Moscow Notary Public

ZHANNA VIKTOROVNA PATRASHCHUK

Marriage contract

A marriage contract may be signed either before state registration of the
marriage or at any time during the marriage (Article 41.1 of the Family Code of the Russian Federation).

A marriage contract governs only property rights and obligations of spouses within marriage and/or in the case of its dissolution.

The spouses may amend the statutory regime of joint estate, establish the regime of joint, shared or separate ownership over the entire property of spouses.

In a marriage contract, the spouses may specify their rights and
obligations for mutual maintenance, ways to distribute income and a manner, in which family expenses are incurred, any other terms and conditions regarding property relations between spouses save and except the following waivers (see Article 42.3 of the Family Code of the Russian Federation):

  1. no legal capacity and competence of spouses may be restricted (for example, the spouses may not incorporate any terms and conditions restricting the right to freedom of residence, freedom of movement, etc. into a contract certified by the notary public);

  2. no right to apply to court for the defense may be restricted;

  3. no personal non-property rights of spouses may be restricted (for example, no conjugal fidelity of a spouse may be specified in a contract);

  4. no rights and obligations of spouses may be regulated with respect to children (in order to resolve matters related to maintenance of minor children, the parents may conclude a maintenance agreement; the place of residence and foster placement of children is determined by a special agreement – see the respective sections);

  5. no rights of a disabled distressed spouse to receive maintenance may be restricted; no conditions may be incorporated into a contract if such conditions put either of the spouses at a severe disadvantage (for example, no contract may specify an obligation of one spouse to hand over the entire marital property to another spouse).

The rights and obligations specified by a marriage contract may be restricted by specific period of time or made conditional on occurrence or non-occurrence of specific conditions.

Required documents (originals):

  1. valid regular passports of appearers;

  2. original marriage certificate (if the parties are already married);

  3. documents, which confirm the ownership of the property, if such property is specified in the contract.

Such a contract may not be concluded against a power of attorney, as it is strictly personal.

 

* Once the notary public reads basic documents, the notary public may request additional documents according to the effective legislation of the Russian Federation.

Information is something private and innermost a notary public committed to keep secret.

Contacts:

+7 (499) 255-15-51

+7 (925) 709-72-22

notariusJV@yandex.ru

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