Prenuptial Calculations Without Divorce

Just a few years ago, the suggestion of signing a prenuptial agreement sounded to many couples almost like an admission of distrust. Today, attitudes toward this instrument are changing: spouses increasingly view it not as preparation for divorce, but as a way to establish rules in advance for ownership of property, business interests, and debts. 

Today, prenuptial agreements are signed by about 11% of couples entering marriage, which amounts to approximately 120,000–140,000 agreements per year. Experts suggest that by the end of 2026, this figure could approach 15%. Over the past six years, Russians have executed around 891,000 such agreements. 

The growing popularity is primarily linked to increased legal literacy among citizens. Prenuptial agreements are less frequently perceived as a symbol of distrust and are increasingly becoming part of family financial planning.

According to sociological research data, two years ago 59% of Russians believed that such a document primarily protects the rights of spouses, while 24% viewed it as a limitation on one partner's interests. Another 47% were willing to recommend signing an agreement to those close to them. Among young people aged 18 to 24, 52% of respondents considered this option.

At the same time, attitudes toward this depend on life experience. It's most often used by entrepreneurs, spouses entering a second marriage after a difficult divorce, and families with substantial assets, mortgages, or significant debt obligations.

From distrust to financial agreement

One of the main reasons for the growing number of prenuptial agreements is the changing attitude toward family finances. If previously such a document was perceived as a display of materialism, now it's increasingly viewed as a way to allocate risks in advance.

Among the reasons for signing an agreement, Russians most often cite protection of personal and financial interests—this motive was indicated by 38% of survey participants. Another 25% associate it with a lack of complete confidence in their future partner, 16% want to simplify potential property division in advance, and 9% view the agreement as an instrument of financial advantage.

The Federal Notary Chamber notes that a prenuptial agreement allows couples to determine the procedure for property ownership and distribute spouses' debt obligations. This instrument is especially popular with entrepreneurs, for whom it's important to separate business assets from family property.

"This document allows property matters within the family to be settled, as well as resolving issues of spouses' debt obligations," the Federal Notary Chamber told Argument Media.

According to attorney and senior partner at the law firm Liniya Prava Valeria Kachura, a significant share of clients are people who have already been through a difficult divorce and want to avoid repeating those conflicts.

"Most often, these are people entering marriage for the second time, having gone through a difficult divorce or property division. They want to protect themselves."

Business, mortgages and debts: the practical side of the agreement

The primary function of a prenuptial agreement is to modify the standard joint property regime. Under Russian law, property acquired during marriage is considered jointly owned regardless of who paid for it or whose name it's registered under.

The agreement allows couples to establish separate property ownership, determine shares, or assign specific assets to one spouse. In practice, this is especially important for entrepreneurs, since divorce can create risks for the business.

"A prenuptial agreement is the best and most versatile tool for distributing assets between spouses," notes head of private client practice at EKM Legal Anna Kazimir.

According to the Federal Notary Chamber, entrepreneurs often use the agreement to protect their spouse from business risks, and the company from potential property division.

Another area of application is mortgages. The document helps determine in advance who will be the borrower and who bears responsibility for the loan. For example, if one spouse has credit history problems or unstable income, the other can independently arrange the mortgage and take on the obligations.

Debt provisions hold particular significance. Against the backdrop of rising household debt among Russians, spouses are increasingly specifying in their agreements who is responsible for loans and credit obligations.

"This is an arrangement about who fulfills debt obligations. Household debt is growing, and the lack of understanding between spouses about who is responsible for loans leads to complicated situations," explains Valeria Kachura.

Regional statistics show that the most prenuptial agreements are executed in Moscow, St. Petersburg, Moscow Region, Krasnodar Territory, and Tatarstan. In regions where the instrument is less widespread, the figures differ dramatically: for example, in Ingushetia the estimate is around one agreement per 20,000 residents.

What terms spouses choose

The content of the agreement depends on the specific situation of the family. Some spouses switch entirely to separate property, while others change the regime only for certain assets.

The document can establish who owns specific real estate, how future purchases are distributed, who pays the mortgage or other family expenses. However, the agreement cannot regulate the personal relationship between spouses.

Attorney Svetlana Fomina notes that today prenuptial agreements are often used to protect assets from potential creditor claims.

"A prenuptial agreement is not just an instrument for dividing property. Nowadays, spouses quite frequently seek this service when they want to protect assets from potential creditor claims."

However, lawyers warn that attempting to use an agreement to transfer assets before bankruptcy can lead to it being challenged.

When an agreement becomes contested

Despite growing popularity, prenuptial agreements remain surrounded by myths. One of them is that the document can be easily overturned in court if one spouse receives less property. In practice, courts don't evaluate the mere fact of inequality, but rather whether a person ended up in an extremely disadvantageous position.

According to Valeria Kachura, approximately 5% of contested prenuptial agreements are declared invalid.

"For example, if under the agreement a large volume of assets went to one spouse, while the other was left with nothing after divorce."

One well-known example was the case of the Blokhin spouses, reviewed by the Supreme Court. After a long marriage, most of the property ended up registered in the husband's name, while the wife, who had been taking care of the home and children, received practically nothing. The court found such terms violated her rights.

At the same time, experts emphasize that such cases are the exception. If each spouse retains property after division, the likelihood of the agreement being overturned is significantly lower.

Why a template agreement can create problems

Lawyers specifically draw attention to the need for individually prepared documents. Using standard forms without considering a family's specific situation can lead to new conflicts.

"The biggest enemy of spouses is entering into a prenuptial agreement using a template," notes Anna Kazimir.

According to her, identical terms can be advantageous for one family and problematic for another. It's important to consider the origin of assets, spousal incomes, and future plans.

Particular caution is needed with wording like "whoever it's registered to, owns it." If all property during the marriage is gradually registered only in one spouse's name, this can become grounds for dispute.

What cannot be included in a prenuptial agreement

A prenuptial agreement regulates only property relations. It cannot include requirements about spousal behavior, number of children, vacation destinations, socializing with friends, or social media activity.

The Federal Notary Chamber notes that spouses sometimes attempt to include such provisions, but they carry no legal force.

A prenuptial agreement also cannot determine who will retain custody of children after divorce or how alimony will be paid—separate agreements exist for these purposes.

The terms of the agreement can be modified, but only by mutual consent of the spouses and with notarial certification. Unilateral withdrawal from the agreement is not permitted.

Prenuptial Agreements as a Way to Avoid Future Conflicts

The primary value of a prenuptial agreement lies in the ability to resolve complex financial matters in advance, while the relationship between spouses remains stable.

Experts note that conflicts more often arise years later, when substantial assets, businesses, loans, or inheritance issues come into play.

According to a family and inheritance disputes attorney and head of the St. Petersburg branch of MKA "Plesovskikh and Partners" Evgenia Kirshenina, Russians' attitudes toward prenuptial agreements have noticeably changed over the past 3–5 years.

"Today, spouses are willing to openly discuss what each can expect during the marriage as well as in the event of its dissolution."

Women are more likely than men to view such documents as a protective mechanism: approximately 27% of women hold this position compared to 15% of men.

Practice shows that an agreement can be useful not only for affluent families. For instance, it can protect a spouse who is temporarily not earning income, caring for children, or contributing to the family not through money but through domestic labor.

Ultimately, a prenuptial agreement becomes less a document about a possible divorce and more an agreement about transparency and accountability. Its growing popularity reflects a shift toward more open discussions about money within families and a desire to reduce future conflicts.