Why Every Couple in Russia Needs a Prenuptial Agreement

Every newlywed couple dreams of living happily ever after, growing old together, and passing away on the same day. In the euphoria of new love, the idea of a prenuptial agreement can seem unromantic and even offensive. Does signing a prenuptial agreement mean we don’t love or trust each other enough? Will we ever need it if we’re truly meant to be together? In reality, a prenuptial agreement has nothing to do with love—or the lack thereof. It is a practical financial document designed to protect both parties and even help save money in the long run. Instead of letting emotions cloud your judgment, consider whether a prenuptial agreement could benefit your marriage. Statistics show that more and more people are recognizing its value, with around 50,000 such contracts signed in Russia each year—and that number is growing.

Unique Aspects of Prenuptial Agreements in Russia

In Western countries, prenuptial agreements have been commonplace for so long that it’s hard to imagine a European or American marriage without one. Due to their widespread use, these agreements have evolved to cover nearly every aspect of married life. A prenuptial agreement abroad can outline various obligations for both spouses—from the frequency of intimacy to requiring a husband to maintain a mustache or a wife to cook pea soup every Friday. It can also include penalties for failing to meet these obligations. The key is that both parties must willingly sign the agreement. Violating a meticulously detailed contract (like the 100-page agreement Brad Pitt and Angelina Jolie reportedly had) could even serve as grounds for divorce, complete with significant financial penalties. Financial blackmail based on prenuptial agreements is not uncommon in the West.

The Russian prenuptial agreement, however, is strictly limited to financial matters. Within this scope, it serves as a powerful tool that can be useful even outside of divorce proceedings. For example, when selling an old apartment and purchasing a new one, the agreement can specify unequal ownership shares, reducing the overall tax burden since the tax authorities won’t consider the purchase as a windfall. For business owners, a prenuptial agreement is indispensable as it can resolve any issues related to the division of assets. Without it, a business would be split equally between spouses, regardless of their actual contributions. Prenuptial agreements aren’t just for tycoons and large business owners; ordinary Russian citizens can also benefit from them. For instance, the agreement can specify which spouse will be responsible for paying off debts or loans. Another useful function is addressing financial responsibilities related to children. While the agreement doesn’t determine custody, it can clearly outline how each spouse will contribute financially to the child’s upbringing. For example, one ex-spouse might cover daily expenses like clothing and food, while the other handles major costs such as university tuition or private school fees. Alternatively, both parties could be required to share all child-related expenses equally.

A common misconception is that prenuptial agreements only cover “major assets” like real estate, cars, and jewelry. In reality, these agreements can address any property, no matter how small. You can include anything from a beloved pet to a pair of old slippers. However, the more complex and detailed the list of assets, the higher the cost of drafting the document. Note that a notary is unlikely to provide advice or guidance on the prenuptial agreement. If you have disputes or disagreements regarding property, it’s best to consult a lawyer first.

How to Create a Prenuptial Agreement

Contrary to popular belief, a prenuptial agreement isn’t signed at the altar. It can be drafted at any time before the wedding, taking effect once the marriage is officially registered. Alternatively, it can be created at any point during the marriage—whether it’s a week or ten years after the wedding. Often, couples sign these agreements before making significant purchases, such as buying a home or starting a business.

Simple agreements can be drafted using standard templates and may not require a lawyer, especially if both spouses easily agree on the division of assets and ownership shares. The terms of the agreement can be modified at any time by mutual consent, making it easy to update the document as circumstances change, such as the growth of a business. Any property not listed in the agreement will be divided equally in the event of a divorce, as per the law.

The situation becomes more complicated if the agreement is signed on the eve of a divorce to avoid splitting assets equally. Such cases can turn into legal battles involving lawyers and heated disputes, with even the most unexpected items ending up on the inventory list—things you wouldn’t imagine could cause conflict, like intimate toys, attic clutter, or homemade preserves!

Challenging Cases

While Russian courts rarely invalidate prenuptial agreements, it does happen. Interestingly, it’s not always the aggrieved spouse who initiates the challenge; often, creditors file lawsuits to nullify these contracts.

First, a prenuptial agreement can be deemed invalid if it was signed with fraudulent intent. Fraud can take many forms, such as mortgages, loans, alimony, or transferring assets to a new spouse to avoid paying compensation to a former one. There have also been cases where agreements signed under the influence of alcohol were invalidated.

Second, a court may dissolve a prenuptial agreement if it places one spouse in an extremely disadvantageous position. For example, if a business is assigned to one spouse in the agreement, but over the years, the other spouse has contributed more effort to its success, they could be left at a significant disadvantage in the event of a divorce.

Ultimately, a prenuptial agreement doesn’t have to undermine romance or hurt anyone’s feelings. It’s simply a sensible way to demonstrate that your financial relationship has reached a mature and responsible stage.

For more information on financial planning in relationships, you can visit NerdWallet.