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Both are governed by the same Chapter 8 of the Family Code of Russia, both, in fact, carry the name of a marriage agreement . The only difference between the two is the time they come into force. It may not regulate any matters apart from those of strictly financial character. Such russian marriage contract as parenting, child support and husband’s and wife’s duties of personal nature are beyond its scope.

There are further limitations on the content of the marriage agreement. Do I need my prenuptial agreement to be drafted under the Russian Law? A Russian marriage agreement may significantly differ from its counterparts in other jurisdictions. It can’t limit the right of a disabled spouse to receive maintenance. The presence of witnesses is not required.

Independent legal advice for each spouse, although highly advisable is, nevertheless, not legally mandatory. Full disclosure of financial circumstances is not required or even customary. When it comes to a multijurisdictional agreement you do want to make sure it is scrutinised by lawyers in every relevant country. You want to avoid a situation where an agreement you worked so hard on tumbles down like a house of cards in the court of one of those jurisdictions.

An agreement may be found void on the grounds common to all contracts in general such as fraud or deceit, coercion and some other. Importantly, under the provisions of the Russian family law it is voidable if puts a party into an extremely unfavourable position. In other words, it has to be fair to both parties. That being said, in almost two decades of their existence in Russian legal practice both proved to be durable legal constructions, as courts have been consistently reluctant to render marriage agreements and prenuptial agreements void. Jump to navigation Jump to search “Marriage contract” redirects here. For the semi-binding contract intended as a promise to wed, see Engagement. In some countries, including Belgium and the Netherlands, the prenuptial agreement not only provides for the event of a divorce, but also to protect some property during the marriage, for instance in case of a bankruptcy.