Marriage contract presentation. Presentation "Family and marriage" presentation for a lesson in social studies (grade 11) on the topic. Examples of relationships stipulated by the contract

COMPLETED: Sold
Julia
DGU 121b;
Moskovchenko Tatiana

Japan

In Japan, a prenuptial agreement is valid only if it is
conclusions before filing an application for marriage
(Article 755 of the Civil Code of Japan). Agreement concluded after entry
into marriage, is subject to annulment, and then the property
relations between spouses are regulated by the norms of the Civil Code, i.e.
legal regime comes into effect. Moreover, after
filing an application for marriage
Japanese law cannot be changed. His
amendment is permitted only if the contract itself
contains a provision on the procedure for its change and
provisions correspond to the established procedure (Article 759
Civil Code of Japan).

USA

When drafting the terms of marriage contracts
Americans can foresee practically
all. It is impossible only to distinguish between participation in
raising children and decide with which spouse they
will remain as a result of the divorce. However, this is not
means that you can get into bondage -
US courts have the power to decide how
fair
conditions
marriage
contract.
Folk e
creation
American
"contract" knows no boundaries. For example, in
one real document of the spouse
pledged to “communicate with each other at least
half an hour a day” and “make sure that the car has
at least half a tank of fuel."

Israel

Marriage without a marriage contract - "Ktubs" in
Israel is not included. It is interesting that in
this
document
are listed
exclusively
responsibilities
husband
on
attitude towards his wife. "Ktuba" is certified by two
witnesses, consists of the main part and
two additions. Contents of the main part
has not changed since the compilation of the Talmud -
in monetary units, the amount is indicated,
which
must
pay
wife
husband,
insisted on unreasonable from the point
vision
rabbinical
court
divorce e.
On the
today is determined by the amount of 10
one thousand dollars.

China

Some semblance of a marriage contract exists in
Under heaven in the spring from time immemorial in ekov. After marriage,
traditions,
families
exchange
marriage
guarantees,
which
should
be
set out on paper in red, which is
symbol
good luck
and
happiness.
Content
"red" prenuptial agreement includes
information about the bride and groom and their families. Ibid
the amount of the ransom paid for the missing is indicated.
And not a single word about how it divides
property after a divorce, because everyone believes
that marriage is for life. Chinese
We are convinced that if one of the couple
you need a contract with a section, it means
that he or she does not need marriage itself.

India

The drawing up of marriage contracts is not accepted and
not recognized by law. One of the reasons for this is
the widely held opinion that
marriage can be only one and for life, and
because
drafting
such
contract
is seen as an intention to make an alliance with
to terminate it after some time.
However, it is possible that soon the stereotype will sink into
Fly: Divorce rates in India are on the rise and
not caustic cases when a spouse hides some
income from his betrothed. Therefore, some
lawyers
advise
steam,
wishing
to secure your future in the event of the collapse of the family,
marry and get married in those countries where e
such documents are recognized by law.

Thailand

Marriage
treaty
in
most
I eat my
are concluded in pairs, where there are foreign spouses. And it's not right, it's real
duty. The Immutable Law of the Kingdom
states that a foreigner has no right
land ownership in Thailand e. Therefore, if in
flow
family
life
pair,
all of a sudden,
decides to buy land, then the purchase should
precede
drafting
contracts,
in
which the foreign spouse agrees to
the fact that in the future he will not have any
rights to this property, and that after the divorce
the land remains only in the property
Thai spouse.

Greece

At
Greeks
common
Contract
about
cohabitation e,
being
likeness
marriage contract. It lies between
spouses who, although "legitimize" their
relations,
but
Bye
not
are planning
enter into a formal marriage. That is, such
the contract is drawn up and is valid only
before
weddings.
After
Togo,
as
pair
registers
their
relations
officially, the document loses its validity.
Greek law specifies that
cohabitation contract cannot be
concluded between people who are already members of
marriage, between relatives, and
between adoptees and adopters.

Muslim countries

Syrian legislation (art. 61,62),
Jordan
(art.
55),
YAR
(art.
34),
Egyptian law (art. 18 of Law N
25
from
1929)
envisaged
in
"marriage contracts" the size of the mahr, i.e.
payment
husband
marriage
ransom,
on the
which the wife is entitled to receive
after the conclusion of the marriage contract. Article
18
Algerian
Family
ex code
also regulates marriage contracts,
marriage
treaty
maybe
be
zar registered
competent
communal
institution,
an authorized officer of the court.

Brazil and Argentina

In Argentina, the law civil marriage
considers
also
conclusion
marriage
contracts
(art.
52),
in
Brazilian Civil Code exe 1916
year, as well as in the Marriage Law of
05/23/1950 there are in detail
developed norms concerning the general
and separate property of the spouses.

Ukraine

According to the legislation of Ukraine, “the right of one’s own free will to conclude
an agreement on the decision of family life (marriage contract) is possessed only by persons
entering into marriage” (Article 27-1 Code of Marriage and Family of Ukraine). incident
lies in the fact that the relevant article (27-1) is called “Right
spouses to conclude a marriage contract. The procedure for concluding a marriage
contract (approved by the Resolution of the Cabinet of Ministers of Ukraine dated 16
June 1993, No. 457) textually reproduces this norm in the code of the ex. Except
In addition, this document defines that in the event of a decrease in marriageable age in
according
with
current
legislation
marriage
Contract
minors is concluded with the consent of their parents or legal
representatives (clause 5).
In general, in the Family Code of Ukraine, special attention is paid to the institution
marriage contract, to which a separate chapter is devoted. Marriage contract
can be concluded by persons who have submitted an application for marriage registration, and
also spouses (previously, a marriage contract could be concluded only with
state registration of marriage, and not after it). A marriage contract can
be changed by the spouses, and in some cases by the court. Marriage form
contracts - written, with obligatory notarial certification.
The subject of regulation of the marriage contract are only property
relations between spouses, he cannot regulate personal relations
spouses, as well as personal relationships between them and children. In the marriage contract
the property that the wife, the husband transfers for
use for the general needs of the family, as well as the legal regime
property donated to spouses in connection with marriage registration. The parties may
include in the prenuptial agreement any other conditions regarding the legal
property regime, if they do not contradict the moral foundations of society.
According to the marriage contract, it cannot be transferred into the ownership of one of the spouses
immovable and other property, the right to which is subject to state registration.

France

French Civil Code ex of March 21, 1804 (FGC)
Title V of Book Three “On the Marriage Agreement and the Regime
property relations between spouses” governs
legal and contractual regimes of property of spouses (art.
1387-1581 FGK). marriage contract must be completed before
marriage and comes into force from the moment of registration
marriage (Art. 1395 FGK)
The provisions of the marriage contract must not contradict
good morals (Art. 1387 FGK). Written form of marriage
contract, notarial approval, consent of the parties and
the participation of witnesses are enshrined in Art. 1394 FGK.
In Art. 1397-3 FCC (introduced by Law No. 97-987 of October 28
1997) establishes an imperative norm of publicity
marriage
contracts.
"If a
one
from
spouses
is an
a merchant during marriage or became one thereafter, an act
definitions of applicable law are published subject to the terms and
under penalty of sanctions provided by the regulations,
relating to the commercial register and the register of companies”

Italy

In Italy, property relations of spouses are regulated
Italian Civil Code of 16 March 1942 (book
first,
title
sixth).
Conclusion
marriage
agreements
regulated by Art. 162 of this ex code. Marriage contract
subject to mandatory registration with the local authority
and, if it concerns immovable property, in the authority,
registering real estate transactions. "Feature
marriage contract in Italy is that the contract can
be provided for the rights and obligations of third parties
(for example, a creditor of one of the spouses), complete personal
the details of which are included in the contract"
On September 1, 1995, Law No. 218 of 31
May 1995 "Reform of the Italian system of international
private law”, in chapter IV of which “ Family relationships» item 1
Art. 30 defines property relations between spouses
in mixed marriages: “Property relations between
spouses are governed by the law applicable to personal
relations between them, or the law of the country, a citizen
which at least one of them is, or the right of the country, to
the territory of which one of them resides” Agreement between
spouses
about
subject
application
right
is an
valid if it is recognized as such in accordance with
with the law chosen by the spouses or the law of the country of the place
conclusion of an agreement.

Switzerland

In Switzerland, the provisions of the 1904 Civil Code (CCC) have been
significant changes as a result of the reform family law(1973-1985). Significant changes have been made to the second book of the SHGK
federal law of 26.06.1998
The SGC allows spouses to change the legal regime of property to
negotiated through the conclusion of a marriage contract. At the same time, "marriage
the contract can be combined with the hereditary pact, which fixes
the share of one of the spouses in the event of the death of the other. Exercise of rights and
fulfillment of the obligations stipulated by the marriage contract must
be conscientious (clause 2, article 2 of the Civil Code). When joining a marriage contract with
The hereditary pact established restrictions to protect the interests
certain categories of heirs (Art. 216, 241 SCC).
On January 1, 1989, the Federal Law on
Private International Law 1987, art. 52 which she closed, that:
1) the regime of property relations between spouses is determined by
the law chosen by the spouses;
2) spouses may choose the law of the state in which they both have
place of residence or will have a place of residence after the conclusion
marriage, or the right of the State of citizenship of one of them.
According to Art. 56 “A marriage contract is effective in terms of form if
its shape corresponds to the requirements of the applied material
law or the law of the place where the contract was concluded.

Poland

In Poland, the legal relations of spouses are regulated, before
total, by the norms of the Code of the Exa on the family and guardianship (CSR) of February 25
1964
G.
(title
I
"Matrimony"
includes
sections,
regulating issues of marriage, property
relations of spouses, etc.). July 1, 1965 entered into force
Law of 1965 on Private International Law, section V
"Marriage" of which Art. 17, § 2 defines:
“Property relations arising from property
marriage contract are governed by general national law
parties at the time of conclusion of the contract.
In the absence of a common national law, spouses may
apply the law of the state in which both spouses have
place of residence, and if the spouses do not have a place
residence in the same state e, applies
Polish law (art. 17, § 3).
Poland also provides for the registration of marriage
contracts in a special register for the possibility of obtaining
necessary
information
interested
persons
(in
in particular, creditors).

The Republic of Kazakhstan

Law of the Republic of Kazakhstan "On marriage and
seven e” dated December 17, 1998 (hereinafter referred to as the RK LOBS)
and the Civil Code of the Republic of Kazakhstan
(general part), adopted on December 27, 1994 and
which entered into force on March 1, 1995 (hereinafter - the Civil Code
RK). According to the Law of the Republic of Kazakhstan, relations in general
property
spouses
assigned
to
subject
regulation
family
legislation.
Norms
civil
legislation
apply only when these relations
will be
not
ur regulated
marriage and family
legislation
and
not
contrary to the essence of marriage and family
relations, i.e. in a subsidiary manner (clause 1 of Art.
5
ZoBS
RK).
This
norm
emphasizes
a priority
family
legislation
in
regulation
property
relations
spouses.

the Russian Federation

Definition
According to Article 40 of the RF IC
"marriage contract
the agreement of persons is recognized,
getting married, or
spouse agreement,
defining
property rights and
duties of spouses in marriage
and/or in case of
termination"

Specificity
Russian marriage
The agreement only defines
property relations
spouses and cannot
define, for example,
personal relationships,
responsibilities of spouses
raising children, maintaining
farms, etc.

Marriage
agreements
1. Prenuptial agreement
can be concluded as
to state
registration of conclusion
marriage, and in any
time during marriage.
2. Marriage contract
lies in
writing and
subject to notarial
certificate.

Description of the presentation on individual slides:

2 slide

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3 slide

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4 slide

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

5 slide

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Suppose that Russians rarely enter into marriage contracts because: they are happily married and are not going to get divorced; confident that they will be able to resolve all differences without resorting to outside help; “there is nothing to share anyway”, therefore they see no reason to pay extra money for notary services; they are afraid to bind themselves with obligations, not having clear ideas about their “tomorrow”; cannot overcome moral barriers, embarrassment, shame; little is known about what a prenuptial agreement actually is.

6 slide

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

7 slide

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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 a marriage contract is for? 2. Do you think 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

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Answers to 1 question: “What do you think a marriage contract is for?” - keep your property; - avoid conflict in the division of property; save good relationship with former spouse and his relatives; - protect your interests; - avoid nervous shocks during the division of property; - fair division of property; - I find it difficult to answer - 2 answers. 7761

9 slide

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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 the 3rd question: “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: Respondents have only a general idea of what a prenuptial agreement is, since the answers contain information only about property rights and only the example of divorce is considered; The vast majority recognizes its positive value, but at the same time, only 2.28% of the respondents believe that they should draw up such a document; On the this moment, are ready to conclude a marriage contract - 0% of respondents. 7761

12 slide

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13 slide

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According to Art. 40 of the Family Code of the Russian Federation "a marriage contract is an agreement between persons entering into marriage, or an agreement between spouses that determines the property rights and obligations of spouses in marriage and (or) in the event of its dissolution." The Russian marriage contract defines only the property relations of the spouses (part 3, 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.

14 slide

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Marriage is a must. A marriage contract is a kind of civil law contracts and must comply with the requirements of the Civil Code of the Russian Federation. Provides many alternative options for determining the property rights and obligations of the spouses, allows you to foresee 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 the regime of shared ownership, the parties to the marriage contract renounce the legal regime of common joint ownership and establish shared ownership of individual property objects. (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 on the basis of common shared ownership, and the shares of the spouses are recognized as equal” Wording: “any immovable property acquired in marriage belongs to the spouses on the basis of common shared ownership, and the spouse owns 1/3 of the share in the ownership of the acquired property, and the spouse - 2/3 "

17 slide

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18 slide

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This agreement is drawn up in writing and must be notarized.

19 slide

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Conditions that cannot be included in a marriage contract: Examples: conditions that restrict the ability of spouses to have civil rights and bear civil obligations recognized by law (legal capacity) cannot include a condition that one of the spouses, in the event of a divorce, will leave the common apartment and seek other shelter (in this case, the right to housing is limited) conditions that limit the legal capacity of the spouses (deprive 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 each owner to dispose of their belongings at their own discretion) conditions that limit the right of spouses to go to court to apply to the court with a claim to change, terminate or invalidate a marriage contract, engage in entrepreneurial activities, receive income, bequeath, accept an inheritance.

20 slide

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Conditions that cannot be included in a marriage contract: Examples: conditions governing other non-property relations of spouses, it is impossible to oblige a spouse to change his surname to a premarital one upon divorce; conditions governing the rights and obligations of spouses in relation to children - these are also non-property relations; to see a child after a divorce conditions that limit 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 and not a single thing

slide 1

slide 2

The concept of "marriage contract" 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 of the Russian Federation (Article 256 "Common Property of Spouses"). And in the last Family Code of the Russian Federation of 1996, a separate chapter is given to the marriage agreement.

slide 3

A prenuptial agreement gives spouses much greater freedom in regulating material relationships in marriage than the regime of joint property, which is 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, on the procedure for managing which, when the life situation changes, it is advisable to conclude an agreement in advance.

slide 4

A prenuptial agreement can be signed both 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 the 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 in marriage, which works automatically in the absence of an agreement. It is possible to make it shared or separate on all the property of the spouses, on its separate types, or on the property of any of the spouses.

slide 5

The marriage contract is in writing and is subject to notarization. It can be written by a practicing lawyer or directly by a notary. In each case, the notary must be presented with all title deeds for all immovable property included in the marriage contract. For the certification of the marriage contract, a state fee is charged in the amount and in the manner adopted by paragraph 1 of Art. 333.24 of the Tax Code. At present, it is 500 rubles.

slide 6

Whatever the marriage contract is, it is in no way capable of restricting the legal capacity and legal capacity of the spouses, their right to apply to the court for protection, regulate the rights and direct obligations of the spouses in relation to children; restrict 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

The purpose of the lesson

study

legal

aspects

relations

spouses

as a species

civil

relations

in modern

Russian law

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

Spousal 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

(co-ownership regime) and contractual (implying the drawing up of a marriage contract)

If the right to property is regulated by law, then the legal regime applies

If the right of ownership is governed by a contract, then the contractual regime applies.

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

The legal regime of property of spouses is valid, unless otherwise provided by the marriage contract.

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

The ability to conclude a marriage contract is related to the ability to enter into marriage.
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 the authority local government to enter into marriage, it may conclude a marriage contract before the registration of marriage with the written consent of the parents or guardians.
After marriage, the minor spouse acquires civil capacity in full, which means that he has the right to conclude a marriage contract on his own.
Emancipated minors have the right to independently conclude a marriage contract upon entering into marriage in accordance with the established procedure, since from the moment of emancipation they become fully capable.

Marriage contract of spouses

«… first I will never leave Marfa Petrovna and will always be her husband; second, without her permission, I will not leave anywhere; third, I will never have a permanent mistress; fourth, for this Marfa Petrovna sometimes allows me to take a look at the hay girls, but only with her secret knowledge; fifth, God save me to love a woman from our class; sixth if just in case

God forbid, some passion, big and serious, will visit me, then I must open up to Marfa Petrovna.

"Crime and Punishment"

F.M. Dostoevsky

What can be written in a prenuptial agreement?

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

2. Spouses have the right to establish a mode of shared (with an indication of shares) ownership.

3. Establishment of separate property.

4. In addition to issues relating to the regime of property of the spouses, the marriage contract can determine their rights and obligations for mutual maintenance, ways of participating in each other's income, the procedure for each of the spouses to bear family expenses.

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

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

The contract regulates exclusively the property relations of the spouses.

Like any other

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

The reason for the termination or change of the marriage contract

there may be grounds provided for by civil law

to change and cancel

any other contract.

Action

the marriage contract is terminated from the moment of termination of the marriage,

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

after the end of the marriage.

Attitude to the marriage contract in Russia

mundane

phenomenon

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

Conclusion Statistics

marriage contract in Russia:

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

Perhaps, over time, in Russia, the conclusion of a marriage contract will become more popular.

Undoubtedly, the bulk of the population will continue to regulate their property relations on the basis of a legal regime, but a percentage of spouses will stand out who will dress their property relations in the form of a contract.

Nimernitskaya I. A.
2018
©

Marriage contract

Agreement
people who are getting married
or the agreement of the spouses,
defining property rights and
obligations of spouses in marriage and in the event of
its termination.

In the West and in Europe, a marriage contract has been concluded for about five hundred years.

Jan Steen
"Marriage
contract"
1668
Hermitage,
St. Petersburg

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

Each
Russian
pair
received
right to
conclusion
marriage
agreements

Marriage contract and civil marriage

Russian
legislation allows
entering into a marriage contract with persons
only gathering and already created
family.
The document comes into force from the moment
marriage registration.
Persons in a civil marriage enter into such
the contract makes no sense.

Conclusion of a marriage contract

It is a right, not a duty, of a citizen.
Russian Federation. However, its presence
will be able to make a divorce (and this can
happen with a probability of 30% to 60%:
the divorce rate 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 of the
agreements
Get a document certified by a notary

Conclusion of a marriage contract

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

Marriage contract and budget savings

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

Marriage agreement (contract)

Document.
Written
agreement of persons entering
into marriage, which defines
property rights and obligations
spouses during marriage and after divorce.

Form of concluding a marriage contract

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

The marriage contract is terminated
its action at
divorce
with the exception of
those provisions,
which determine
rights and obligations
former spouses
for the post-marital period.

The duration of the marriage contract

AT
the document itself can be clarified
he (its individual conditions) act
specific time period or
indefinitely.
Pre-divorce marriage contract
can be canceled or amended.
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
a unified information
notary system.
This information environment
other includes registry
notarized marriage certificates
contracts.

marriage contract statistics

Registry
replenished monthly
information about three to five thousand new
marriage contracts entered into
throughout Russia.
The registry contains information about
changes in existing contracts
(300-500 certificates per month) and about
their termination (about 150 per month)

legal norm

Possibility
marriage
treaty is provided for in Article 40
Family Code of the Russian
Federation.
The marriage contract changes the usual
(legitimate) joint regime
spouses' property.

Benefits of a prenuptial agreement

It allows you to set which
property will be used in
marriage in respect of all property or
its parts. If the marriage contract is not
established otherwise, married to spouses
joint ownership: all property
enters the general
property of spouses
determination of shares

Joint ownership regime

By
By default, the property is in
possession, use and disposal
spouses without determining shares.
Disposition of such property
carried out with the consent of both
spouses, regardless of who
it is framed and, accordingly, who
makes a transaction in
regarding this property.

Spouse's personal property

AT
personal property of each
spouses is
premarital property
property received under
gratuitous transactions (donation,
will)
Everyone's personal items.

The specifics of the marriage contract

Law
(clause 1, article 42 of the UK) allows you to distribute
its effect as on property, already
acquired at the time of the conclusion of the contract
(including before marriage), and on property,
acquired later on
existence of marriage.
Without a contract, premarital property will remain
who owned before marriage

The main problems affected by prenuptial agreements

The property
mentioned in 90%
marriage contracts signed by the parties
contracts.
Often the freedom of the owner from
the consent of the other party in the concluded
deals.

In the absence of a marriage contract

All
What is acquired in marriage is divided in half. Not
are subject to division of winnings, personal payments
(alimony, etc.), nominal prizes (Nobel
and others like her).
Personal things remain to those who have them
used except items
luxury and antiques.

Mode change

In a marriage contract
provide that the joint regime
only applies to part
property.
Or co-op mode
apply to property that
law is personal property
each of the spouses (for example,
premarital or received as a gift).

Fractional ownership regime

For
each spouse is assigned a specific
share in the ownership of the property.
Possession and use of such property
carried out by agreement of both
spouses.
However, each spouse has the right to
discretion to sell, donate, bequeath,
pledge one's share or dispose of
by it otherwise in compliance with the rule on
pre-emptive right to purchase a share
by the second spouse when it is sold to the third
persons

Separate ownership regime

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

Separate regimes for the use of property

At
separate use of property
there is a temptation to use the schema when
the debtor spouse "rewrites" everything
property to a non-debtor.
But this is prohibited by law.
It is the duty of the spouses to notify
creditors on the conclusion of the marriage contract,
as well as changes to its terms or conditions or
termination.

Modes

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

Examples of relationships stipulated by the contract

AT
in a marriage contract, spouses can prescribe
answers to the following questions.
Who bears what expenses - up to and including
who will pay for utilities?
Who in the family is obliged to support whom and on what
conditions?
In what forms do the parties participate in the income
each other?
How will the parties divide the property in
divorce case?

Alimony obligations

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

Not in a marriage contract

Limit
legal capacity or
legal capacity of spouses
Or their right to apply to the court for protection
their rights;
Regulate personal non-property
relations between spouses, rights and
obligations of spouses in relation to children;
Negotiate conditions that put one of
spouses in extremely unfavorable
position or contrary to the basic
principles of family law

Marriage contract and law

needy
disabled spouse
will receive maintenance within the limits,
established by law, outside
depending on marital status
contracts.

What governs a prenuptial agreement

A marriage contract can
regulate only
property
relations.
Any of its conditions
concerning
non-property
relations
spouses,
invalid.

For example, include...

Items
about marital fidelity
about household chores, for example, about
that the husband undertakes to take out the trash,
while the wife cooks breakfast every day,
dinner and supper.
Set a reward for
birth of a child.
Deal with the issue of children living in
divorce case

Marriage contract and children

Marriage
the contract cannot reduce
the rights of the child established
Family Code.
It concerns the content
child, ensuring that they receive
education, the rights of the child
real estate and so on.

Invalidity of the marriage contract

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

Invalidity of the marriage contract

If a
the content of the contract contradicts
civil or family
legislation.
If one of the signatories
parties is incompetent
face.
If the court invalidated
marriage
If "the document was signed for the purpose,
contrary to the principles of morality and
law and order".

An example of recognizing the invalidity of a marriage contract as a transaction

Someone
try marriage contract
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 the other
everything received under the transaction.

A prenuptial agreement can be challenged if..

Once
prenuptial agreement
brought the plaintiff "to the extreme
unfavorable position."
For example, if in a fit of feelings one
of the spouses copied everything to the other
property, and then he himself remains with
how.

Mortgage and marriage

At
getting a mortgage would be nice
draw up a marriage contract
register property relations
spouses regarding this apartment.
For example, indicate that the apartment remains
wife (or husband, or whomever
framed...).
Then, when dividing the property, the court will
proceed from the terms of the marriage contract.

Mortgage and divorce

If a
you and your husband pay a mortgage, then
during a divorce, the most reasonable thing is to ask the bank to divide the loan into two
parts to make you with an already ex-spouse
could make equal payments on
mortgage and did not depend on income
each other.

Debt Sharing Examples

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

Marriage and credit

If a
a loan is taken in marriage,
it is understood that the money goes to
both spouses. So give them away
they should be together.
You can change the situation through the court,
proving that you have nothing to do with
this loan.

Divorce and credit

General
the debts of the spouses in the division
common property of spouses
shared between spouses
in proportion to the
share divorce.
Under the obligations of one of the spouses
collection can only be made
to that spouse's property

Debt Sharing Examples

Debt
by credit card,
used by one of the spouses
upon divorce will be recognized as his personal
obligation.

divorce statistics

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

Legal incidents

CASUS - (Latin casus case).
hardship or
wonderful incident.

On the benefits of a marriage contract

If there is no marriage contract ....

List of used materials

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_