Family relationships are an area regulated by a variety of laws and regulations. In Russia, special attention is paid to it. There is a separate Code, indicating the features of building a family and relationships in it. A rather important nuance is the property relations of the spouses. They often cause controversy. Especially with a divorce. To exclude them, the husband and wife quite often enter into a so-called marriage contract. This document in Russia allows you to solve a huge number of property issues. Today we have to understand where the prenuptial agreement is concluded. In addition, you need to understand what kind of document in question. Why is it needed? What should spouses remember when signing such an agreement?
Definition
The first step is to understand what kind of document we are talking about. What is a marriage contract?
The Family Code of the Russian Federation provides for a special way between spouses to regulate material relations. It is about signing a marriage agreement. It indicates all the features of a future or current marriage regarding property. In addition, the document spells out the features of property issues during a divorce. The right to draw up a contract is regulated by article 40 of the RF IC.
In other words, the document establishes property and material rules of conduct in the family. It is necessary in order to regulate the relations of future, current or former spouses.
Legislation and document
Where is the prenuptial agreement concluded? First you need to understand all its features. After all, this agreement appeared in Russia relatively recently. More precisely, the right to draft it has been prescribed in the Family Code since 1996.
Until that time (namely, in 1994), the Civil Code of the Russian Federation gave spouses the opportunity to independently resolve issues related to joint property. It was at this moment that citizens had the right to issue a prenuptial agreement.
Fortunately or unfortunately, in practice in Russia such a contract is found in only 5% of cases. Often it is formal. An agreement is drawn up in order to avoid certain property disputes during a divorce.
What gives and regulates?
Why and how is a prenuptial agreement concluded? In fact, everything is much simpler than it seems. It has already been said that this agreement clarifies the property and financial matters of the family. And non-property disputes are not taken into account in it. This means that, by agreement, it is impossible to force the wife to cook food, and the husband to remain faithful. But the prenuptial agreement helps to figure out how the spouse can manage the spouse's earnings. Or what property the wife has the right to husband.
Where is the prenuptial agreement concluded? There are several scenarios. Before signing the agreement, the parties should take into account that the contract will have the following features:
- The document establishes one of several possible modes of joint and personal property of each spouse: shared, separate, joint.
- Parties may establish rules for dividing existing property. In addition, they have the right to regulate property relations regarding future property.
- In the agreement, you can specify which share of the spouses' income is considered common and which is personal.
- In the event of a divorce, a marriage contract usually provides for the division of property.
- Spouses' alimony obligations are governed by the agreement under study without much labor and litigation.
- The property rights and obligations of spouses can be clearly stated in the document.
- The responsibility of the parties for non-compliance with the established rules is provided for by each marriage contract. This is a prerequisite.
There is nothing difficult or incomprehensible in this. Where is the prenuptial agreement in Russia? How it's done? What advice and recommendations will help not to violate the established legislation of the country?
Limitations
It is important to understand that any agreement has certain limitations. In the case of the marriage contract, there are not so many of them. Nevertheless, they will have to be studied without fail.
How to conclude a prenuptial agreement? The sample of this document should not contain the following points:
- restricting or depriving the spouse of legal rights (for example, a ban on labor, going to court, and so on);
- issues related to non-property relations;
- concerning maintenance obligations regarding children and parental rights;
- establishing rules for the possession and disposal of property after the death of the husband / wife (there is a will for this).
There are no more restrictions. The remaining property issues of the spouses can be prescribed in the contract without much difficulty. The main thing is that they do not violate the established Russian legislation.
When do they conclude an agreement?
Where is the prenuptial agreement concluded? Before answering this question, you need to make a reservation: citizens must understand exactly when they have this right. The legislation assigns several options for the development of events for the population.
Today you can conclude an agreement:
- before the wedding;
- at any time after the formalization of relations in the registry office.
In the first case, the contract will enter into force at the time of registration of the marriage. In the second - on the day the parties sign the agreement. This option is most often found in practice. The prenuptial contract after marriage is mixed. For example, spouses will be able to analyze what property disputes they have not excluded in the future. It is the problem points that are prescribed in the agreement being concluded. In addition, the conclusion of such an agreement after the wedding is often a balanced decision. Husband and wife will be able to expediently protect personal property interests.
Fundamental rules
How and where is a prenuptial agreement concluded? Expert reviews indicate that this agreement is best drafted and signed after the wedding. Often this kind of decision is regarded as distrust of the future spouse. And I don’t want to start a family life with a scandal.
In addition, there are several rules that must be followed when translating ideas into reality. Namely:
- The contract is concluded both between spouses and between the bride and groom. In this case, it is better to write down the date of entry into force of the agreement.
- The document must be submitted in writing. You can use the printer to print it. The main thing is to remember: the marriage contract is not executed in words. Consent of spouses is supported by signatures in specially designated places on the document.
- It is imperative to conclude an agreement in the presence of a notary. Without the certification of the authorized person, the document will not have legal force.
In fact, everything is much simpler than it seems. Remembering all these features, each family will be able to bring the task to life in a few days.
Place of registration
But where is the prenuptial agreement? It has already been said that in order to assign legal significance to an agreement, citizens must turn to a notary public. Without it, signing a contract does not make sense.
It follows that the contract is drawn up at any time in the relationship between the spouses (but before the divorce) directly in the notaries.Public or private - this is not so important. The main thing is that the notary is present at the time of signing the document.
Representation
Now it’s clear where the prenuptial agreement is concluded. What features, in addition to those listed above, should spouses still know?
Sometimes a husband or wife cannot be present at the time of signing the agreement with a notary. What to do then? Is it possible to conclude a contract through a representative? The answer to this question cannot be called unambiguous.
The thing is that there are no direct prohibitions on concluding marriage contracts through a representative in Russian law. Nevertheless, the Civil Code (Article 182, paragraph 2) prohibits people from using representation in transactions of a personal nature. The operation under study can be attributed to such agreements.
Accordingly, in practice, notaries do not take responsibility for working with representatives of the husband or wife if the spouses decide to draw up a prenuptial agreement. They agree to such a step only in exceptional cases.
About Documents
How to conclude a prenuptial agreement? Where to draw it up is already clear. But what do you need to have with you when you sign the agreement? The list of documents cannot be called impressive.
Among the papers required for a marriage contract, there are:
- agreement (in triplicate);
- identity cards of the parties (usually a passport);
- marriage certificate (if any);
- documents indicating the presence of a property in the ownership of the parties;
- certificates on all property of the husband and wife / groom and bride.
Nothing more is needed. The parties sign an agreement, a notary confirms the validity of the transaction, after which property and financial issues are regulated according to the rules established by the spouses.
Cost
From now on, it is clear where the prenuptial agreement is concluded. And how much does this document cost?
It is noted that such an agreement is not a cheap pleasure. Preparation of a draft agreement will cost at least 3,000 rubles. The exact cost depends on the particular case and notary.
If the document was completely drawn up by citizens, they will only have to pay a fee for notarization. Today it is 500 rubles. Amendments and drafting are not included in this amount. They require a separate assessment.
Summary
Now it’s clear why and how a prenuptial agreement is concluded. Typically, such a document is needed for those who have something to share. As noted earlier, in Russia an agreement of this type is not in special demand.
Is it necessary to conclude a prenuptial agreement? Not. This is a right that remains with the spouses. The document is needed when the spouses suspect the occurrence of financial and property disputes in the future.