PRENUPTIAL AGREEMENTS IN RUSSIA

Russia

Prenuptial agreements are generally enforceable in Russia. Family Code, No. 223-FZ, 1995, Arts. 41, 42 (Russ.).

The Russian Civil Code provides that any contract, including a prenuptial agreement, can be declared void if it is not written in the proper form, if it contains content not allowed by law, if one of the parties was without the power to sign the contract, if a party was without competence to enter into the contract, or if a party signed the contract by reason of false pretenses, fraud, or duress. Civil Code, 1995, Chap. 9. (Russ.).

The Russian Family Code provides the court with a broad power to invalidate some or all of a prenuptial agreement, in whole or in part, if it places a party in an “extremely unfavorable position” such as by adversely affecting the party's material well being. Family Code, No. 223-FZ, 1995, Arts. 43, 44 (Russ.).




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