Prenuptial agreement, marriage contract. Test on the topic of family rights and responsibilities Marriage agreement test

Source of legal material - Wikipedia

Marriage agreement (contract) is 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.

In accordance with Art. 48 Family Code Russian Federation, by a marriage contract, spouses can change the regime of joint ownership established by law, establish a regime of shared or separate ownership both for all property and for its individual types or the property of each spouse. They can include any other provisions regarding property relations in the marriage contract. In particular, a procedure for incurring family expenses may be provided; the amount, terms, grounds and procedure for providing maintenance to each other both during the marriage and after its dissolution can be determined.

The marriage contract is drawn up in writing and is subject to mandatory notarization.

A marriage contract can be concluded both before marriage (in this case, it acquires legal force from the moment of state registration of the marriage), and at any time while people are married (in this case, it is concluded from the moment of its notarization).

A prenuptial agreement can be valid throughout the marriage and can be terminated at any time by mutual agreement of the spouses.

A marriage contract 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 arise (for example, the birth of a child).

A marriage contract is a type of bilateral transaction and must comply with the general rules of the validity of the transaction (Articles 154-181 of the Civil Code of the Russian Federation).

What cannot be in a marriage contract

When concluding a marriage contract, you should remember what conditions cannot be included in it:

• A marriage contract cannot limit the legal capacity and capacity of the spouses, or their right to go to court for protection. This prohibition means that the marriage contract cannot contain provisions prohibiting spouses from filing a lawsuit to change, terminate or invalidate the marriage contract, engaging in business activities, receiving income, making a will, accepting an inheritance, etc.
• The marriage contract is concluded in writing and, according to the draft Family Code, is subject to notarization. The marriage agreement can be changed at any time by mutual agreement of the parties. In this case, the spouses enter into a written agreement to amend or terminate the marriage contract and have it certified by a notary. It is impossible to unilaterally refuse to use a marriage contract. In the event of such a refusal, the other spouse has the right to file a claim in court to enforce the contract.

Personal, non-property relations

Since legal levers have their limitations and you cannot achieve much with them, non-property relations in Russia cannot be the subject of a marriage contract.

Non-property relations - for example, the personal rights and obligations of spouses in relation to their children, the right to communicate with a child in the event of a divorce, the rules of their behavior among themselves, the rules of attitude towards relatives, family responsibilities, etc. If people want to regulate these relations, they make up among themselves A family agreement that has no legal force.

If someone in a couple insists that the relationship between them is not in the nature of marriage and family, but wants to streamline the relationship, the couple can enter into an Extramarital Agreement.

Marriage contract in history

The theory of marriage as a contract first arose in Ancient Rome (see Marriage in Ancient Rome), Roman law regulated only property relations, therefore all main forms of marriage were considered as an ordinary civil law transaction. And only in the future, church norms give the institution of marriage the character of a mystical sacrament, focusing on the spiritual side.

In Jewish law, the marriage contract (ketubah) includes the husband's obligations to his wife.

In the Code of Laws of the Russian Empire, the husband had the responsibility to support the family, and at the same time, the principle of separation of spouses’ property was established, which provided the spouses with the opportunity to independently dispose of their property.

Translated, in Tsarist Russia no husband could squander his wife’s fortune without her consent. And in France, according to the French laws of that time, this was quite possible.

1 . What is the scope of family law...

A) under the jurisdiction of the Russian Federation;

B) under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation;

B) under the jurisdiction of the constituent entities of the Russian Federation.

2. Civil law applies to family legal relations...

A) directly;

B) insofar as it does not contradict the essence family relations;

B) and has priority in legislative force.

3. By general rule, does the statute of limitations apply to claims arising from family relationships?

A) yes;

B) no.

4. Can a man and a woman in a marriage contract mutually oblige each other to enter into joint marriage, after a while?

A) yes,

B) no;

C) yes, if they are in a civil marriage.

5. As a general rule, the age of marriage in the Russian Federation is set at...

A) fifteen years;

B) sixteen years old;

B) eighteen years old.

6. Is it recognized in the Russian Federation? civil marriage as a family law institution?

A) yes;

B) no.

7. Marriage dissolved in judicial procedure, ceases from the day

A) state registration of divorce in the civil registration book;

B) the court decision enters into legal force.

8. The husband has no right to initiate proceedings for divorce without the consent of his wife within...

A) three months from the date of marriage;

B) three months from the date of marriage and the wife’s pregnancy;

C) the wife’s pregnancy and within a year after the birth of the child.

9. Marriage is declared invalid...

A) registry office authorities;

B) by court.

10. Can the legal regime of the spouses’ property be changed by a marriage contract?

A) yes;

B) no.

11. Does the property acquired by the spouses during marriage (common property of the spouses) include pensions, benefits received by them, as well as other monetary payments that do not have a special purpose (amounts of financial assistance, amounts paid in compensation for damage in connection with the loss of disability due to injury or other damage to health, etc.)?

A) yes;

B) no;

B) yes, if this is provided for in the marriage contract.

12. Can a marriage contract be concluded before the state registration of marriage?

A) yes;

B) no;

B) yes, but only in exceptional cases.

13. A marriage contract concluded before the state registration of marriage comes into force from the day...

A) signing the contract;

B) notarization of the agreement;

C) state registration of marriage.

14. Can a prenuptial agreement be concluded in relation to the future property of the spouses?

A) Yes;

B) no;

C) yes, if you indicate specific types of property.

15. According to the current family legislation, a child is recognized as a person who has not reached the age of...

A) fourteen years old;

B) sixteen years old;

B) eighteen years old.

16. Do parents who are deprived lose parental rights, the right to receive maintenance from the child?

A) no;

B) yes.

17. Which body carries out the procedure for adopting a child?

A) court;

B) the registry office;

IN) first by the court, and then by the registry office.

18. Is intermediary activity in the adoption of children allowed, that is, any activity of other persons for the purpose of selecting and transferring children for adoption on behalf of and in the interests of persons wishing to adopt children?

A) is not allowed;

B) allowed;

B) is allowed, but only for foreign citizens.

19. Can unmarried persons jointly adopt the same child?

A) yes;

B) no;

C) only if they are related to each other.

20. As a general rule, the age difference between the unmarried adoptive parent and the adopted child must be at least

A) twenty-six years old;

B) twenty years old;

B) sixteen years old;

D) ten years.

In contrast to European continental law, Anglo-American law, in the aspect of the issue we are considering, also provides for premarital agreements, where in general procedure it is required to establish the legal capacity of the parties, freedom of expression, witnesses to certify such an agreement and there are no special requirements. At its core, a prenuptial agreement does not limit the rights and obligations of the persons who signed it, but gives the right in the future, in the event of a legal dispute, to completely cancel it or change it in these specific circumstances.

In the United States, there is quite flexible judicial practice regarding the legalization of both prenuptial and marital agreements (contracts). Thus, in some states, the content of such agreements cannot include alimony relations, as well as rights that deprive one of the parents of the right to communicate with the child or completely exempt him from participating in the costs of maintaining, raising and educating the child.

In South Korea, a marriage contract is practically not used in practice, although it is provided for by law. The main requirement is that both participants must compile on a strictly voluntary basis and must comply with all formalities.

In Israel, marriage cannot be concluded without a prenuptial agreement – ​​“ketubah”. It lists exclusively the duties of the husband towards his wife. The Ketubah is certified by two witnesses and consists of a main part and two additions. The content of the main part has not changed since the time the Talmud was compiled - in monetary units the amount that the husband is obliged to pay his wife is obliged to pay his wife, who insisted on a divorce that was unreasonable from the point of view of the rabbinical court. Today the amount is determined to be 10 thousand dollars.

In Hungary, a marriage contract, including a property contract, can be drawn up not only before marriage, but also later, at any time during the marriage, if the spouses have such a need. According to statistics, today only 20–25 percent of people getting married in Hungary begin their life together by drawing up a marriage contract 1 . An important feature of Hungarian family law is that it allows the conclusion of a property agreement during marriage. According to the 2006 amendment to the marriage law, such an agreement is signed by mutual consent in writing and must be certified by a notary. In this case, if the spouses file for divorce, there should be no property disputes between the former spouses.

Prenuptial agreements in Spain are concluded mainly by wealthy citizens. The main purpose of this legal document is to determine the regime of property of married people, including the regime of property relations between spouses in the event of divorce or other circumstances. Such a legal document can be concluded both before and after marriage - the legal force of the agreement does not change. In Spain, the regime for marital property depends on which province you live in. For example, in Madrid, upon marriage, a provision comes into force according to which any property acquired during marriage falls under the regime of joint property. But in Catalonia, by default such property is considered separate. The content of the contract is governed by the Spanish Civil Code. Also in Spain there is a rule according to which a marriage contract must be registered not only with a notary, but also with local authorities.

Analyzing the legislative acts on marriage contracts in the countries of the post-Soviet space (using the example of Georgia, Kazakhstan, Armenia, Tajikistan), we can conclude that they are all practically similar to each other and to the legislation of Russia, in particular. Let's consider this using the example of the following paragraphs on a marriage contract from the family codes of Georgia, Kazakhstan, Armenia and Tajikistan:

the marriage contract is concluded in writing and certified by a notary;

a marriage contract can be concluded both before the marriage is registered and after its registration at any time.

A marriage contract concluded before marriage registration comes into force from the moment of marriage registration;

By a marriage contract, spouses have the right to change the legal regime of property, establish a regime of joint, shared or separate property;

A marriage contract can be concluded both in relation to the existing and in relation to the future property of the spouses;

The marriage contract can be changed or terminated at any time by agreement of the spouses. Unilateral refusal of the marriage contract is not allowed.

The prenuptial agreement is terminated upon divorce.

All these provisions are contained in the laws of these countries and are repeated almost verbatim. If we talk about each state separately, we can say the following:

In Georgia, a marriage contract is regulated by the Civil Code (Articles 1172-1181). The Georgian Code does not describe the contents of a marriage contract in as much detail as the Russian Federation, in particular, the fact that a marriage contract cannot limit legal capacity and capacity, or regulate personal non-property relations between spouses. (In Russia – this is clause 3 of Article 42 of the RF IC)

In the Republic of Kazakhstan, the marriage contract is regulated by the Law on Marriage and Family (Articles 38-42). The content almost completely coincides with Chapter 8 of the RF IC. In Armenia, Chapter 7 of the Family Code of Armenia, which was adopted on October 9, 2004, is devoted to the marriage contract. The content is also very similar to the Russian IC; it contains the same conditions for concluding, amending and terminating a marriage contract. their common property belonging to each of them”, without specifying the ownership regimes (in the RF IC it is specifically stated: the regime of joint, shared or separate ownership (Article 42 of the RF IC)).

To summarize, we can say that the similarity of the legal regulation of the countries of the post-Soviet space is due to the close ties between them, since for a long time they were a single whole, and this left its indelible mark on the further development of these states. They do not have such rich experience and wide practice of applying marriage contracts as in Western countries, but they have something to strive for and have someone to borrow experience from.

And although in different countries Marriage agreements differ in some features; I would like to hope that their main purpose everywhere is to protect the interests of each spouse.

To conclude the study of the peculiarities of the use of marriage contracts in different countries, we can say that the main principle of a marriage contract in modern countries with different legislation, way of life and way of life is that a marriage agreement must be in all respects reasonable, fair and accessible to all citizens.

Chapter 2. The procedure for concluding a marriage contract and requirements for its content

Concept, form and procedure for concluding a marriage contract

The institution of a contractual regime for the property of spouses (Articles 40-44 of the Family Code) gives spouses the right to independently determine the content of their property relations (rights and obligations) in a marriage contract. For the first time in Russian legislation, the possibility of concluding a marriage contract was provided for in paragraph 1 of Art. 256 of the Civil Code, where it was stated that “property acquired by spouses during marriage is their joint property, unless an agreement between them establishes a different regime for this property.” As a result, spouses received the right to freely dispose of property acquired during marriage, taking into account modern socio-economic conditions and the way of life of the population, as well as based on their specific circumstances and interests. Civil Code norms general on the marriage contract of spouses were further developed in the UK. In ch. 8 “Contractual regime of marital property” of the Insurance Code regulates in sufficient detail the relations associated with the conclusion, execution, modification, termination, as well as invalidation of a marriage contract. The concept of a marriage contract is given in Art. 40 SK.

A marriage contract is an agreement between the persons entering into marriage or an agreement between the spouses that defines the property rights and obligations of the spouses in the marriage and (or) in the event of its dissolution. By concluding a marriage contract, the contractual regime of the property of the spouses is established, which may differ from the legal regime of the property of the spouses.

It can be stated that the marriage contract has not yet become widespread in Russia. This is especially true for marriages between young people who are not burdened with expensive property and large financial savings. It is possible that in practice, it will be mainly wealthy citizens who will use the opportunity to conclude a marriage contract, as is customary in most foreign countries, where such a mechanism for regulating property relations between spouses has been provided for a long time, but in fact has limited application 1 .

A marriage contract has a complex legal nature. It is one of the types of civil contracts aimed at establishing or changing the legal regime of property (Article 420 of the Civil Code defines an agreement as an agreement of two or more persons to establish, change or terminate civil rights and obligations). Therefore, a marriage contract must meet the requirements that the Civil Code imposes on civil contracts (the legal capacity of the parties, their free expression of will, the legality of the content of the contract, compliance with the established form). In addition, amendments and termination of a marriage contract are made on the grounds and in the manner provided for by the Civil Code for amendments and termination of a contract. At the same time, a marriage contract has certain specifics compared to other civil law contracts, which is enshrined in the UK. Features of a marriage contract relate to its subject composition, the time of conclusion, the subject and content of the contract.

The subjects of the marriage contract, as follows from Art. 40 of the IC, there can be both persons entering into marriage (i.e. citizens who are not yet spouses, but intending to become them), and persons who have already entered into a legal marriage - spouses. The ability to enter into a marriage contract is related to the ability to marry. Therefore, a marriage contract can be concluded between capable citizens who have reached the age of marriage (i.e., eighteen years old). If a person has not reached marriageable age, but has received permission from a local government body to get married, then he can enter into a marriage contract before registering the marriage with the written consent of his parents or guardians (Article 26 of the Civil Code). After marriage, the minor spouse acquires full civil legal capacity (Article 21 of the Civil Code), which means he has the right to enter into a marriage contract independently. Emancipated minors have the right to independently enter into a marriage contract upon marriage in the prescribed manner, since from the moment of emancipation they become fully capable (Article 27 of the Civil Code). A citizen limited by the court in legal capacity (Article 30 of the Family Code) may be the subject of a marriage contract, but with the consent of his guardian. Obviously, a marriage contract relates to transactions of a strictly personal nature, therefore, it cannot be concluded either by the legal representative of the person entering into marriage or the spouse, or by proxy by a representative (trustee).

A marriage contract can be concluded both before the state registration of marriage and at any time during the marriage (Article 41 of the Family Code). However, a marriage contract concluded before the state registration of the marriage comes into force from the moment of state registration of the marriage. At the same time, the law does not provide for time restrictions related to the establishment of any deadline from the moment of concluding a marriage contract until the moment of state registration of marriage. Thus, a marriage contract can come into force after any (including quite long) period of time after its conclusion. It is important that state registration of marriage between persons who entered into a marriage contract takes place. And on the contrary, if, despite the conclusion of a marriage contract, state registration of the marriage never took place, then such an agreement has no legal force and does not give rise to any legal consequences. It should also be borne in mind that concluding a marriage contract is a right, and not an obligation, of persons entering into marriage and spouses 1 .

1 Which of the answer options contradicts the personal rights and responsibilities of spouses?

right to choose a surname

inequality of spouses

freedom to choose place of residence

2 in case of abstention from concluding a marriage contract, the property of the spouses is:

joint property

property of one of the spouses

state property

3 Do spouses have the right to divide their own property during marriage?

yes, they have

no, they don't

4 mark the correct answers. The marriage contract comes into force:

from the moment of marriage

before marriage, if it was drawn up in advance

from the moment of notarization

5 the marriage contract is concluded for:

restrictions on the legal capacity and capacity of spouses

regulation of personal non-property relations between spouses

regulation of personal property relations between spouses

6 which option is not related to this concept of “personal rights of spouses”

inseparable from their carriers

cannot be the subject of any transactions

have a cash equivalent

7 Does the division of property between spouses depend on the income of the husband and wife, even if there is a big difference?

no, the property is still divided equally

yes, most of the property goes to whoever has more income

8 If spouses have invested money in a bank, in the event of a divorce, whose will it be?

the one in whose name they are registered

9 if there are minor children in the family:

property is divided into equal shares only between spouses

divided based on the interests of minor children and the worthy interest of one of the spouses

10 A bank deposit made by spouses from their common property in the name of minor children is divided in the event of divorce:

between spouses

between all family members

belongs to children

11 ownership, use and disposal of the common property of the spouses is carried out:

by mutual consent of the spouses

freely

12 a transaction made by one of the spouses with the common property of the spouses, knowingly knowing about the disagreement of the other spouse:

may be declared invalid by the court

cannot be declared invalid by a court

13 indicate the correct answers. In what cases is a marriage contract terminated?

when concluding an agreement with a person who is unable to understand the meaning of his actions or direct them, although he is legally capable

when concluding under the influence of a material misconception

when concluding a contract, notarized, in full sound mind of both spouses

14 property belonging to each of the spouses before marriage:

is property that belongs only to him

is common property

15 can the court recognize the property acquired by each of the spouses during the period of separation as the property of each of them?

no, he can not

maybe upon termination of family relationships

16 Who owns the personal belongings of children upon divorce?

divided by everyone

are not subject to division and are transferred without compensation to the spouse with whom the children live

17 the following applies to the claims of spouses for the division of property whose marriage is dissolved:

three year statute of limitations

two-year statute of limitations

one year statute of limitations

18 Is one of the spouses obliged to change his last name to another after the divorce?

no, I don't have to. He can choose any surname for himself

yes I must. He has no right to use someone else's surname

19 choose the correct answers. A marriage contract can be concluded:

in relation to the existing property of the spouses

regarding future marital property

20 Is it possible to limit the duration of certain conditions in a marriage contract?

yes, it's possible