parties and a notary;
The reasons why the contract can be terminated or declared invalid are indicated;
The validity period of the marriage contract is prescribed;
The conditions for the entry into force of the contract by the spouses are determined;
Signature of the parties and personal data, contacts.

Separately, it is necessary to consider the issue of what cannot be included in the marriage contract. It is necessary to understand that the contract between husband and wife governs exclusively property relations; any other types of interaction are regulated by other rules of law.

The marriage contract should not contain the following information:

A ban on the work of one of the spouses, a ban on leaving the premises, any other bans that violate the constitutional rights of citizens, including the impossibility of banning learning, developing, gaining knowledge, experience and skills in any matter that is not criminal;
Prohibit one of the spouses from going to court on their own behalf;
An important point regarding the impossibility of obliging any spouse to perform actions against his will aimed at satisfying the ambitions or needs of the other spouse. It is impossible to oblige any spouse to fulfill “marital duty” without mutual consent, to clean the apartment, to take out the trash at a strictly designated time several times a day. The situations may seem curious, but only at first glance, the clauses of the contract and their non-compliance carry with them a certain responsibility of the parties, therefore it is unacceptable to include even ridiculous conditions of a non-property nature in the contract. An interesting point is that a contract cannot prohibit a husband or wife from abusing alcohol, however, it is possible to include conditions in the contract in the expenditure part that will limit expenses from the family budget, and for failure to fulfill the conditions, compensation can be demanded from the negligent spouse;

It is impossible to limit any spouse in his inalienable rights in relation to children. It is unacceptable for any spouse to establish norms of communication, conditions for dates, rules of upbringing, behavior, conversation and other restrictions in relation to the other. It is illegal to prescribe conditions under which a father or mother can see a child for certain behavior. Parents can write down items for their children that will relate to tuition fees, benefits, creating conditions for self-development, having decided on the amount allocated for these purposes from the family budget, and distribute treatment costs if necessary;

It is strictly forbidden to limit the rights of injured spouses who, due to injuries or events beyond their control, have become maimed, disabled, or have lost their legal capacity. By law, every citizen has the right to receive compensation in the form of payments from a spouse due to disability; the marriage contract cannot contain clauses that detract from the amount of these payments;
It is not allowed to include the terms of a will in a marriage contract in the event of the death of one of the spouses; such issues are dealt with by inheritance law, which has nothing to do with the marriage contract.

Forms and samples

Download a completed sample marriage contract

Download a blank sample marriage contract

We recommend that you download the standard template proposed by our lawyers, and then use it as a draft agreement, modifying it to suit your information. In addition, by clicking on the first link, you can save a photo of the marriage contract of one of the most famous couples in Russia.

How the contract is concluded in 2021

The signing of a marriage agreement is an exclusively voluntary procedure, formed when an agreement and the desire of future or current spouses arise. That is, any influence of third parties and external factors, coercion to draw up and sign, as well as pressure on one of the parties is completely unacceptable!

At the same time, the fact of signing is not a prerequisite for the newlyweds to enter into marriage.

Note

If both parties have come to a common decision to sign a marriage contract in the Russian Federation, then they should first decide on the subject, and then together draw up the text of the contract itself, the content of which is written in Article 42 of the RF IC.

In addition, we recommend paying attention to Article 44 - this will help to exclude cases of invalidation of the agreement.

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Then you need to collect and prepare (make copies, certify, etc.) a package of papers, checking the required list with the notary. We also recommend that you later look at our new article about the possibility of guardianship of an elderly person after 80 years of age!

Required documents

So, to sign the agreement you need the following basic package of documents :

passports of both parties;
papers that confirm the right to real and movable property of both parties, statements of shares in an LLC or ownership of shares, etc.;
marriage certificate (if the parties are married);
all available receipts for payment of notary services and fees (experienced lawyers recommend finding out this information in advance, because it can vary significantly depending on: the costs of the notary’s work, the content of the contract itself and the location of the notary).

Sometimes the notary may also request additional documents. Usually, this happens if he has doubts about the authenticity of the documents provided and the reliability of the information provided.

Expert opinion

Oleg Ustinov

Practicing lawyer, author of the website “Legal Ambulance”, one of the co-founders of the “Our Future” foundation.

Remember that visiting a notary to certify a document is a mandatory part of the procedure for signing a marriage agreement.

The contract document is signed by each party personally in three or four copies, one of which remains in the archive, and the rest are distributed to the parties. At the same time, it is not allowed for representatives to sign a marriage contract, except in situations where one of the spouses is unable to sign due to a physical disability or illness.

The direct responsibility of the notary is to explain the general meaning of the agreement being signed in order to once again make sure that both parties understand their obligations and rights. At the same time, the notary is obliged to read the text of the agreement, and only then certify it.

Example of a completed marriage contract

A marriage contract is a voluminous document and includes many mandatory clauses and parameters that must be filled out correctly and without errors. For those who do not have experience working with documentation, such a task may be overwhelming.

To understand the intricacies of the contract, you need to familiarize yourself with the ready-made image of the marriage contract, in which the data has already been entered into the fields.

MARRIAGE CONTRACT

Kazan February 13, 2021

Citizen of the Russian Federation Soloviev Igor Viktorovich (last name, first name, patronymic) and

citizen of the Russian Federation Gulina Veronika Petrovna (last name, first name, patronymic), hereinafter referred to as “Spouses”, voluntarily, by mutual consent, entering into marriage in order to settle mutual property rights and obligations, both in marriage and in the event of its dissolution, entered into This marriage contract stipulates as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The spouses agree that all property acquired jointly by the spouses during marriage, regardless of whose income it was acquired with, will be subject to the regime of joint ownership. For certain types of property specifically specified in this agreement or an addendum to it, a different regime may be established.

1.2. Property that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift, by inheritance or through other gratuitous transactions, is his property.

1.3. By the time of the conclusion of this agreement, Mr. Solovyov Igor Viktorovich

owns the following property:

apartment with a total area of 86 sq. meters, located at the address: Russia, Kazan, st. Vikhareva, house 34, building 3, apartment 15;
car VAZ 2110, engine No. 688475634, body No. 688475634, state number E547MU43, registered in the Kirov region;
pieces of furniture according to the list attached to the contract;
gold and silver jewelry, as well as jewelry made of precious and semi-precious stones according to the list attached to the contract;
garage for a car, located at Russia, Kazan, st. Vikhareva, house 34, building 1
Gr. At the time of concluding this agreement, Veronica Petrovna Gulina owns the following property:
TV "Sony" black 48-inch diagonal with \n 524862430875432;
Refrigerator "Stinol" white with dimensions 180x90x80 cm c/n 574598480;
Washing machine “Candy” white s\n dg65763-49589;
Steamer "Tefal" lilac s\n 53-405872.

1.4. Common property acquired during marriage includes the income of each spouse from labor activity, entrepreneurial activity and the results of intellectual activity, pensions received by them, benefits and other monetary payments that do not have a special purpose. Possession and use of common property is carried out by mutual agreement.

1.5. The right to common property also belongs to the spouse who, during the marriage, managed the household, cared for children, or for other valid reasons did not have independent income.

1.6. Items for personal use (clothing, shoes and others), with the exception of jewelry and other luxury items, although acquired during the marriage at the expense of the spouses’ common funds, are recognized as the property of the spouse who used them.

1.7. Income for special purposes (amounts of financial assistance, amounts paid in compensation for damage due to loss of ability to work due to injury or other damage to health, etc.) is recognized as the property of the spouse to whom they are paid.

1.8. Spouses have the right to dispose of common property by mutual consent. The consent of a spouse to the other spouse completing a transaction with common property is assumed if the other spouse does not express objections to the transaction before it is completed. To carry out transactions with real estate (including apartments, residential and non-residential premises, land plots, etc.), vehicles and other property, transactions with which are subject to notarization or state registration, the prior written consent of the other spouse is required.

If a transaction by agreement of the parties or by force of law is made in notarial form, the consent of the other spouse to carry out such a transaction must also be notarized. The prior written consent of the other spouse is required when alienating and acquiring property if the transaction amount exceeds 40 thousand (forty thousand) rubles, regardless of the type of property in respect of which the transaction is being made.

1.9. At any time during the marriage, the spouses, by mutual agreement, have the right to change the regime of joint ownership established by this agreement.

2. RIGHTS AND OBLIGATIONS OF SPOUSES

2.1. Each spouse is obliged to take proper care of joint property and property belonging to the other spouse, to take all necessary measures to prevent destruction or damage to property, as well as to eliminate the threat of destruction or damage, including making necessary expenses both at the expense of common funds , and from other income.

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. Spouses are required to refrain from entering into risky transactions. Risky transactions are understood as transactions, failure to fulfill obligations under which may lead to the loss of a significant part of the joint property or to a significant reduction in the income of the spouses.

2.3. Each spouse has the right to use the property of the other spouse that belonged to him before marriage, in accordance with the purpose of the property.

2.4. During the marriage, each spouse has the right to dispose of the property that belonged to him before marriage at his own discretion. However, the spouses recognize income from such transactions as common joint property.

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

2.6. In the event of divorce, property that belonged to the spouses before marriage is not included in the amount of property subject to division.

2.7. Upon divorce, common property is subject to division in equal shares.

3. RESPONSIBILITY OF SPOUSES

3.1 Each of the spouses is responsible for the obligations assumed to creditors within the limits of the property owned by him. If this property is insufficient, the creditor has the right to demand the allocation of the share of the debtor spouse, which would be due to the debtor spouse during the division of common property, in order to foreclose on it.

3.2. A spouse is not liable for transactions made by the other spouse without his consent.

3.3. The common property can be foreclosed on only for the common obligations of the spouses. If this property is insufficient, the spouses bear joint liability with their property for these obligations.

3.4. The liability of spouses for damage caused by their minor children is determined by Civil Law.

4. ENTRY INTO FORCE, AMENDMENT AND TERMINATION OF THE AGREEMENT

4.1. This agreement comes into force on the date of state registration of marriage.

4.2. This agreement is subject to notarization.

4.3. The contract is terminated at the moment of state registration of divorce.

4.4. Spouses have the right to make changes and additions to this agreement at any time. Unilateral refusal to fulfill this agreement is not permitted.

4.5. All controversial issues that may arise during the validity of this agreement, if the spouses fail to reach an agreement, shall be resolved in court.

Signatures of the parties:

Gr. Soloviev Igor Viktorovich, passport: series 4456, No. 475234, issued by the Department of Internal Affairs of the city of Kazan, address: Russia, Kazan, st. Vikhareva, house 34, building 3, apartment 15

_______________Soloviev I.V.

Gr. Gulina Veronika Petrovna, passport: series 3344, No. 888564, issued by the Department of Internal Affairs of the city of Kazan, address: Russia, Kazan, st. Vikhareva, house 34, building 3, apartment 15

_______________Gulina V. P.

Photo of a completed sample marriage contract

For ease of comparison, when filling out the details of the marriage contract, you can use photos taken from a ready-made marriage contract.

Photo of the finished marriage contract: