Marriage agreement (contract)

Slide 1

Slide 2

The concept of a “nuptial agreement” arose in Russian legislation relatively recently. For the first time, the possibility of concluding an agreement between spouses on the procedure for owning property was mentioned in 1994 in the Civil Code Russian Federation(Article 256 “Common property of spouses”). And in the latest Family Code of the Russian Federation of 1996, a separate chapter is devoted to the marriage agreement.

Slide 3

A marriage contract provides spouses with much greater freedom in regulating material relationships in marriage than the regime joint ownership, not prohibited, however, even now. After all, the property that can appear in a family is not only a car, housing or a summer cottage. This is a firm, company and other assets, the procedure for managing which when changing life situation It is advisable to conclude an agreement in advance.

Slide 4

A prenuptial agreement can be signed before marriage and at any time during marriage. In the first case, it comes into force from the moment of registration new family, in another - immediately. The main meaning of a marriage contract is that with its support, the husband and wife have the right to change the order of joint ownership of property created or acquired during marriage, which works automatically in the absence of an agreement. It is possible to make it shared or separate for all the property of the spouses, for its individual types, or for the property of any of the spouses.

Slide 5

The marriage contract is in writing and must be notarized. A practicing lawyer or a notary can help you write it. In each case, the notary must be presented with all title papers for all real estate included in the marriage contract. For certification of a marriage contract, a state fee is charged in the amount and procedure adopted in paragraph 1 of Art. 333.24 of the Internal Revenue Code. Currently it is 500 rubles.

Slide 6

Whatever the marriage contract, it is in no way capable of limiting the legal capacity and capacity of the spouses, their right to go to court for protection, or regulating the rights and direct responsibilities of the spouses in relation to children; limit the right of a disabled, needy spouse to receive maintenance; contain other conditions that put one of the spouses in a deliberately disadvantageous position or contradict family law.

Relevance

existing

problem

regulation of property relations

spouses

Purpose of the lesson

study

legal

aspects

relations

spouses

as a species

civilian

relations

in modern

Russian law

analyze the regulation of family relations from the perspective of civil and family law;
explore the property relations of spouses, legal and contractual regime;
consider the feasibility and conditions of concluding a marriage contract;
study the pros and cons of a prenuptial agreement;
determine the attitude towards the marriage contract in Russia.

Matrimonial Property Regimes

Legal regime

Treaty regime

The right to own, use and dispose of property acquired by spouses during marriage is regulated either by law or by a marriage contract

According to the Family Code of the Russian Federation,

matrimonial property regime may be legal

(common ownership mode) and contractual (implying the preparation of a marriage contract)

If property rights are regulated by law, then a legal regime applies

If the right of ownership is regulated by contract, then the contractual regime applies

Part of the spouses’ property can be “inscribed” in the marriage contract and then the contractual regime will apply to it, and the legal regime will apply to the rest of the spouses’ property

The legal regime for the property of spouses is valid unless the marriage contract stipulates otherwise.

The legal regime for the property of spouses is the regime of joint ownership

The ability to enter into a marriage contract is related to the ability to marry.
Therefore, a marriage contract can be concluded between capable citizens who have reached the age of marriage (i.e. eighteen years).
If a person has not reached marriageable age, but has received permission from a local government body to get married, then he can enter into a marriage contract before registering the marriage with the written consent of his parents or guardians.
After marriage, the minor spouse acquires full civil legal capacity, which means he has the right to enter into a marriage contract independently.
Emancipated minors have the right to independently enter into a marriage contract upon marriage in accordance with the established procedure, since from the moment of emancipation they become fully capable.

Marriage agreement between spouses

«… first, I will never leave Marfa Petrovna and will always remain her husband; second, I won’t go anywhere without her permission; third, I will never have a permanent mistress; fourth, for this, Marfa Petrovna sometimes allows me to look at the hay girls, but not otherwise than with her secret knowledge; fifth, God forbid that I should love a woman from our class; sixth, in case of what

God forbid, if some passion, great and serious, visits me, then I must open up to Marfa Petrovna.”

"Crime and Punishment"

F.M. Dostoevsky

What can be written in a marriage contract?

1. By marriage contract, spouses have the right to establish that their property is joint property.

2. Spouses have the right to establish a regime of shared (indicating shares) property.

3. Establishment of separate property.

4. In addition to issues related to the property regime of the spouses, in the marriage contract you can define your rights and obligations regarding mutual maintenance, ways of participating in each other’s income, and the procedure for each spouse to bear family expenses.

5. Determine the property that will be transferred to each spouse in the event of divorce.

7. According to clause 3 of Article 42 of the RF IC, a marriage contract cannot limit the legal capacity or capacity of the spouses

The agreement regulates exclusively the property relations of the spouses.

Like any other

a civil law contract, a marriage contract can be changed or terminated at any time by agreement of the parties.

Reason for termination or modification of the marriage contract

there may be grounds provided for by civil law

for modification and termination

any other agreement.

Action

the marriage contract is terminated from the moment the marriage ends,

with the exception of those obligations that are provided for in the marriage contract for the period

after the end of the marriage.

Attitude towards a marriage contract in Russia

ordinary

phenomenon

In the mass consciousness Russian citizens a prenuptial agreement is perceived as something exotic.
Often the attitude towards it is negative, since the desire to regulate relations between spouses (future spouses) with a marriage contract is often considered a manifestation of lack of spirituality.
When entering into marriage, future spouses most often believe that “they will live happily ever after and die on the same day.”
It is believed that concluding a prenuptial agreement in which it is necessary to provide for how property will be divided in the event of divorce is, to say the least, unethical.

Conclusion statistics

marriage contract in Russia:

spouses, one or both of whom were already in a marital relationship and at one time went through the procedure of dividing property according to the law;
age composition – from 30 years;
among those who enter into an agreement while already married, most often these are people under 30. Moreover, the length of family life of these persons is from one to three years.
Much less often, marriage contracts are concluded by citizens aged 40 to 50 years;
of those who marry for the first time, quite at a young age If only a few people enter into an agreement, this happens at the insistence or recommendation of older relatives (parents);
agreements are concluded more often in the central regions and large cities of the country - where, for objective reasons, earnings are higher and the welfare of the population is higher
the initiators of concluding a marriage contract are men who want to insure themselves in the event of a divorce against claims from their spouse

Perhaps, over time, concluding a marriage contract will become more popular in Russia.

Of course, the bulk of the population will continue to regulate their property relations on the basis of the legal regime, but there will be a percentage of spouses who will put their property relations in the form of an agreement.

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Nimernitskaya I. A.
2018
©

Marriage contract

Agreement
persons entering into marriage,
or agreement between spouses,
defining property rights and
responsibilities of spouses in marriage and in case of
its termination.

In the West and Europe, marriage contracts have been concluded for about five hundred years.

Jan Steen
"Marriage
agreement"
1668
Hermitage,
Saint Petersburg

In 1996, the Family Code of the Russian Federation was adopted

Each
Russian
pair
received
right to
conclusion
marriage
agreement

Marriage contract and civil marriage

Russian
legislation allows
conclusion of a marriage contract for persons until
just getting ready and having already created
family.
The document comes into force from the moment
marriage registration.
Persons in civil marriage conclude such
the contract makes no sense.

Conclusion of a marriage contract

This is a right, not a duty of a citizen
Russian Federation. However, its presence
will be able to get a divorce (and this can
happen with a probability of 30% to 60%:
This is the percentage of divorces among married couples
today) as humane as possible and less
traumatic
for all parties, including children

To conclude a marriage agreement you must:

Enlist
consent of the future spouse
(spouses)
Make a list with the help of a lawyer
major and minor
agreements and the text itself
agreement
Notarize the document

Conclusion of a marriage contract

Allowed both before marriage and at any time
moment of state in marital relations.
However, if the marriage contract
is concluded before marriage registration, then
it is valid only from the moment it is
registration

Marriage contract and budget savings

Conflict-free
division of property
will save money.
The court fee depends on the price
claim, which is calculated based on
the value of the subject of the dispute (at a cost
apartments for 2 million rubles. state duty
will be 18.2 thousand.
Certification of a marriage contract costs 900
rub.
In difficult situations it is better to hire
lawyer.

Document.
Written
agreement between parties
into marriage, which determines
property rights and obligations
spouses during marriage and after divorce.

Form for concluding a marriage contract

He
must be
notarized, otherwise does not have
legal force (Article 165
Civil Code of the Russian Federation).

The marriage contract is terminated
its action when
divorce
except
those of its provisions
which determine
rights and responsibilities
ex-spouses
for the post-marital period.

Duration of the marriage contract

IN
the document itself can be clarified, it will be
he (its individual conditions) act
specific time period or
indefinitely.
Before the official divorce, a prenuptial agreement
can be terminated or adjusted.
This step requires the consent of both
spouses, or the dissenting party
will have to go to court.

Required documents

passport
each spouse;
marriage registration certificate
(if the marriage is registered);
documents confirming the right
ownership of movable or
real estate.

Marriage contract and notary

WITH
July 2014 in our country
there is a unified information
notary system.
This information environment among
other things includes registry
notarized marriage documents
contracts.

Statistics of marriage contracts

Registry
replenished monthly
information about three to five thousand new
marriage contracts concluded under
all over Russia.
The register receives information about
changes in existing contracts
(300-500 certificates per month) and about
their termination (about 150 per month)

Legal norm

Opportunity
marriage contract
of the contract is provided for in Article 40
Family Code of the Russian
Federation.
The prenuptial agreement changes the usual
(legal) joint regime
property of the spouses.

Advantages of a prenuptial agreement

It allows you to determine what type
property will be used in
marriage in respect of all property or
parts of it. If the marriage contract is not
established otherwise, in marriage between spouses
joint property: all property
goes to the general
property of spouses without
determination of shares

Joint ownership regime

By
by default, the property is in
possession, use and disposal
spouses without determining shares.
Disposal of such property
carried out by agreement of both
spouses, regardless of who
it is framed and, accordingly, who
makes one or another transaction in
regarding this property.

Spouse's personal property

IN
personal property of each
the spouses are
Premarital property
Property received by
gratuitous transactions (donation,
will)
Everyone's personal belongings.

Specifics of the marriage contract

Law
(Clause 1 of Article 42 of the UK) allows you to distribute
its effect as on property, already
acquired at the time of conclusion of the contract
(including before marriage), and on property,
acquired later over the course of
existence of marriage.
Without a contract, premarital property will remain
to whom it belonged before the wedding

Main issues raised by prenuptial agreements

Real estate
mentioned in 90%
marriage agreements signed by the parties
contracts.
The freedom of the owner from
consent of the second party to the concluded
transactions.

In the absence of a marriage contract

All
What is acquired during marriage is divided in half. Not
winnings and personal payments are subject to division
(alimony, etc.), personal prizes (Nobel
and the like).
Personal belongings remain to those who own them
used except for items
luxury and antiques.

Changing mode

In a marriage contract you can
provide that co-op mode
only applies to part
property.
Or co-op mode?
extend to property that is
is legally personal property
each spouse (for example,
premarital or received as a gift).

Shared ownership regime

For
each spouse has a specific
share in the ownership of property.
Possession and use of such property
carried out by agreement of both
spouses.
However, each spouse has the right in his own way
discretion to sell, donate, bequeath,
pledge your share or dispose of
by her in any other way in compliance with the rule on
pre-emptive right to purchase a share
by the second spouse when selling it to the third
persons

Separate property regime

Property
is personal property
one of the spouses.
Possession, use and disposal
such property is carried out
by the owner-spouse at his discretion
without taking into account the opinion of the second spouse
The regime is beneficial for spouses, one of them
who have children from a previous marriage,
since in the event of the death of the spouse-parent, his
children will not be able to claim property
second spouse.

Separate modes of property use

At
separate use of property
there is a temptation to use the scheme when
the debtor spouse “rewrites” everything
property in the name of a non-debtor.
But this is prohibited by law.
It is the spouses' responsibility to notify
creditors about the marriage contract being concluded,
as well as about changes in its conditions or about its
termination.

Modes

In a marriage contract it is possible
application of one of the modes or their
combinations.
Property that is not provided
contract will be considered joint
property of the spouses

Examples of relationships stipulated by contract

IN
spouses can prescribe in a marriage contract
answers to the following questions.
Who should bear what expenses – up to and including
who will pay for utilities?
Who is obligated to support whom in the family and to what extent?
conditions?
In what forms do the parties participate in income?
each other?
How will the parties divide the property?
case of divorce?

Alimony obligations

It is possible to establish by a marriage contract
the amount of funds received during the period (and
after the dissolution of marriage by spouses each
from a friend, with one exception: you can't
limit the rights of a disabled person,
needy spouse

It is not allowed in a marriage contract

Limit
legal capacity or
legal capacity of spouses,
Or their right to go to court for protection
your rights;
Regulate personal non-property
relations between spouses, rights and
responsibilities of spouses in relation to children;
Negotiate conditions that place one of the
spouses in extremely unfavorable
position or contrary to fundamental
the beginnings of family law

Marriage contract and law

needy
disabled spouse
will receive alimony within the limits
established by law, outside
depending on the provisions of the marriage
agreement.

What governs a marriage contract?

A prenuptial agreement may
regulate only
property
relationship.
Any of its conditions
concerning
non-property
relations
spouses,
are invalid.

For example, include...

Items
about marital fidelity
About household duties, for example, about
that the husband undertakes to take out the trash,
and my wife cooks breakfast every day,
lunch and dinner.
Set a reward for
birth of a child.
Resolve the issue of children living in
case of divorce

Marriage contract and children

Marriage
the contract cannot reduce
children's rights established
Family Code.
This concerns content issues.
child, ensuring that he receives
education, children's rights to
real estate and so on.

Invalidity of the marriage contract

Marriage
the agreement can be recognized
completely invalid by the court
or in part on the grounds
provided for by the Civil
Code of the Russian Federation for invalidity
transactions.

Invalidity of the marriage contract

If
the content of the agreement contradicts
civil or family
legislation
If one of the signatories of the document
parties are incapacitated
face.
If the court invalidates the
marriage
If “the document was signed for the purpose of
contrary to the principles of morality and
law and order."

An example of invalidating a marriage contract as a transaction

Someone
will try a prenuptial agreement
disguise a purchase deal
real estate.
According to Article 167 of the Civil Code of the Russian Federation, in this case
each party is obliged to return to the other
everything received under the transaction.

A marriage contract can be challenged if...

Once
concluded marriage contract
brought the plaintiff “in extreme
unfavorable situation."
For example, if in a fit of feelings one
of the spouses transferred everything to the other
property, and then he himself is left with nothing
how.

Mortgage and marriage

At
applying for a mortgage would be good
draw up a marriage contract in which
register property relations
spouses regarding this apartment.
For example, indicate that the apartment remains
wife (or husband, or the one for whom
framed...).
Then, when dividing property, the court will
proceed from the terms of the marriage contract.

Mortgage and divorce

If
you and your husband pay the mortgage, then
during a divorce, the most reasonable thing to do is to ask the bank to split the loan into two
parts so that you and your ex-spouse
could make equal payments
mortgage and did not depend in any way on income
each other.

Examples of debt division

Debt
on a mortgage loan
for an apartment purchased during the period
marriage and being together
acquired property, in which
both spouses lived, maybe
divided between ex-spouses
in proportion to shares in this
apartment awarded during division
property.

Marriage and credit

If
the loan is taken out during marriage,
it is understood that the money goes to
both spouses. So, give them away
the two of them must.
The situation can be changed through the courts,
proving that you have nothing to do with
this loan.

Divorce and credit

General
debts of spouses upon division
common property of spouses
distributed between spouses
in proportion to what they were awarded at
divorce shares.
For the obligations of one of the spouses
recovery can only be made
on the property of that spouse

Examples of debt division

Debt
by credit card,
which one of the spouses uses,
in case of divorce it will be recognized as his personal
obligation.

Divorce statistics

Monthly
in the country it is terminated 50-80
thousand marriages.
Divorce is accompanied by partition
property in half the cases.
Advance registration
a marriage contract would allow
citizens should avoid property
disputes.

Legal incidents

CASE - (lat. casus case).
Difficulty or
a wonderful incident.

About the benefits of a marriage contract

If there is no prenuptial agreement...

List of Materials Used

https://pravo.rg.ru/rubrics/question/1737/
http://www.bn.ru/articles/2014/10/21/19732
0.html
http://o-brake.narod.ru/
http://www.aif.ru/dontknows/eternal/11964
37
http://azbuka.consultant.ru/cons_doc_PBI_

Description of the presentation by individual slides:

2 slide

Slide description:

3 slide

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4 slide

Slide description:

The contractual regime of ownership of property, as an alternative to the common joint property of spouses, first appeared in the Civil Code of the Russian Federation on January 1, 1995. “Property acquired during marriage is the joint property of the spouses, unless a different regime for this property is established by agreement between them” Part 1 Clause 1, Article 256. On March 1, 1996, a new Family Code was adopted (a chapter on marriage contracts appeared). 7761

5 slide

Slide description:

Let's assume that Russians rarely enter into prenuptial agreements because: they are happy in their marriage and do not intend to get divorced; are confident that they will be able to resolve all differences without resorting to outside help; “there’s nothing to share anyway,” so they don’t see the point in paying extra money for notary services; they are afraid to commit themselves without having clear ideas about their “tomorrow”; cannot overcome moral barriers, feelings of awkwardness, shame; little is known about what a prenuptial agreement actually is.

6 slide

Slide description:

From the above assumptions, one can form a primary idea on this topic. A prenuptial agreement is a document; associated with marriage and divorce; necessary to avoid the undesirable consequences of divorce; is to "divide"; imposes obligations; certified by a notary.

7 slide

Slide description:

Results of the survey on the topic: “The attitude of Russian citizens to the marriage contract” 76 respondents were interviewed. Questions: 1. What do you think, what is it for? marriage contract? 2. Do you think that it would be useful for you to draw up such a document? 3. Would you like to conclude a marriage contract in the near future? 7761

8 slide

Slide description:

Answers to 1 question: “Why do you think a marriage contract is needed?” - preserve your property; - avoid conflict when dividing property; save good relationship with the former spouse and his relatives; - protect your interests; - avoid nervous shock when dividing property; - divide property fairly; - I find it difficult to answer – 2 answers. 7761

Slide 9

Slide description:

Answers to question 2: “Do you think it would be useful for you to draw up such a document?” “yes” - 3; “no” - 50; “I find it difficult to answer” - 23. Answers to question 3: “Would you like to conclude a marriage contract in the near future?” “yes” - 0; “no” - 62; “I find it difficult to answer” - 9. 7761

10 slide

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11 slide

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Conclusion: The respondents have only a general idea of what a marriage contract is, since the answers contain information only about property law and only consider an example of divorce; The overwhelming majority recognizes its positive significance, but at the same time, only 2.28% of respondents believe that they should draw up such a document; On at the moment 0% of respondents are ready to enter into a marriage contract. 7761

12 slide

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Slide 13

Slide description:

According to Art. 40 of the RF IC “a marriage contract is an agreement between the persons entering into marriage or an agreement between the spouses defining the property rights and obligations of the spouses in the marriage and (or) in the event of its dissolution.” The Russian marriage contract defines only the property relations of the spouses (Part 3 of Article 42 of the RF IC). According to Article 41 of the RF IC, a marriage contract is concluded in writing and is subject to mandatory notarization. The concept of a marriage contract.

Slide 14

Slide description:

Marriage- prerequisite. A marriage contract is a type of civil law contract and must comply with the requirements of the Civil Code of the Russian Federation. Provides many alternative options definitions property rights and responsibilities of spouses, allows you to foresee in advance problematic situations that may arise in the future, protect yourself from them negative consequences. 7761

15 slide

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16 slide

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By establishing a regime of shared ownership, the parties to a marriage contract abandon the legal regime of common joint ownership and establish shared ownership of individual items of property. (notarized consent of the other spouse). Shared ownership of specific objects for objects defined by generic characteristics Wording: “an apartment located at such and such an address belongs to the spouses by the right of common shared ownership, and the shares of the spouses are recognized as equal” Wording: “any real estate acquired during marriage belongs to the spouses by right of common shared ownership, and the spouse owns 1/3 share in the ownership of the acquired real estate, and the spouse owns 2/3.”

Slide 17

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18 slide

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The specified agreement is drawn up in writing and must be notarized.

Slide 19

Slide description:

Conditions that cannot be included in a marriage contract: Examples: conditions limiting the ability of spouses to have civil rights and bear civil responsibilities recognized by law (legal capacity); the condition cannot be included that one of the spouses, in the event of a divorce, will leave the common apartment and look for another shelter (in this case, the right to housing is limited); conditions limiting the legal capacity of the spouses (depriving them of the opportunity to act on their own behalf and bear responsibility for this); it is impossible to agree that one of the spouses will not be able to sell their personal property without the consent of the other ( this is the right of every owner to dispose of their belongings at their own discretion) conditions limiting the right of spouses to go to court to file a claim to change, terminate or invalidate a marriage contract, to engage in entrepreneurial activity, to receive income, to make a will, to accept an inheritance.

20 slide

Slide description:

Conditions that cannot be included in a marriage contract: Examples: conditions regulating other non-property relations of the spouses; the spouse cannot be obliged to change his surname during a divorce to a premarital one; conditions regulating the rights and obligations of the spouses in relation to children - these are also non-property relations; the right of the other parent cannot be limited. seeing the child after divorce conditions limiting the right of a disabled spouse to receive maintenance provided for by law conditions that put one of the spouses in an extremely unfavorable position it cannot be decided that in the event of a divorce one of the spouses will not receive a penny of money or a single thing