Marriage - entering into a complex relationship between people that may be associated with the emergence of various disputes. In this regard, many spouses decide to conclude a marriage agreement on some issues. The main condition for the conclusion is the notarization of the marriage contract. The cost of this service varies depending on the location and popularity of a particular specialist.
The essence of the marriage contract
An agreement between spouses is a bilateral agreement regarding the property rights of certain subjects of the transaction and their obligations during marriage and in the event of its dissolution. The document can be made both before the registration of marriage, and in the process of living together.
The cost of a prenuptial agreement at a notary in Moscow and other cities of the Russian Federation varies by location of the specialist and the services that he provides to the parties to the transaction.
The conclusion of this type of contract includes several successive stages, which will determine the total amount that will need to be paid.
The main feature of concluding such transactions is voluntariness on both sides. Neither party is entitled to enforce the conclusion of the contract. Therefore, both spouses must be configured to enter into an agreement and agree to the mutual conditions specified in it.
The positive side of concluding this type of agreement is that upon dissolution of the marriage, it will be possible to avoid legal proceedings regarding the jointly acquired or personal property of each spouse, whose fate is determined by the terms of the transaction. In addition, if there is a document, none of the parties will have the right to apply for certain things if they are assigned to a particular party to the prenuptial agreement.
Transaction Stages
Since the notary’s marriage contract is rather expensive in most cases, and corrections and certain conditions will cost additional money, you should carefully consider all stages of the transaction so as not to overpay in the future.
The steps for drawing up a contract between spouses are as follows:
- Discussion of the important terms of the agreement. Spouses need to find compromise options on all contentious property issues. It is important for both parties to remember that the contract should contain conditions relating only to property relations or obligations of the parties. If other arrangements are included in the contract, the transaction may be deemed invalid. Moreover, even if the notary of a marriage contract with a notary is proved, the cost of its preparation will not be reduced or refunded.
- Fixation in writing of all verbal agreements reached by the parties. It is important to indicate in the agreement both the obligations and rights of each party. It is strictly forbidden to infringe upon the rights of a citizen given by the Constitution. This may lead to a challenge to the legitimacy of the transaction. Some specialists include the provision of counseling services for spouses regarding the conditions to include in the contract in the cost of a marriage contract with a notary.
- Checking the terms of the contract with the law. It is necessary to establish the availability of all key data, without which the document will be invalid: the place and date of the contract, data on the parties, signatures of the spouses. The document is made in triplicate. Two of them are given to spouses, and one remains with the specialist.
- Certification of a document in a notary office with stamping. The cost of concluding a prenuptial agreement with a notary will depend on what additional services the spouses used to draw up the agreement. In addition to the fact that the parties themselves must verify the compliance of the document with the norms of the law, it is also the responsibility of the specialist to do this before putting his signature. This service is not included in the cost of a marriage contract with a notary, as it is a direct obligation of this person.
- Entering data on the agreement into a single notary register in a special electronic system. This database is common for all offices, so if a document is lost or damaged, it can be restored from this registry. The restoration of a prenuptial agreement at a notary public (cost) is also determined in the price list.
- Amendments to the contract (if necessary). Like the drafting (termination) of the contract, this service is paid. At the same time, the cost of a marriage contract at a notary in St. Petersburg and other cities is much less than the price for its preparation.
At any stage, the specialist must keep secret any information that he received from citizens during the preparation of the contract or upon its termination. If he discloses the data of the marriage contract or other information that he received in connection with this, he will have to compensate for the harm caused to the parties.
The list of documents for the preparation of the contract
If the spouses have already made a marriage agreement, when visiting a notary, they must present him with a document in triplicate and an additional package of papers:
- copies of passports with all filled pages (and the original for verification);
- documents for children (if available);
- certificate of marriage;
- additional documents at the request of a notary (for example, papers relating to property reflected in the contract).
If the agreement is prematurely drawn up by the husband and wife, and all the documents are provided, the notary only needs to check them for authenticity and compliance with the law, as well as the certification of the contract itself.
The cost of a prenuptial agreement with a notary
In Yekaterinburg and other Russian cities, the services of notary office employees vary widely. Due to the fact that many people do not know the basics of drafting this type of agreement, they pay much more than knowledgeable people.
If during the verification of the document, the notary finds violations of the law, he will not certify such paper. At the same time, he may offer to provide a paid service for making the necessary corrections to the agreement, which significantly increases the cost of work.
If no errors were found, the parties will only need to pay a fixed amount established by legal norms. In 2018, the price of this service is five hundred rubles.
The content of the document certification service
The cost of a prenuptial agreement with a notary includes the following services:
- verification of the contract for compliance with legal standards and authenticity;
- the study of data on the parties to the contract, reconciliation with documents;
- verification of the authenticity of papers confirming ownership of a particular property of the parties;
- advising on the rights and obligations acquired upon signing the contract;
- clarification of the rules and conditions for amending the document (if necessary).
The specified list of services is paid at a fixed price, which is established by the norms of legislation for all notaries in the country. The cost of other services must be found on an individual basis.
Paid additional services
To conclude a marriage contract with a notary, the cost of which is fixed, some citizens need additional services as part of this process.
In notaries, even the service for copying documents is paid. Therefore, spouses need to prepare well before visiting a specialist so that they do not have to overpay a large amount.
It is best to study the price lists of various offices of the city and find out what additional services they can provide. Based on this, taking into account the location of various organs, it is necessary to choose a suitable place.
If the spouses are sure that they will not need additional paid services, they will pay only a fixed amount.
Sample price list for notary services
To calculate the cost of a marriage contract with a notary, you can rely on the following rates:
- Counseling spouses regarding each clause of a written agreement and clarifying the legal positive or negative consequences of each of them costs about two thousand rubles.
- Drawing up a contract by a specialist of a notary's office, taking into account the wishes of the parties, costs about ten thousand rubles.
- The collection and verification of each document, which is a confirmation of the rights to any property of the parties, can reach thirty thousand rubles, depending on the volume of securities.
- The cost of certification of a prenuptial agreement with a notary costs 500 rubles.
The total price of the document
The total cost of a full package of services of notaries, which a specialist can request with full support of the transaction, is approximately forty-two thousand.
The indicated amount is approximate. Depending on the price list of a particular office, the price may be higher or lower. Some notaries also offer some paid services, for which the parties will also have to pay a certain amount.
Benefits for notary fees
The Russian Tax Code provides for a number of benefits for certain categories of citizens. These discounts are provided when applying to government agencies for the provision of any services.
Article 333.38 of the Tax Code of the Russian Federation provides a fifty-percent discount for the certification of a marriage agreement if one of the spouses is a disabled person of the first or second group.
If citizens in the contract indicate the transfer of their property in case of death to the state or constituent entities of the Russian Federation, they are exempted from paying the full fee.
The benefits of this type apply only to the transaction certificate itself. If spouses need additional services in the preparation of the document, they will pay for them in full.
Payment order
You need to pay a fee for certification by a notary of a marriage contract at a notary's office. Many institutions currently provide for the possibility of making payments in cashless form using a credit card.
The notary is not entitled to underestimate or overstate the size of the state duty. If the applicant has any benefits, he must submit to the specialist the relevant supporting documents with copies that remain with the notary.
Duties of Spouses
After the service is provided in full and the necessary payments are made, the spouses put their signature in a special magazine.
This document is mandatory for all notaries to exercise control over all the actions performed by the institution.
The journal contains all the personal information about the customers of the services, the name of the service provided, the cost, the date of the work and the signature of the spouses.
Notary Mark
On the last page of the certified agreement, the notary is required to indicate the cost of the service provided. You can also do this on a separate payment receipt.
The document shall indicate the name and location of the notary's office, personal data on the specialist who performed the work, type of service and cost.
This mark will not only record how much the couple paid for drawing up the contract, but also helps to remember where they turned. If the notary office changes its address or closes, applicants will be able to find out any information of interest to them through a common database.
Amendment of the contract
If the spouses need to make changes or terminate the agreement, this will need to be done in the same office. The service of amending or excluding any conditions in the contract is paid.
In addition, like the preparation of a document, its correction or termination should be mutual. If one of the parties does not agree to any conditions, it will be necessary to resolve the issue in court.
Drawing up a prenuptial agreement with the assistance of a notary is not an easy and expensive affair. Moreover, such a document will help get rid of many difficulties in the future, if for some reason family life does not work out, and it will be necessary to divide the property between the parties.