Rus Articles Journal

What is the marriage contract?

the conclusion of the marriage contract between spouses are not in recent years an extraordinary event any more. What represents the marriage contract?

The marriage contract is an agreement of the persons marrying, or the agreement of spouses which defines property rights and duties of spouses in marriage and in case of divorce.

The marriage contract can be signed as before marriage registration, and at any time during marriage. The marriage contract signed before marriage registration comes into force from the date of marriage registration.

The marriage contract of the spouse has the right to change the mode of joint property set by the law (i.e. the property acquired by spouses during marriage), to set the mode of joint, share or separate property on all property of spouses, on its separate views or of property of each of spouses.

The marriage contract can be signed both concerning available, and concerning future property of spouses. Spouses have the right to determine in the marriage contract the rights and obligations for mutual contents, ways of participation in the income of each other, an execution order by each of them of family expenses, to define property which will be transferred to each of spouses in case of divorce, and also to include any other provisions concerning the property relations of spouses in the marriage contract.

The rights and duties provided by the marriage contract can be limited to certain terms or be put into dependence on approach or on not approach of certain conditions.

The marriage contract cannot limit legal capacity or capacity of spouses, their right for an appeal to the court behind protection of the rights; to govern the personal non-property relations between spouses, the rights and duties of spouses concerning children; to provide the provisions limiting the right of the disabled needing spouse for obtaining contents; to contain other conditions which put one of spouses in extremely adverse position.

The marriage contract can be changed or terminated under the agreement of spouses at any time. Upon the demand of one of spouses the marriage contract can be changed or terminated by a court decision.

The marriage contract is terminated from the moment of the termination of marriage except for those obligations which are provided by the marriage contract for the period after the marriage termination. The marriage contract can be nullified by court in whole or in part upon the demand of one of spouses if terms of the contract put this spouse in extremely adverse position, and also on other bases.