Here is when there is the concept of a marriage contract or a contract that governs the property rights and responsibilities of spouses. The concept of the marriage contract (contract) has long been known to lawyers in many countries. The theory of the marriage contract first emerged in ancient Rome. A man and a woman, before starting a family, made out agreement, which described their property relations, discussing the issues of succession and also in the future of joint property. It is not considered shameful or disgraceful, and this "insurance" was very common until the advent of Christianity. In later times the "Holy Alliance" was governed exclusively and the church. Marriage contract or a contract – the invention of a foreign law-making, and, perhaps, is the main Russian opponents of this argument of the document. Directly prenuptial agreements have appeared in England in the XVII century.

They were supposed to protect the rights of a married woman and her blood relatives in the Family property. Only in Russia to recently, this concept did not exist. And now for the first time in the Russian Civil Code (CC), which entered into force on 01.01.1995 year, there was a clause concerning the possibility to determine the regime of marital property treaty by (Art. 256). The sense of innovation was that the general rule (all the matrimonial assets should be divided equally) appeared an exception. This rule "does not apply if the contract between the spouses otherwise." On In practice this meant that the couple had been to 01.01.1995 may enter into an agreement, which would decide what kind of things which of them would get a divorce.