The Family Code of the Russian Federation provides for two options for managing property and finances in a married couple: legal and contractual. In the first case, the husband and wife have equal rights to jointly acquired wealth. In the second, the spouses conclude a special agreement in which they assign certain material values and funds to each. Such an agreement, called a "prenuptial agreement", receives legal force after being signed by both parties in the presence of a notary.
Necessary
- - original and copy of the marriage certificate (for spouses who have registered the marriage);
- - original and copy of the child's birth certificate;
- - the original and a copy of the certificate of ownership of real estate, land plots, transport and other property of each spouse.
Instructions
Step 1
Discuss the possibility of concluding a marriage contract with your spouse. The contract is strictly voluntary for both parties. Get ready for the fact that your "other half" will take time to make a decision. Do not rush your husband (wife), give the opportunity to think things over calmly. When confronted with resistance, do not push the person. You can return to this question later. The law allows the conclusion of an agreement both before the wedding (will come into force after official registration), and at any time after receiving a marriage certificate (will acquire legal completeness from the moment of notarization).
Step 2
Make a list of the issues that you want to be reflected in the marriage contract. The content of the agreement between the spouses is always individual in nature and depends on the variety of available material assets, the level of income and expenses of each, the presence of minor children, etc.
Step 3
You can include the following issues in a marriage contract: - rights and obligations of a husband and wife for mutual maintenance; - the procedure for each spouse's participation in general income and expenses; - the procedure for dividing property upon divorce; - rights to property that is only planned to be acquired; - personal responsibility of spouses for concluded transactions with the use of credit funds; - share of property of each spouse in a joint business, etc.
Step 4
When preparing the text of the marriage contract, make sure that three main conditions are met: 1. All provisions of the agreement regulate only property issues, without touching on the personal relations of the spouses and their obligations to the children; 2. The agreement cannot limit the legal capacity of the spouses and their right to go to court to change the agreement in their favor; 3. It is unacceptable to include in the contract clauses that contradict the principles of Russian legislation and put one of the spouses in a deliberately unfavorable position.
Step 5
Decide for how long you are entering into a prenuptial agreement. This can be the entire period of marriage, or a certain time period, for example, before the onset of any significant event for the family. The contract can be terminated at any time by mutual consent of the spouses.
Step 6
Visit a legal consultation and talk to a family law expert. Based on the specific situation, he will tell you which items need to be included in the contract additionally, and which items should be removed or changed. As a result, you will have a draft marriage contract, which must be certified by a notary.
Step 7
Contact a notary office to validate your marriage contract. In addition to the draft agreement, you need to present documents of title: a marriage certificate (if any) and a copy thereof, birth certificates of children and their copies, certificates of ownership of real estate, land plots, transport, etc. and their copies. Having considered the draft agreement, the notary will approve it in compliance with all the requirements of the law.
