Is it necessary to register a marriage contract in the Russian registry?

A person lives in the family of his parents from birth, and upon reaching adulthood, as a rule, he creates his own family. And, as practice shows, in the process married life can and do occur family problems, which are not always resolved peacefully. Consequently, the problem of regulating the contradictions that have arisen in marriage and family relations between spouses has always remained and remains pressing.

In accordance with Art. 40 Family Code Russian Federation (hereinafter referred to as the RF IC), a marriage contract is recognized as an agreement between persons entering into marriage, or an agreement between the spouses, defining the property rights and obligations of the spouses in the marriage and (or) in the event of its dissolution. The purpose of a marriage contract is the desire of the parties to change the legal regime of the spouses’ property and conclude it on specific terms freely and independently.

Thus, a marriage contract is concluded by spouses before marriage or during marriage in order to determine property rights and obligations, incl. to establish the regime of ownership of the property of the spouses. Therefore, the marriage contract determines, first of all, the legal regime of the spouses’ property and other property relationships during the marriage and in the event of its dissolution.

A marriage contract as an agreement is an agreement based on the equality of the parties, expressing their common will, of the persons entering into marriage or spouses on the establishment, modification or termination of their property rights and obligations. It seems that, at its core, a marriage contract is a bilateral transaction (Article 153, paragraph 1 of Article 420 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).

The marriage contract must be concluded in writing and subject to notarization. Failure to comply with these rules entails its insignificance (clause 1 of article 44 of the RF IC, clause 1 of article 165 of the Civil Code of the Russian Federation).

A prenuptial agreement can be concluded either at any time during the marriage or before its registration. In the latter case, the marriage contract comes into force only from the moment the marriage is registered. Such an agreement, according to a number of researchers, is a transaction subject to a suspensive condition, since in this case the emergence of the rights and obligations of its parties is associated with a circumstance for which it is unknown whether it will occur or not.

It should be noted that concluding a marriage contract is primarily the right of the parties, and not an obligation. The law only gives future spouses the right to independently determine their property relations in marriage in a marriage contract, but does not oblige them to do so.

Through a marriage contract, spouses can dispose of both existing property rights and rights that they will have in the future (paragraph 2, paragraph 1, article 42 of the RF IC). In the latter case, for example, when dividing the claim for payment of the purchase price from the future sale and purchase of a common car, the order of the spouses comes into force at the moment they have this claim.

A prenuptial agreement can also be aimed at establishing an obligation between spouses. For example, it may provide that the husband undertakes to support his wife until she graduates from university. In this case, the marriage contract is an obligatory transaction.

The presence of a valid marriage contract between the spouses, in which the regime of ownership of all property (both existing and future) is agreed upon, excludes the possibility of dividing common property under a division agreement (agreement). In this situation, within the meaning of paragraph 1 of Art. 42 of the RF IC, all property rights and obligations of spouses should be determined precisely in accordance with the current marriage contract. If it becomes necessary to divide property for which the marriage contract has established a regime of joint ownership, the spouses should be guided by the provisions of the marriage contract. If the marriage contract does not provide for the procedure for such a division, the parties must, by their agreement, change the terms of the contract in compliance with the notarial form (Clause 1 of Article 43 of the RF IC).

The marriage contract should not contradict the basic principles of family law, which provide for the implementation of regulation family relations in accordance with the principles of good faith of a marriage between a man and a woman, equality of rights of spouses in the family, resolution of intra-family issues by mutual agreement, priority family education children, care for their well-being and development, ensuring priority protection of the rights and interests of minors and disabled family members.

If any of these principles are violated, the marriage contract can be challenged by the interested spouse and declared invalid in court.

The list of issues that spouses have the right to regulate in a marriage contract is not exhaustive, since in addition to the above, the law allows the inclusion in the contract of any other provisions relating to the property relations of the spouses.

In any case, it must be remembered that a marriage contract should not:

Limit the legal capacity or capacity of spouses;

Limit the rights of spouses to go to court to protect their rights;

Regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children;

Provide provisions limiting the right disabled person in need spouse to receive maintenance;

A marriage contract in Russia can only regulate property relations, which fundamentally distinguishes Russian legislation in this area from the legislation of many other countries.

The circle of persons who have the right to enter into a marriage contract is defined in the RF IC. These are two groups: spouses and persons entering into marriage. According to paragraph 2 of Art. 10, paragraph 1, art. 12 of the RF IC, spouses are a man and a woman who have reached marriageable age and entered into marriage by mutual voluntary consent. State registration of marriage is a prerequisite for the legality and validity of a marriage contract.

By general rule The marriage contract is of an unlimited duration, but the agreement may be of a fixed-term nature, i.e. be concluded for a specific period, for example, five or 25 years.

An important feature of a marriage contract is that it can be concluded under a condition, that is, conditions can be provided, depending on the occurrence or non-occurrence of which certain rights and obligations of the spouses arise. For example, the parties may include in the marriage contract a condition that if the spouses buy a dacha, the car becomes the property of the wife.

The regulation of the grounds for changing and terminating a marriage contract is contained in both the Family (Article 43) and the Civil (Chapter 29) codes.

A prenuptial agreement may be modified or terminated at any time by agreement of the spouses by drawing up a written agreement containing new terms and conditions. An agreement to amend or terminate a marriage contract will require notarization.

It is important to remember that unilateral refusal to execute a marriage contract is not allowed. Therefore, if one of the spouses is no longer satisfied with the terms of the concluded marriage contract and it is not possible to reach agreement with the other spouse on this issue, then he can demand a change or termination of the contract in court, including in the event of a significant violation of the contract by the second spouse.

A marriage contract can be changed or terminated at the request of one of the spouses if the following conditions are simultaneously met:

At the time of concluding the contract, the parties assumed that such a change in circumstances would not occur;

The change in circumstances was caused by reasons that the interested party could not overcome after their occurrence;

Execution of the contract would so violate the relationship of property interests of the parties corresponding to the contract and would entail such damage for the interested party that it would largely lose what it had the right to count on when concluding the contract;

It does not follow from the essence of the contract that the risk of changes in circumstances is borne by the interested party.

The validity of the marriage contract automatically terminates from the moment of termination of the marriage, with the exception of those obligations that are provided for in the marriage contract for the period after the termination of the marriage.

Thus, before concluding a marriage contract, the spouses need to agree among themselves and decide on what exact conditions they are ready to enter into a marriage contract and what provisions to include in it. Then, independently or with the help of an appropriate specialist, draw up a single written document. After this, contact a notary for notarization of this transaction.

Natalya Volikova,

department expert

state registration of real estate

Rosreestr Office

in the Omsk region,

state registrar.

The nuances of the procedure for dividing jointly acquired property are regulated by Russian legislation. The main governing laws are:

Family code. You can download the SK at ;
Civil Code. You can view the full text of this document

When divorce proceedings all property is divided between the spouses in accordance with the legal regime. An exception may be the fact of the existence of a marriage contract. All the details regarding the execution of this agreement are described below.

How to draw up a marriage contract?

A prenuptial agreement is an agreement between a man and a woman who want to get married. The agreement must be drawn up in writing. The purpose of drawing up this document is to distribute the rights and obligations of the spouses in relation to their property. A marriage contract differs from other types of transactions in the composition of the participants, the subject of the agreement, and also in its content.

According to the law, the document must indicate only the conditions for the use of property, and not the personal relationship of the spouses. In the text, you can indicate what share of the property and which of the spouses will belong to it; it is also allowed to indicate a specific item of property that, after the divorce, will belong to each of the parties.

An important feature when drawing up a marriage agreement is the fact that rules for the use of property not only jointly acquired, but also acquired before the conclusion of official marital relations. That's why, The law allows a marriage contract to be drawn up:

before marriage;
during the period of official marital relations.

The legal significance of a document is acquired if the document is concluded:

before marriage. This means that it comes into effect after the official registration of the marriage relationship;
during the period of the marriage. In this case, the document acquires legal significance after a notary’s mark is placed on it, indicating its authentication.

Algorithm of actions when concluding a marriage agreement:

future spouses draw up a marriage contract. The agreement is drawn up in three copies. One for the husband, the second for the wife and the third for the notary office specialist;
a documentation package is collected;
the document is notarized;
husband and wife pay for notary services and receive their documents in hand.

To certify a marriage contract by a notary, you must submit a package of certain documents:

marriage contract - 3 pieces;
passports of husband and wife;
marriage certificate, if the agreement is drawn up during the period of official family relations;
papers for property that will be divided between husband and wife upon divorce.

What is the price?

Notary services are paid. The cost of registering a marriage contract depends on the list of services provided by the notary office specialist. Namely:

does the notary provide advice on drawing up the text of the marital agreement;
whether the agreement is drawn up by the notary himself;
does the notary office specialist make changes to the text of the document;
affixing notarization on the agreement form.

The price for drawing up a marriage contract in all notary offices may differ, but the amount of the state fee for affixing the certificate mark is regulated at the legislative level. The Tax Code contains terms of payment and the amount of state duty for the provision of any services related to the preparation of documents.

You can download the tax law at

In accordance with tax legislation, the fee for notary services for certifying a marriage contract is 500 rubles. Each notary office has the right to increase this figure by one and a half times if the documentary certification is carried out outside the notary office.

According to the text of Article 333.38 of this law, some citizens are provided with benefits for using the services of a notary. Benefits include:

disabled people (grade 1 and 2), they are provided with a discount of 50%;
The following categories are not required to pay state duty:
- who bequeath property to the Russian state or municipalities;
- organizations of disabled people;
- organizations of self-government and power.

Sample marriage contract

Drafting a marital agreement requires care. Its text must contain the following mandatory points:

information about the parties to the agreement - the husband and the wife;
rights and obligations of a married couple;
penalties for non-compliance with the terms of the marital act;
details of the parties;
conditions for the distribution of property.

If one of the above points is missing from the text of the marital agreement, then its certification by a notary will be refused.

In accordance with the provisions of Russian legislation, there are restrictions on the inclusion of certain conditions in the contract. The following conditions cannot be specified in the text:

on restriction of the rights of spouses;
on limiting the legal capacity of the parties;
about personal relationships;
on the possibility of drawing up a unilateral refusal to fulfill one’s obligations in accordance with the text of the marital agreement.

on the distribution of material assets and income;
rights and obligations of spouses in relation to distributed property;
about changes in the property regime.

In order for the text of a marriage contract to comply with all legal requirements, its appearance must reflect:

document's name;
information about spouses;
data from the certificate of family ties;
property regime;
rights and responsibilities of married people;
living conditions;
liability measures;
additional conditions according to the parties;
signatures of the married couple.

You can familiarize yourself with the agreement form in detail by studying

Changing or terminating a marriage contract

Russian laws state that changes and termination of a marital agreement are possible only if there are grounds. These procedures are carried out in two ways:

by mutual decision;
if agreement is not reached, then in court.

Rules for making changes

To make any changes to a document, the following reasons are required:

changes in life circumstances in the future that could not be foreseen when drawing up a family agreement;
insurmountable conditions prevent you from fulfilling your obligations;
when fulfilling all obligations according to the text of the marital agreement, the rights of one of the parties will be infringed.

The procedure for amending a marriage contract is as follows:

Voluntarily. The spouses, by mutual agreement, should draw up a new document indicating all changes, additions and amendments to the previously drawn up agreement. The newly drawn up marital contract is also subject to mandatory notarization. If the form is not marked by a notary, then all changes will be considered invalid.

Through a judicial institution. An appeal must be sent to this authority only if the husband and wife are unable to voluntarily agree on changes to the family contract. To create a new version of a document, you must submit a statement of claim, attend the hearing, and wait for the judge’s verdict.

Rules for terminating a marriage contract

As with modifications, terminating a marital contract requires compelling circumstances. The grounds for termination include:

one of the parties (husband or wife) does not fulfill the essential terms of the marriage agreement;
life circumstances have changed greatly and this moment the text of the agreement has no original meaning.

Termination of a marital contract between spouses on a voluntary basis begins with the preparation of a special document. The reasons for termination must be indicated in its text; after its execution, it is necessary to affix a notarized certificate. You can download a sample termination agreement The notary will certify the deed if the spouses provide a package of documents:

Russian passports;
previously executed marital agreement;
marriage certificate;
termination agreement.

Termination of a marriage contract when applying to a courtconsists of several stages:

1st — drawing up and sending a notice to the second spouse. In the text of the notice, you must explain your desire to terminate the contract, and also describe the period within which a response from your spouse should follow. For example, you can specify 30 days. And if within this time there is no answer or it is negative, then you should go to court.

2nd - preparation of papers for submission to a judicial institution. The general list of documents consists of:

plaintiff's passport;
statements;
document on registration of official marriage relations;
marriage contract;
a copy of the notice that was sent to the second spouse;
evidence of the grounds for filing the claim;
receipt for paid state duty.

Download sample statement of claim the termination of the marriage contract can be

3rd - submission of documents and claims to the court for consideration.

4th - attending the proceedings and waiting for the decision of the head of the court. If a satisfactory answer is received, the family agreement loses its legal significance at the moment when the court decision comes into force.

Is it possible to draw up a marriage contract without the participation of a notary?

In accordance with the law, affixing a notarization when drawing up a marital agreement is a mandatory procedure. In the absence of a notary's office mark, the document is considered invalid, and accordingly, the fulfillment of obligations in accordance with its text is not recognized by law.

When contacting a notary with a request to certify a marriage contract, he carries out the following actions:

- verifies the authenticity of documents submitted by spouses;
- determines the legal capacity of applicants;
- checks the text of the family agreement for compliance with legislative norms;
- affixes his identification;
- makes an entry in the register about the certification of the marriage contract.

Important! The legal force of the agreement is recognized only after passing the notarization procedure.

For state registration of property rights in connection with the conclusion of a marriage contract in the case where the right of common joint property of spouses or the right of ownership of one of the spouses is registered in the Unified State Register of Real Estate and transactions with it, the following documents must be submitted: 1) documents identifying the applicant; 2) an application for state registration of property rights of the spouse into whose ownership the property is transferred, an application for state registration of the transfer of property rights from the second spouse; 3) documents confirming payment of the state duty for state registration of the right. For state registration of property rights in this case, the state duty is set at 1000 rubles in accordance with subparagraph. 20 clause 1 art.

Marriage agreement when buying an apartment

If there is no agreement between the spouses regarding the new conditions, the marriage contract can be changed or terminated through the court at the request of one of them on the grounds and in the manner established by the Civil Code of the Russian Federation for changing and terminating contracts. It is important to remember that unilateral refusal to execute a marriage contract is not allowed. Therefore, if one of the spouses is no longer satisfied with the terms of the concluded marriage contract and it is not possible to reach agreement with the other spouse on this issue, then he can demand a change or termination of the contract in court, including in the event of a significant violation of the contract by the second spouse.

Is it necessary to register a marriage contract in the Russian Register?

Such situations are most common when carrying out state registration of rights. Now let’s look at cases where a marriage contract will be a document on the basis of the emergence or termination of rights. In accordance with paragraph 1 of Article 2 of the Registration Law, state registration of rights to real estate and transactions with it is a legal act of recognition and confirmation by the state of the occurrence, restriction (encumbrance), transfer or termination of rights to real estate in accordance with the Civil Code Russian Federation(hereinafter referred to as the Civil Code of the Russian Federation). In accordance with paragraph 1 of Article 131 of the Civil Code of the Russian Federation, ownership and other real rights to immovable things, restrictions on these rights, their emergence, transfer and termination are subject to state registration in the unified state register by bodies carrying out state registration of rights to real estate and transactions with it.

How to draw up a marriage contract taking into account real estate issues?

Important

For example, it may provide that the husband undertakes to support his wife until she graduates from university. In this case, the marriage contract is an obligatory transaction. The presence of a valid marriage contract between the spouses, in which the regime of ownership of all property (both existing and future) is agreed upon, excludes the possibility of dividing common property under a division agreement (agreement).

Why do you need a marriage contract?

Info

But most often, an apartment is purchased during marriage or by several individuals, it is inherited by children, and a deed of gift can also be issued for several people. In this case, the answer is ambiguous, and means that the property becomes not individual, but common. In turn, common property has two options: joint and shared.

Attention

Shared ownership is when a property has several owners, whose shares are strictly distributed among them. Everyone is issued a certificate of ownership, which clearly indicates how many shares belong to a particular person in a particular apartment. Such a share is separate, which means it can be sold.

It is with shared ownership that you can sell part of the apartment, thus breaking it up and turning a single piece of real estate into an actual communal apartment.

A prenuptial agreement under which real estate in the event

Of course, before you sell your share, you must offer to buy it back to the owner of the second share, and under the same conditions as on the free market. If he refuses, then the share can be sold to anyone on a general basis. As for joint common property, it arises most often in marriage.

Joint property cannot be split up, divided, part of it sold, etc. It is a single object owned by two people. In this case, on paper the apartment has one owner - for example, one of the spouses, but in fact it is owned by two. And do something with the apartment - sell, exchange, mortgage, etc. – it is impossible without the consent of the other party. When purchasing an apartment, by default the property is considered joint, but if the spouses wish, it can be divided into shares.

When purchasing shared ownership by spouses, be careful.

Family law

I did not submit this agreement to Rosreestr. Now I want to sell this apartment. Question: Do I need to register a Marriage Agreement with Rosreestr before alienating an apartment? Or for the transaction it is enough to provide required package documents and this Marriage Agreement? Best regards, Natalya, Mr.

Peculiarities of purchasing an apartment in shared ownership by spouses

Let us note that a change by a marriage contract from the regime of common joint ownership in relation to specific marital property to the regime of separate property (sole property of one of the spouses) formally cannot be considered as the emergence or transfer of a right, since Article 218 of the Civil Code of the Russian Federation does not contain such a basis for acquiring property rights. At the same time, such a change in the regime certainly leads to the termination of the right of ownership of the property of the second spouse. Consequently, state registration of the right of sole ownership of one of the spouses to specific real estate established by the marriage contract by virtue of paragraph.
1 tbsp. 131 of the Civil Code of the Russian Federation is mandatory. Without making an appropriate entry in the Unified State Register, it is impossible to talk about establishing the right of sole ownership of one of the spouses to this property.

Methodological recommendations on the procedure for state registration of the right of common ownership of real estate, approved by order of the Ministry of Justice of the Russian Federation dated March 25, 2003 No. 70 (hereinafter referred to as the Methodological Recommendations), all owners are indicated in the column “Copyright Holder” on one sheet of subsection II-1 of the Unified State Register. In the column “Type of right” the words “Common joint property” are entered. The certificate of state registration of the right of common joint ownership is issued in a single copy for all right holders (clause

74 Rules for maintaining the Unified State Register, clause 16 of the Methodological Recommendations). At the same time, current legislation does not prohibit one spouse, in whose name an agreement on the acquisition of real estate was concluded during the marriage, from carrying out state registration of sole ownership.

Registration of ownership of an apartment with a marriage contract

And if, when dividing property, this aspect - registering it as joint or shared ownership - is not of decisive importance (in the absence of a marriage contract), then when refunding income tax individuals, it has quite a big impact. In case of joint property, both spouses and one of them can receive the deduction. In the latter case, the second spouse writes a refusal to receive the deduction in favor of the one who is more beneficial for the family as a whole to receive this deduction.
If the apartment is registered as shared ownership, then each spouse receives a deduction separately from each other. Moreover, it is important to note that they receive this deduction in proportion to the distributed shares. As a general rule, the deduction is RUB 2,000,000. It is valid for one property.
The total cost of the apartment is divided proportionally to the shares (and not to the number of people to whom the property is registered).
A person lives in the family of his parents from birth, and upon reaching adulthood, as a rule, he creates his own family. And, as practice shows, in the process of married life, family problems can and do arise, which are not always resolved amicably. Consequently, the problem of regulating the contradictions that have arisen in marriage and family relations between spouses has always remained and remains pressing. In accordance with Art. 40 of the Family Code of the Russian Federation (hereinafter referred to as the Family Code of the Russian Federation), a marriage contract is recognized as an agreement of persons entering into marriage, or an agreement of spouses, defining the property rights and obligations of spouses in marriage and (or) in the event of its dissolution. The purpose of a marriage contract is the desire of the parties to change the legal regime of the spouses’ property and conclude it on specific terms freely and independently.
By means of a marriage contract, the RF Investigative Committee has the right to change the regime of joint ownership established by law, to establish a regime of joint, shared or separate ownership of all the property of the spouses, of its individual types or of the property of each of the spouses. At the same time, by virtue of paragraph 1 of Art. 131 of the Civil Code of the Russian Federation, ownership and other real rights to immovable things, restrictions on these rights, their emergence, transfer and termination are subject to state registration in the Unified State Register by the bodies carrying out state registration of rights to real estate and transactions with it. The following are subject to registration: the right of ownership, the right of economic management, the right of operational management, the right of lifelong inheritable possession, the right of permanent use, mortgage, easements, as well as other rights in cases provided for by the Civil Code of the Russian Federation and other laws.

. Using the terms of the contract, you can change the property regime, as well as respect the rights of both spouses without violating their interests.

At the legislative level, the procedure for concluding a marriage contract is regulated by Chapter 8 of the Family Code of the Russian Federation (FC RF). The contract can be signed both before the official registration of the relationship in the registry office, and at any time during the marriage (Article 41 of the RF IC).

Important! If the marriage contract was signed by the spouses, then it is valid from the moment of its notarization. If the agreement is concluded by the bride and groom, then the terms of the agreement begin to apply from the moment of official registration of their marriage.

A marriage contract regulates only the property relations between husband and wife. Any non-material rights and obligations are invalid, but the contract may indicate the liability that each spouse will bear for their failure to fulfill them.

Read more about when a prenuptial agreement can be concluded: before, during or after the wedding.

Notarization - what is it?

Now let's talk about how the database is designed. The parties can enter into a marriage contract only in writing. The document must be notarized (clause 2 of Article 41 of the RF IC). A couple who wants to enter into a marriage contract can independently prepare a draft agreement, or seek help from a law firm, or from the notary himself.

If the contract is drawn up with errors, it may be declared invalid, and the rights and obligations of spouses will be regulated only by the law.

During the certification process, the notary not only checks the compliance of the contents of the document with legal norms, but also explains to each of the parties their rights and obligations. The text in the contract is written clearly and clearly without any additions or corrections. The full name of each party is indicated without abbreviations in order to avoid possible misunderstandings in the future.

Where and by whom is the contract certified?

The contract is certified by a notary with an inscription in accordance with the law. The procedure can take place both in a state notary office and in a private one.

Even if the contract was drawn up by specialists from a law firm in full compliance with all legal requirements, then a visit to a notary for certification is a mandatory step.

Attention! A marriage contract is considered invalid if the notarial form was not followed when concluding it. The agreement acquires legal force from the moment of its notarization.

What documents are needed for the conclusion?

If a husband and wife decide to legally regulate their rights to movable and immovable property, then they will need to visit a notary to sign a marriage contract. To sign the document, the parties must provide the following documents:

ID cards;
marriage certificate;
documents establishing ownership of specific property;
other documents.

If the contract stipulates the rights to own a car, the notary will need to present the purchase and sale agreement and the technical passport for the vehicle. If the contract refers to (house, apartment), then the list of documents will include:

purchase and sale agreement, gift agreement;
certificate of ownership;
a certificate confirming the number of people living.

If one of the spouses is an individual entrepreneur, then he will be required to provide a certificate of registration.

If the parties do not provide the entire list of necessary documents, then the notary has the right to refuse to certify the contract, or items will be excluded from it, the presence of which implies the presentation of missing documents by the parties.

Is it necessary for both parties to be present?

The procedure for certifying a marriage contract requires the personal presence of all parties. Spouses or future spouses come to the notary on the appointed day with a draft agreement and a complete list of necessary documents for its certification.

If the agreement has not been prepared, this can be done directly from the notary. If the parties have provided a draft document, the notary must check it. Any legal errors, incorrect or illegal wording found in the contract are subject to change.

After the notary has checked all the documents and explained all the legal regulations, the parties to the agreement put their personal signatures in his presence and only after that the notary certifies the document.

Important! When signing the contract, the presence of third parties is not allowed, since the notarial act must be kept secret.

Procedure for certification procedure

The agreement between the spouses is concluded in writing in triplicate, one for each of the parties, and one copy for the notary archive (you can find out how to correctly draw up a marriage contract, as well as see a ready-made sample document). The procedure for certifying an agreement at a notary office consists of several stages. When drawing up a document, the notary is obliged to perform the following actions:

The final step in notarizing a prenuptial agreement is to serve copies of the documents on each party. One copy remains with the notary.

Read more about the nuances of registration and cost of a marriage contract.

Is it necessary to have the database certified by a notary, or is it possible not to do so?

According to Art. 41 of the RF IC, when concluding a marital agreement regulating their property rights and obligations, it must be notarized.

If there is no certifying inscription on the marriage contract, then such a contract and the obligations specified in it are not subject to fulfillment by the parties.

Is state registration of a document in Rosreestr necessary?

Certified by a notary, it is a document of title; in itself, it is not subject to registration in the Unified State Register (Rosreestr).

Its submission to the registration authority together with the application of the spouses is required if previously the rights, for example, to real estate were registered with one of the spouses, and the terms of the marriage agreement establish a regime of separate ownership of this real estate. In this case, the other spouse’s ownership of the property must be registered, and the agreement will act as the basis for the emergence of rights to the property.

A marriage contract does not grant property rights to the spouses; it specifies the property that will go to the wife or husband after a divorce, but this will require its registration in accordance with the law.

Marriage contracts concluded in accordance with the legislation of the Russian Federation can only regulate the property rights and obligations of the parties. They should not contain clauses regulating the personal relations of the spouses. Such agreements are always drawn up taking into account legal requirements and certified by a notary. Without notarization, the document has no legal force.

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