The marriage contract is a notarized document in which the conditions relating to the property interests of spouses are prescribed, including with a possible divorce. The conclusion of such an agreement is regulated by law, namely, the Family Code (SC) of the Russian Federation, Articles 40 and 41.
The marriage agreement performs the following functions:
- documented the rights to the ownership of spouses received before the wedding;
- determines the rights to property objects that will be purchased during a joint residence;
- distributes revenues obtained by spouses, personal and general;
- fixes the procedure for the separation of property objects and the obligations for alimony with a possible official break of relations.
The procedure for concluding a marriage contract
This document must be decorated in writing and is certified by a notary. Only in this case it will have the status of an official document. If the marriage agreement lies between persons who have not yet entered into official relations, this document will be legal force only after marriage (Art. 41 of the RF IC).
Short algorithm action
- Spouses (or future spouses) in writing constitute a marriage agreement in which the property relationships prescribed in detail. The document must be in 3 copies: one each of the parties and the third - for storage in a notarized archive.
- Spouses collect a package of documents, this can be read about it in more detail in the article Next.
- The marriage contract is concluded and certified by the state or private notary (Art. 41 of the RF IC).
Notary actions:- checks civilian passports of spouses and other documents submitted;
- visually determines the capacity of citizens;
- checks the text of the contract for compliance with the current legislation;
- the notary is entitled not only to assure the existing agreement, but, if necessary, help in its compilation. This service is subject to additional payment;
- completes the marriage agreement and makes a record of this in a special registry.
- Spouses pay the services received and receive instances of a document certified by a notary, on hand.
Conditions for the conclusion of a marriage contract and its termination
The marriage agreement can be issued both before marriage and after its design. The entry into force on legal force is possible only if there are officially concluded marriage relations. Registration of a marriage contract between persons consisting in civil marriage is impossible (Art. 21 of the RF IC).
The marriage contract is considered terminated if:
- spouses officially divorced;
- one of the spouses died;
- one of the spouses is officially recognized as incapable;
- with mutual consent and assurances of the fact of termination of the Agreement in the notary.
Cost of registration and necessary documents
In order for the marriage contract to become legal force, the documents must be submitted to the notary:
- directly agreement in 3 copies;
- civilian passports of citizens issuing a contract;
- marriage certificate if he is already decorated;
- documents confirming the availability of objects of objects that are subject to the contract. It can be real estate, transport, bank accounts, shares, etc. It is worth noting that this concerns only the property, is married, therefore applies only to persons who wish to arrange a marriage agreement, already being married. Property that came from spouses before the wedding, according to the legislation, is their personal property and cannot be separated.
The service assurance of the marriage contract in the notary is paid, the cost is made up of 2 components:
- services notaries - 500 rubles, according to Art. 333.24, paragraph 10 of the Tax Code (NK) of the Russian Federation;
- services for the preparation of a marriage contract or make adjustments to the already existing one. Rates for this service vary in a very wide range, from 3,000 to 20,000 rubles. The cost depends on the tariffs of a specific notary (lawyer) and the complexity of the document being drawn up.
How to conclude a marriage contract - lawyer will tell:
Conclusion of the contract during marriage
It is possible to arrange a marriage agreement not only by the bride and groom, but also after several years of living together. Most often, such a solution arises from spouses with a changed material status of the family or with the disagreements that have arisen about jointly proven property. The contract becomes valid immediately after its signing or in another time, designated in the document.
- it is incorrectly compiled
- marriage was terminated in the registry office or court
- one of the spouses makes the requirement for recognizing the contract invalid due to the fact that he puts the side into an unfavorable position.
The subject of the marriage contract of spouses is the property facilities already acquired in marriage and property that will be received in marriage in the future. At the same time, spouses can determine the ownership of each of the property facilities in the document:
- by law, i.e., property will be joint property;
- determine the contractual regime of property, i.e., choose another order of ownership. For example, spouses can divide among themselves both property objects and debt obligations.
From all of the above, we can conclude: the conclusion of a marriage contract is a convenient option for regulating property relations in marriage.
All questions of interest can be asked in the comments to the article.