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Family Law: divorce proceedings, conclusion of marriage (Russia)

Question

Is it possible to make a prenuptial agreement which cannot be canceled in a future divorce by my husband?

Answer

Prenuptial agreement usually helps in solving divorce problems. However, according to art. 44 of Family Code of Russia, the prenuptial agreement may be recognized as invalid by a court fully or in part on the grounds stipulated by the Civil Code of the Russian Federation for the invalidity of the deals. The court may also recognize the prenuptial agreement as invalid fully or in part upon the action of one of the spouses, if the terms of the contract put this spouse into an extremely unfavorable situation. The terms of the prenuptial agreement violating the other requirements of Article 42 part 3 of the Family Code of Russian Federation, shall be void.

According to the Art. 42 part 3 of the Family Code of Russian Federation, the Prenuptial agreement shall not restrict the spouses' legal capacity or active capacity or their right to turn to a court for the defense of their rights; regulate the personal non-property relations between the spouses, their rights and duties with respect to the children; stipulate provisions restricting the right of a disabled needy spouse to obtain maintenance; or contain other terms, which put one of the spouses into an extremely unfavorable situation or which contradict the fundamental principles of the family legislation.
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