Lawyers told about the pitfalls of a marriage contract

Galina Pavlova, Managing Partner at Pavlova&Partners, told web-portal Pravo.ru about the terms of a marriage contract.

Marriage contracts are gaining popularity in Russia, but far from everyone knows what terms can be prescribed there. Practice shows that even notaries certify illegal contracts. On the example of the case in the Supreme Court Pravo.ru explains what rights and obligations spouses can include in marriage contracts. And the experts explain tricky situations - whether it is possible, for example, to provide in a "family contract" the frequency of meetings with mother-in-law or compensation for adultery. 

The norms that are at the junction of several branches of law often cause problems. One of the most striking examples is the regulation of a marriage contract. Many lawyers mistakenly apply to such agreement only the provisions of the Civil Code, although it is primarily regulated by Art. 40 of the Family Code (FC). Marriage contract shall have the following mandatory characteristics: specific contracting parties (persons who are married or planning to marry - editorial comment), written form and notarization <...>

Experts also had questions to the specialist who witnessed said document. Galina Pavlova, Managing Partner at Pavlova&Partners, Head of the Family and Inheritance Department, explains that marriage contracts with "extremely unfavorable" terms are "sifted out" even by notaries: "It is therefore surprising that the agreement from the case under discussion was certified at all."

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Ирина Кошечкина