Some Peculiarities of the Legislative Regulation of the Marriage Contract Institution in Russia

Abstract

This article examines the specifics of Russian legislation at the time of conclusion and the problems of implementing a marriage contract with an analysis of the regulatory framework in order to amend the legislation. In our country, unlike in the West, a prenuptial agreement is an innovation with a poorly developed instrument (mechanism) of application, which complicates work not only in practice, but also leads to lively disputes in theory. The institution of a marriage contract is a necessary, promising tool for regulating the property relations of spouses, including in the case of divorce and division of jointly acquired property, however, special attention should be paid by the Russian legislator in the field of improving its legal regulation. Using the example of an analysis of judicial practice, the author demonstrates how often there are claims for invalidation of a marriage contract due to the fact that the law does not allow the parties to include all the desired conditions in the marriage contract.