Sample marriage contract with separate property of spouses

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:

personal visit to a notary’s office with subsequent preparation and execution;
drawing up an agreement with the help of a lawyer and having the completed project certified by a notary;
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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When and for what property to enter into a marriage contract?

So, the contract can be concluded by the parties as follows:

before marriage;
after the marriage, that is, during the marriage.

Simply put, this property agreement can be executed at any time when the couple decides that their family will need additional regulation of property relations in the future. The contents of the contract may indicate both the entire property and certain parts of it, for which the parties can assign a certain ownership regime.

Many Russians mistakenly believe that in 2021 a couple can establish regimes only for property that is already owned by one of the parties to the marriage contract. However, it is not. In the insurance contract, the legislator allows the inclusion in the content of such an agreement of property that is planned to be acquired in the future .

Also, quite often, visitors to the Legal Aid website ask us questions about ways to regulate such property that the parties to the transaction want to purchase, because few of us are 100% sure that after six months he will purchase a car of a certain brand or a house with the terms established in the contract characteristics. That is, a problem arises with identifying future property.

In this case, the parties can use one of 2 options:

draw up an additional agreement to the main marriage contract;
insert into the contents of the main document a clause stating that property acquired in the future (for example, an apartment) will be the property of the person in whose name it will be registered upon its acquisition.

Lawyers consider the first option to be the most optimal, when the couple knows exactly what they want to buy for the family. At the same time, we remind you that any addition to the main marriage contract will require notarization!

The second method is simpler; however, the agreement will need to determine the owner of the property before registering ownership of it.

In addition, the contents of the contract may establish which spouse will bear certain costs associated with:

mortgage payments;
payment of utility bills;
purchasing products;
payment for children's education, etc.

At the same time, the spouses can bear these expenses jointly or by determining a certain part of them and fixing its payment as the obligation of the husband or wife. For example, expenses for a joint family vacation will fall exclusively on the spouse.

Also, the contract may stipulate the right for one of the spouses to live in the living space, which is the property of the other spouse, which, after divorce, allows one to avoid legal proceedings regarding a claim for eviction of the former other half.

MARRIAGE CONTRACT

A citizen of the Russian Federation and a citizen of the Russian Federation, married, registered in 2021, registration number No., marriage certificate No., series, hereinafter referred to as “Spouses”, voluntarily, by mutual agreement in order to settle mutual property rights and obligations, both in marriage and in the event of its dissolution, have entered into this marriage contract as follows:

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 registered in the name of , which is not the joint property of the spouses under this Agreement, but is recognized as the personal property of the respective spouse. This provision applies to both property already acquired and property that may be acquired in the future. Money that was used or will be used to acquire the property specified in paragraph two of this paragraph is also recognized as property.

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 the acquisition of property that will be registered in the name of. Such income is recognized as personal property.

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 for At the expense of the other spouse’s labor, 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, personal property 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. At the time of conclusion of this Agreement, the citizen(s) own 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 Agreement 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 the occurrence of other circumstances that make it impossible to receive income on their own, the other spouse is obliged to provide support 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 of the spouses is obliged to notify their creditor(s) of the conclusion, amendment or termination of this Agreement.

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 comes into force from the moment of its notarization.

4.2. This Agreement terminates upon the termination of the marriage, with the exception of those obligations provided for in the Agreement for the period after the termination of the marriage.

4.3. This Agreement may be amended or terminated at any time by agreement of the spouses. The agreement to amend or terminate the Agreement is subject to notarization.

4.4. Unilateral refusal to fulfill this Agreement is not permitted.

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4.5. If the spouses fail to 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. The costs associated with certification of this agreement shall be paid equally by the parties.

4.8. 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.

Responsibility of spouses under a marriage contract in 2021

In 2021, the legislator does not provide for certain liability for civil transactions of this type. However, such liability is provided for spouses to third parties. At the same time, it can be divided between husband and wife (for example, separate responsibility for debt and credit obligations is common today).

In addition, the experts of our site recommend that the contract must include a clause on parental responsibility for misconduct and damage that may be caused by their children. Typically, this responsibility is shared equally between the father and mother.

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:

divorce;
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);
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.

Contents of the contract

Like any civil transaction, the contract must contain all the main contractual points, including:

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introductory part (header);
subject of the transaction;
rights/responsibilities of participants;
responsibility of applicants;
conditions for the contract to acquire legal force;
signature of the participants and the notary.

It is contraindicated to include the following provisions in the contract:

clauses limiting the legal capacity and legal capacity of citizens;
moral provisions;
conditions limiting the rights of a party to protect interests in court;
clauses limiting parental rights;
other points that contradict the Investigative Committee and Russian legislation in general.

A cap. This section indicates the date, place of the transaction, as well as personal information about the parties. It is also necessary to include the name of the document “Marriage Agreement”. If desired, you can prescribe the rules of law on which the author relies when choosing the purpose of the contract.

Subject of the agreement. The procedure for owning and disposing of the acquired property should be provided here. The property regime is also indicated, which falls into the category of joint property.

Rights and obligations. The following points can be considered here:

general rights of the parties to marriage legal relations regarding property;
the claimant's rights to personal property;
features for notifying creditors, if necessary;
category of property objects and procedure for dividing common property.

In other cases, clauses are also prescribed for the maintenance of spouses by their other halves, and the specifics of the distribution of expenses in a couple.

Responsibility of the parties. This part contains information regarding the obligations of persons to creditors. It also includes provisions for liability for harm caused to incapacitated children.

The provision that obliges the parties to notify the creditor regarding the introduction/change of the terms of the marriage contract is contained in Art. 46 SK. If this rule is violated, the party will be responsible for the debts of his spouse, regardless of the agreement.

Validity of the contract

The agreement comes into force after it is signed by the parties and certified by a notary if the transaction is a marriage. For contracts signed before the registration of marital relations, a certain delay applies. They will only be valid after marriage.

Form and documents for a marriage contract in 2021

According to the norms established in Article 41 of the Family Code of the Russian Federation, a marriage contract must be concluded exclusively in writing, with the obligatory certification of the document by a notary. At the same time, there is nothing complicated in the procedure for drawing up an agreement and the main thing is to collect the entire package of necessary documents for the property of the parties and determine the terms of the agreement.

In addition, the parties will need their passports and marriage certificate if the couple is already legally married.

Drawing up a marriage contract when purchasing an apartment - real estate contract in 2021

If, when purchasing real estate (in this case, an apartment), the parties decide to enter into a marriage contract at the same time, before making the purchase, they should, first of all, determine how exactly the acquired property will belong to the couple.

For example, if the parties agree that the apartment will be included in the common property and, in the event of a divorce, will be divided equally, it is not necessary to conclude a contract, because any property benefits acquired by the parties during the marriage will, by default, be divided equally in the event of a divorce .

However, if it is assumed that the apartment being purchased will be owned only by the husband or only by the wife, you cannot do without a prenuptial agreement for real estate in 2021!

Thus, when drawing up a contract, the parties can determine that:

the purchased apartment will be the property of a specific spouse;
the property will belong to the husband and wife in shares determined by them;
the living space will become the property of the spouse to whom the right of ownership will subsequently be registered during state registration.

At the same time, when drawing up a marriage contract when purchasing an apartment with a mortgage, experienced lawyers from the Legal Aid website recommend that the parties determine the procedure and method of paying mortgage payments.

Marriage agreement on separate property - its contents

A prenuptial agreement regulates only issues related to the property of the parties.

In Art. 42 of the Insurance Code clearly defines what can be settled with the help of this contract. According to clause 1, it is determined that it is possible to make a certain property regime:

Share
Separated
Joint

It is important to note that different regimes can be assigned to each type of property. For example, fix separate ownership of cars and shared ownership of real estate that they are going to purchase.

The content of the agreement can only relate to issues of property and in no way should contradict the insurance contract. It is prohibited to enter items:

Limiting the legal capacity of any of the spouses
Prohibition of protection in court
About interpersonal relationships not only between spouses, but also with other relatives
It is prohibited to limit rights due to disability. spouse

Registration of a marriage contract after purchasing an apartment in 2021

As we already mentioned above, an apartment purchased by spouses during marriage will be part of the common or so-called jointly acquired property. However, in practice, there are situations when the role of the husband or wife in the purchase of real estate is reduced to zero, and in this case the spouse who has spent most of the money may think about drawing up a prenuptial agreement, which will act as a guarantor of ensuring his well-being in the event of a divorce.

In addition, sometimes spouses take out a mortgage on real estate, registering it only in the name of the husband or only in the name of the wife. Moreover, if the mortgage agreement is concluded before the couple enters into an official marriage, the apartment does not become part of the jointly acquired property and after the divorce it will remain at the disposal of the legal owner, that is, the one for whom the mortgage was issued. It will be almost impossible for the second spouse to prove in court the fact that he has the right to half the living space since he regularly took part in payments.

Lawyer's Note

We remind you that, according to the current legislation of the Russian Federation, in 2021 the legislator allows the registration of a marriage contract not only for certain property, but also for any property benefits that are acquired by spouses during marriage!

Current samples of a marriage contract can be found below.

How to draw up a prenuptial agreement on separate property in 2021 - a current sample

Since a marriage contract is a contract, there are two parties as its participants, as in most civil contracts. At the same time, the only condition established for this type of contract by the legislator is the following:

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All relations that are regulated by the agreement are formed solely on the condition of marriage between its parties! It is also interesting that the parties can enter into an agreement either while they are already married or in advance (for example, at the engagement stage). But, in the latter case, the document will acquire legal force only at the moment of official registration of the marriage between the parties.

So, as a typical marriage contract/agreement, according to the current legislation of the Russian Federation, it should contain the following information:

important information about the parties to the contract, including the status of the couple (married or not yet);
details of the parties;
conditions and information about the responsibilities of the parties;
the procedure for terminating the contract or the possibility of changing it;
and, in fact, information about the object of the marriage contract (property, as well as its regime regulated by the contract).

As you can see, with a proper understanding of the area of law under discussion, drawing up an agreement is not difficult ! After this, the couple will only have to contact any notary office and receive the appropriate services of a specialist who will not only certify the contract, but also check for basic errors, which may subsequently become grounds for termination of the contract.

Sample prenuptial agreement before marriage

Of course, the popularity of a prenuptial agreement in 2021 is not only due to the ease of drawing up an agreement. Many young people are increasingly entering into such a contract before the official registration of marriage, wanting to issue guarantees of their future well-being as early as possible, so that they can then completely devote themselves to wedding concerns.

Moreover, based on the text of Article 10 of the Family Code of the Russian Federation, such an agreement will automatically come into force after the marriage is registered between its parties.

Sample prenuptial agreement after marriage in 2021

In addition, a husband and wife who did not enter into a marriage contract before marriage reserve the legal right to formalize this agreement at any time, having discussed which property will become the property of one of them in full or will belong to them by right of shared ownership (the couple can establish any share size for each spouse).

Current sample of a marriage contract on separate property

Since during the premarital period, future spouses actively acquire many different things to ensure family comfort, sometimes it is quite difficult to prove who exactly owns certain property benefits.

Therefore, the most optimal way when drawing up a prenuptial agreement during a marriage for such property, lawyers believe, is to include in the agreement a clause stating that the owner of the property is the one in whose name it was registered.

Another way is to draw up additional agreements, which, in itself, will entail new costs for notary services. After all, each of these agreements requires mandatory registration with this specialist.

Registration of a marriage contract for property acquired by spouses during marriage

According to the rule established by the legislator, all property acquired by spouses after registration of marriage (except for the exceptions listed in the RF IC) belongs to them in equal shares. However, quite often it happens that a husband and wife need to divide such property. This is not difficult to do when the spouses come to a “common denominator”, independently determining which of them will become the owner of such property.

At the same time, the contract can establish not only a list of valuable things with a new regime established for them, but also a clause indicating that the legal owner of the thing is the one to whom it was registered.

Sample marriage contract for shared ownership

So, we have already mentioned above that the parties to a marriage contract have the right to allocate their own shares in the property in the contract. In this case, during divorce and division of property, conflicts between spouses almost never arise, because the other party can always receive compensation for their own share.

At the same time, shares can be allocated in almost all types of property benefits - it does not matter whether it is movable or immovable property!

Reasons

When spouses need to secure their rights to personal property, a marriage contract takes place, a sample of which is presented below, this is an agreement on separate property. The key point for signing it is that the spouses have separate property. Until such a transaction is completed, all property acquired during marriage will be considered common.

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For example, a husband buys a house together with his parents, and a wife buys a car with her personal funds. Since purchase and sale transactions were made during family life, in the event of a divorce, the spouses will have equal rights to these objects.

Important! In the absence of a contract, the legal method of division is used (in equal proportions), and it does not matter to whom the property is registered (Article 34 of the Insurance Code).

Joint property of spouses - all movable/immovable property, cash savings and deposits, shares and shares and shares in authorized capital. In order to divide the common property “fairly” and not according to the law, you will have to challenge your interests in court. Any trial entails time, financial and emotional costs. A more democratic and loyal way to resolve this situation is to conclude a marriage contract; a sample with an approximate list of items is given on the website.

Legislative norms:

Family code;
Civil Code, subsection 2;
Federal Law on Civil Acts;
Code of Civil Procedure.

Attention! Without notarial forms, it will not be possible to draw up an agreement that will receive legal force. This document must be signed by both parties and certified by a notary.

Objectives of a marriage contract:

Allocation of personal property of spouses. In the event of a divorce, each of them can dispose of their property without division;
Securing income and dividends from your own savings;
Reservation of the citizen's right to an object registered in his name (regardless of who purchased it).

The agreement applies to:

property purchased before marriage;
property acquired in the family, but with personal funds.

Important! Standard forms of agreements can be supplemented and finalized in accordance with the real situation in the marriage. The list of items is not exhaustive.