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

How does a marriage contract look like? How shall it be legally formed? What are the main provisions contained in such contracts?

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Answer

Conclusion of a marriage contract is regulated by the Family Code. According to Art. 40, 41 of the Family Code of the Russian Federation a marriage contract is an agreement between persons effecting a marriage or an agreement between spouses regulating property rights and liabilities of the spouses within marriage and in case of divorce. A marriage contract can be concluded with respect to both existing and future property of spouses. Spouses are entitle to define their rights and liabilities with regard to mutual support, means of participation in each other’s income, procedure for bearing family expenditures, define property that will be transferred to each spouse after divorce as well as include any other provisions regulating property relations of the spouses. Rights and liabilities provided for by a marriage contract can be limited by time or depend on happening or nonhappening of certain conditions. A marriage contract can be at any time amended or terminated by spouses’ agreement. All amendments and/or termination shall be executed in the same form as the marriage contract was. Unilateral invalidation of a marriage contract is not allowed. A marriage contract is considered terminated upon divorce unless otherwise provided for by the marriage contract.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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