CrimeaPRESS reports:
Russian spouses note in Federal Notary Chamber, are showing more and more interest in prenuptial agreements. In such a document, you can distribute real estate, deposits, cars, business assets, shares, securities and other property. At the same time, non-property relations cannot be regulated in a marriage contract. In addition, it cannot be concluded after a divorce. For such purposes, there are other legal structures, including mediation agreements. The hosts of the “Morning of Russia” program looked into the details with the participation of the chairman of the commission on methodological work of the Moscow City Notary Chamber, Dmitry Tochkin.
According to the notary, concluding prenuptial agreements is a very popular practice, and it is developing. In the first half of 2023, couples in Russia entered into 7.4% more contracts than in the same period in 2022. Over the five years since 2018, the figure has increased by almost 12.5%. This is a convenient tool for resolving property issues within the family, but other issues cannot be resolved with its help.
The Family Code directly prohibits the regulation of personal non-property relations in a marriage contract. But this does not contradict civil law in general.said Dmitry Tochkin.
For non-property issues, a mediation agreement can be used.
It happens that people on the verge of divorce or former spouses have a dispute, but instead of proceedings in court, they turn to an independent intermediary — a mediator. The specialist helps the parties build communication and achieve a certain result. The agreements are recorded in the mediation agreement. And if such an agreement is certified by a notary, it will have the force of an executive documentexplained the notary.
If one participant in the agreements recorded in the notarial mediation agreement refuses to comply with them, the second will be able to influence him without litigation by contacting the bailiffs directly.
Experts clarify that mediation agreements are most in demand in the field of marriage and family relations. For example, a marriage contract cannot include a clause prohibiting one of the spouses from having a pet. Meanwhile, the mediation agreement may contain a condition that one of them does not have the right to give a pet to children without the consent of the other parent.
Another example. Sometimes couples try to set the permissible number of likes that each spouse can put under other people’s photos on social networks. Or there are couples who want to oblige each other not to tell their parents, friends or neighbors about what is happening in the family. This cannot be done within the framework of a marriage contract. However, such conditions may be reflected in the mediation agreement. For example, it can include a ban on disclosing family secrets and publishing photographs of your ex-spouse. Violations may result in a monetary fine.
According to Dmitry Tochkin, it is important to work through such documents with a competent lawyer. If it is important for the mediator that the “opponents” find a compromise, then the notary also ensures that their agreements meet the requirements of the current legislation and are formalized in accordance with the norms of the law. Before putting a stamp on a document, the notary checks its legality, realism and enforceability.
The assistance of a notary is especially helpful when it comes to complex, multi-stage mediation agreements. For example, when one regulates alimony and the order of communication between a parent and children. The second concerns, say, the division of real estate, the third concerns business assets.
source: FNP website
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