Prenuptial agreements

What is happening

An entrepreneur is getting married and wants the company and its profits kept out of any division. Or the opposite: one spouse is giving up their career for the family and wants that contribution recognised. Either way, the contract settles questions that would otherwise be left to a court on divorce.

A couple is buying a flat with a mortgage: one pays the instalments, the other's parents provide the deposit. The contract lets them fix the shares in advance rather than arguing later about whose money went into the flat.

Sometimes a contract has already been signed, but it was made from a template: vague wording and clauses a court may treat as void. We review such documents and propose changes while the relationship still allows agreement.

What the law says

• A marriage contract can be concluded before the marriage is registered, in which case it takes effect on registration, or at any time during the marriage. It must be in writing and notarised (the Family Code).
• The contract can replace the default regime of joint ownership with joint, shared or separate ownership of all property, of certain types of property or of each spouse's property, including property acquired in future.
• It can also cover mutual maintenance, each spouse's share in the other's income, how family expenses are met, and which property goes to whom on divorce.
• The contract cannot restrict the right to go to court, govern personal non-property relations or rights concerning children, limit the right of a spouse who is unable to work and in need to receive maintenance, or place one spouse in an extremely unfavourable position. A court may declare such terms invalid.
• A spouse must notify their creditors when the contract is concluded, amended or terminated; if they fail to do so, they remain liable regardless of what the contract says.
• Where company stakes are included, the terms must be aligned with the charter and with Federal Law No. 14-FZ of 8 February 1998 "On Limited Liability Companies".

What we do

• We establish what both spouses want to achieve and list each one's assets, income and liabilities.
• We propose a property regime: what stays joint, what becomes separate, and how future purchases and the business will be treated.
• We draft in plain language and leave out clauses a court is likely to strike down.
• We discuss the draft with the other spouse or their lawyer and incorporate agreed changes.
• We see the signing through at the notary.
• We review contracts already in place and prepare agreements to amend or terminate them.

What we will need from you

• Both spouses' passports, and the marriage certificate if you are already married.
• A list of assets with documents: real estate, vehicles, company stakes, significant deposits.
• Loan agreements and details of any suretyships you have given.
• Business documents: the charter and any shareholders' agreement.
• Each party's wishes: what matters to keep, and how expenses and income should be shared.