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MARITAL
AGREEMENT George Mazin
IFF 1-4 Family Code of the Russian
Federation N 223-FZ (articles 40-44):
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Definition A marriage contract is the agreement of the
spouses defining property rights and responsibilities of spouses in
a marriage, and in the case of divorce.
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Making of a marriage contracts The marriage contract can
be concluded before the state registration of the marriage at any
time during the marriage (comes into force from the date of the state registration of marriage)
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The content of the marriage contract Marriage contract can
set the joint, shared or separate ownership of all
property of the spouses, of it’s individual species or of the property of each spouse.
The marriage contract can be concluded with respect to existing and to the future marital property.
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The content of the marriage contract Spouses can determine
ways of participation in each other’s incomes, the order
of their family expenses, etc. and to include their other provisions concerning property relations of the spouses. Circumstances under the marriage contract may be limited to certain dates or made dependent on certain conditions.
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The content of the marriage contract Marital agreement can
not
restrict active or passive legal capacity of the spouses
and their right to go to court to protect their rights regulate personal relations between spouses regulate rights and responsibilities of spouses with regard to children contain conditions that put one of the spouses in a disadvantage
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Modification and termination Contract can be modified or terminated
at any time by agreement of the spouses. Unilateral
refusal to perform the MC is not allowed. The action of the marriage contract is terminated from the moment of termination of the marriage
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The recognition of the MC invalid Contract can be
declared invalid by the court in whole or in
part on the grounds provided by the Civil Code of the Russian Federation for the invalidity of transactions.
The court can also declare the contract void if the conditions of the contract put a spouse in a very unfavorable position.