Can a marriage agreement contain any provisions contradicting to let's say the Family Code? And how will it work in case such provisions are included in a marriage contract? What part of a marriage contract will not have legal power?
A marriage contract can not contain any provisions contradicting to the Family Code of the Russian Federation. Art. 168 of the Civil Code of the Russian Federation provides for nullity of a contract contradicting to the law or any other legal instruments. A marriage contract or any part thereof may be held invalid by the court on the basis of Art. 166-181 of the Civil Code of the Russian Federation. Te court may also hold a marriage contract or any part thereof invalid upon a spouse's request in case contract provisions discriminate this spouse. A marriage contract can not limit legal capacity or competence of the spouses; their right to seize the court in order to protect his/her rights; regulate personal non-property relations between the spouses, rights and liabilities of the spouses with regard to children; contain provisions limiting right of an unemployable impecunious spouse to receive financial support; contain any other provisions discriminating one of the spouses or contradicting to the main provisions of family legislation. Marriage contract provisions violating these requirements are considered void. Art. 43 of the Family Code of the Russian Federation and Art. 450-453 of the Civil Code of the Russian Federation provide for grounds, procedure and consequences of amendment and termination of a marriage contract.