Yes, this is possible under Russian law.
Living abroad does not in itself prevent spouses from concluding a prenuptial agreement governed by Russian law. This applies both where both spouses are Russian citizens and where only one spouse has Russian citizenship.
In practice, such agreements are frequently used in international families where:
— the spouses own property in different countries;
— there are assets located in Russia;
— the family plans possible relocation;
— the spouses want to determine the applicable law and property regime in advance.
At the same time, it is important to understand that an international prenuptial agreement is rarely only about the wording of the contract itself. In cross-border family disputes, the following issues may become important:
— which law applies to the spouses’ property relations;
— where a future dispute may be heard;
— whether the agreement will be recognised and enforced abroad;
— formal notarisation requirements in different jurisdictions.
For this reason, in international situations a prenuptial agreement usually requires analysis not only under Russian law, but also from the perspective of how it may be treated in another country.
