Everything about changing and terminating a marriage contract in

A prenuptial agreement concluded many years ago may turn out to be irrelevant and even illegal.

Therefore, the law provides for the possibility of changing and terminating a marriage contract if it no longer meets the interests and needs of the spouses.

Article 43, paragraph 1 of the Family Code of the Russian Federation states that the contract can be changed or even terminated if there is mutual consent at any convenient time.

The law provides for amendment and termination of:

• by consent of the participants;
• judicially.

But, like other civil cases, it begins with pre-trial settlement of disputes.

If it is not possible to reach an agreement on termination of the contract or make changes to the document peacefully, then you can contact the courts.

Changing the marriage contract

The courts often consider property disputes between spouses . In judicial practice, jointly acquired property is a stumbling block between husband and wife.

A married couple can insure themselves against possible conflicts or quarrels based on property rights.

The situation with changing the marriage agreement can be illustrated using the following example . For example, a successful native Moscow resident married a provincial girl without much prospects.

The husband, in order to protect his property and financial assets in the event of a possible divorce, enters into a prenuptial agreement with his wife. Let's assume that the spouse is entitled to 2/3 of the common property, and the spouse can claim 1/3.

This is quite fair as long as the husband has his own promising business. However, a successful business cannot always be kept afloat. Due to the inhumane policies of banks or unprofitable contracts, a once profitable business can only bring problems and debts.

The situation can change dramatically if things suddenly go uphill for the wife. As a result, the husband becomes an unemployed debtor, and she becomes a successful entrepreneur.

In this family, life circumstances have changed radically, and the terms of the marriage contract are no longer relevant.

In order for the document to comply with property legal relations in real time, changes must be made to it by changing the ratio of shares.

However, the husband’s debts are paid according to the previous division of shares, since the debt obligations occurred before the changes were made to the contract.

Grounds for legally changing a marriage contract:

• in case of infringement of the property rights of one of the spouses;
• the terms of the contract cannot be fulfilled due to insurmountable obstacles;
• When signing the document, the husband and wife could not foresee changes in their future.

Due to changes in life circumstances, one of the spouses bears certain risks not provided for in the marriage contract. Therefore, these risks should be distributed through changes to the contract.

The agreement can be changed voluntarily, by mutual consent of the spouses, and in court in the event of a lack of agreement between the two parties.

Important. Unilateral amendments to a marriage contract are not allowed!

Changes to the marriage contract by agreement of the parties

• The same strict rules apply here as for the initial agreement.
• In case of non-compliance with the requirements, the changes made will be considered invalid.
• Rules:

1. Changes must be made in writing. New provisions of the agreement must be spelled out in a separate document. The old and new versions of the provisions of the contract should also be formulated there.
2. Amendments to the marriage contract must be notarized. The absence of a notary mark will invalidate the changes made.

The procedure for spouses based on these rules:

• agree on the need for project changes;
• draw up a written document;
• visit a lawyer to certify changes made to the contract.

If one of the parties to the dispute refuses to make changes, then the problem is resolved in court.

Changing the marriage contract in court

1. The plaintiff must prepare and file a lawsuit to change the marriage contract.
2. If the judge grants the application, then the interested party will have a reason to make changes to the contract.
3. And although the court cannot oblige the defendant to agree to the new version of the agreement, the plaintiff will be freed from liability for failure to fulfill the old contract.

Termination of the marriage contract

• It happens that it is not always advisable to make changes to the marriage contract.
• For example, for spouses this document may simply lose its relevance or the clauses of the agreement may be ignored and not fulfilled.
• Regardless of the reasons, the law provides the right to spouses to terminate the concluded marriage agreement.
• The husband and wife also have the right to decide what to do next - abandon it completely or enter into a new contract.

Grounds for termination of the contract

You can voluntarily dissolve a contractual marriage relationship at any time by reaching an agreement between the spouses. There is no need for legal grounds or compelling reasons for this.

Any legally capable person has the right to terminate or re-conclude contracts.

If there is no mutual understanding between the parties, the matter is resolved in court. If one of the parties initiates termination of the contract, and the other does not want this, the problematic issue can only be resolved in court. To terminate the agreement, the court will need to see compelling reasons from the plaintiff.

One of the most common reasons for refusing a contract is violation of the terms on the part of one of the spouses. Real estate is often the subject of dispute.

1. For example, the spouses agreed in the marriage document that real estate acquired during marriage will be community property, and movable property will be the property of the person in whose name it is registered.
2. There are often cases when, having sold a shared apartment, a spouse uses the proceeds to purchase a vehicle or production equipment for running a business, registering the purchases in his own name.
3. According to the terms of the contract, the acquisitions are the property of the husband, which infringes on the rights of the wife.

Change of circumstances

In each specific situation, the court finds out whether the circumstances have really changed and how much.

Typically, the reason for filing a claim is the changed financial situation of one of the spouses. If the contract is terminated precisely on this basis, then the judge will have to fairly distribute between the parties the expenses that they incurred in executing the marriage agreement.

If we are talking about changing the contract on this basis, then it is also decided through the court, since termination will cause damage to the spouses that significantly exceeds the costs of executing the agreement on the changed terms.

The court also recognizes as valid reasons such as the incapacity or illness of one of the spouses, loss of work or other similar grounds.

Note. According to Article 451 of the Civil Code of the Russian Federation, neither spouse can demand in court compensation for what was already performed before its change or termination.

Procedure for terminating a marriage contract

A family contract can be terminated at a notary's office if the husband and wife voluntarily want to do this.

Otherwise, the only place for its termination will be the court.

The agreement cannot be terminated elsewhere. It is also important to know that unilateral termination of a marriage contract is prohibited!

Even if one of the parties has every reason to do so, he must follow the procedure prescribed by law.

They already go to court in case of refusal or impossibility of reaching an agreement out of court.

Termination of a marriage contract by agreement of the parties

If there is consent of the spouses, then the procedure for terminating the contract can be carried out at any convenient time, without causing much trouble. To do this, a written document of consent to terminate the contract must be drawn up and certified by a notary.

The legislation does not impose any special requirements on its content, but it must have the following details:

• title at the top: “Agreement on termination of the marriage contract”;
• date and place of conclusion of the document;
• information about the parties to the termination of the contract: full name, date and place of birth, passport details, residential address;
• information about the marriage contract being terminated: registration number, date and place of its conclusion;
• reference to legal norms giving the right to terminate the contract between spouses;
• provisions of the agreement;
• signatures of the parties, details;
• notary's mark.

The notary must provide the following documents:

• passports of the parties to the transaction;
• Marriage certificate;
• concluded marriage contract;
• written agreement to terminate the contract.

Before the spouses sign the document, the notary must explain to them the consequences of concluding the agreement. If the husband and wife agree with the stated terms, they put their signatures on the agreement.

The notary makes a mark and enters registration data into special registers. The parties to the agreement receive one copy of the agreement.

Termination of a marriage contract in court

If consent to terminate the contract cannot be obtained, then you can go to court if you can provide compelling reasons, such as:

• change of circumstances;
• violation of the terms of the contract by one of the parties;
• the emergence of controversial issues.

To terminate a family contract in court, the following steps must be taken.

Send a proposal for divorce to your spouse in writing . It is necessary that the fact of refusal can be confirmed in court. The letter can be composed in any form. It is better to send by registered mail and indicate a response time of up to 30 days. After this period, you can go to court.

Preparation of documents for the court . At the legislative level there is no mandatory list of documents, but you may need:

• original marriage contract;
• evidence of the defendant's violation of the terms of the contract or change in circumstances;
• Marriage certificate;
• passport;
• a copy of the written proposal to terminate the agreement;
• refusal of the spouse (if any);
• receipt of payment of state duty.

File a claim with the court to terminate the contract . It must be compiled according to all the rules of 2020. It should contain the following data:

• the name of the court where the claim is filed;
• details of the plaintiff and defendant: full name, date of birth, place of residence;
• grounds for termination: how the terms of the agreement were violated or how the circumstances that were agreed upon when concluding the contract changed;
• description of dispute resolution before trial;
• other evidence and reference to documents;
• request for termination of the contract;
• list of documents attached to the claim;
• date of filing the application, signature of the plaintiff.

Attend a court hearing and receive a decision . If the claim is satisfied by the court, after the court decision enters into force, the marriage contract is considered terminated. The rights and obligations of husband and wife cease.

When does a prenuptial agreement expire?

1. In case of voluntary termination of the contract by the spouses at a notary or in court.
2. The agreement was declared invalid. In this case, he is not even considered a prisoner.
3. Divorce is grounds for termination of the contract in accordance with Art. 43. An exception is the procedure for the obligations of one of the spouses to support the second disabled spouse.
4. Death of one of the spouses. A prenuptial agreement does not address the disposition of property. Legislative rules on inheritance or will come into force.

If you need to make changes, challenge or terminate the marriage contract, then act in accordance with the law.

When concluding an agreement, carefully consider all actions aimed at adjusting the agreement.

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Source: http://semeinoe-pravo.net/izmenenie-i-rastorzhenie-brachnogo-dogovora/

The procedure for changing or terminating a marriage contract

The practice of signing marriage contracts is becoming increasingly common. It does not indicate mistrust between future or already married spouses, but rather speaks of their forethought.

Change and termination of the marriage contract is guaranteed by law in accordance with the Family Code. Having discussed all possible controversial issues in advance and signed the agreement, the couple even insures themselves against possible conflicts due to the fulfillment or neglect of any conditions or quarrels over the ownership of property.

When does it become necessary to change or terminate a marriage contract?

The contract has been drawn up, the marriage has been concluded, family life goes on as usual... It turns out that even with the most thorough and careful approach, it is simply unrealistic to foresee in advance all the changes that may occur over the years of married life.

Some paragraphs in the terms of the document become meaningless or lose their relevance, some need to be adjusted, and some were not included in the contract at all. In cases where a married couple decides to separate, what becomes relevant is not a change, but a complete termination of the marriage contract.

The legal side of the matter is clearly regulated by the law and the existing procedure for the complete termination or modification of contractual obligations.

Only persons recognized as legally capable can enter into a marital transaction (if one of the persons entering into marriage is a minor, the permission of the guardian is required).

Accordingly, when it becomes necessary to reform or annul a marriage contract, judicial practice does not provide for the initiative of outsiders and the intervention of third parties in legal relationships within the family.

The procedure for making changes and completely terminating the contract

A marriage contract can be changed or terminated either on the basis of mutual consent of the parties (current or former spouses), or after submitting the application to court proceedings, if agreement cannot be reached for a number of reasons.

In the first option, all the required changes can be made at any time convenient for the spouses, in accordance with the first paragraph of Article 43 of the RF IC.

If there is mutual understanding and peaceful relations between the parties, the procedure does not take much time; amendments are made to the notarized agreement in the same written way as when creating the contract, or termination of the document is accepted.

When it is not possible to reach unanimity, changing the marriage contract is possible by using the method of applying to the judicial authorities.

Changes to the marriage contract

All clarifications and additions to the clauses of the marriage agreement are possible only with the participation of both parties. Under no circumstances is it possible to unilaterally adjust the terms of a document.

In the event of a joint decision to make modifications to the text of the contract, the procedure consists of the following steps:

• discussion and clear formulation of the desired changes, either on our own or with the involvement of notaries, who will help to correctly draw up a preliminary draft with options for the terms of the new agreement;
• certification of accepted amendments by a lawyer (all changes must be recorded in writing).

A request to the court is necessary when one of the spouses does not accept the innovations, or does not comply with the deadlines stipulating the provision of a response to the petition to reform the document.

If such moments arise, the second spouse needs to file a claim to amend the contract. If the court makes a positive decision at the request of the plaintiff, the marriage agreement may be subject to the required modification.

The court cannot force the defendant to necessarily accept and sign the amended version of the contract, but the plaintiff has legal grounds to deny responsibility and not follow the terms of the old version of the contract.

The court's decision to accept amendments is usually influenced by the following factors:

• violation of the terms of the contract by one or both members of the family unit;
• significant changes in the state of affairs that have occurred since the date the agreement entered into force (most often such moments are associated with a change in the financial condition of one of the spouses or the possibility of damage due to the continuation of the conditions);
• changes in health status, loss of ability to work, or loss of a primary source of income by the parties.

To avoid contradictions and discrepancies when making changes or terminating a disputed contract, it will help to include clauses containing descriptions of the grounds for adjusting the agreement in the future at the initial signing of the agreement.

Termination of the contract by mutual consent of the parties

The question of whether it is possible, and if so, how to terminate a marriage contract, is raised by current or former life partners when there is a change in marital status (divorce), a change in the health status of one of the parties to the agreement (loss of sanity or legal capacity) or the appearance of insurmountable obstacles interfering with the further fulfillment of the terms of the contract.

Automatic termination of the transaction at the end of the period specified in the contract does not imply additional actions in the absence of a desire to renew contractual relations between the parties.

If, upon signing, the agreement was stipulated as an open-ended agreement, then in order to terminate the agreement, the participants will have to take a number of measures in accordance with the Family Code.

Paragraphs 1 and 2 of Article 43 of the RF IC regulate the process of dissolution of a marriage contract both by agreement of the parties and in a regime that involves the involvement of judicial authorities.

When participants reach consensus, the following is required:

• draw up your own version (draft) of the agreement on termination of the contract;
• resort to notary services for certification (and provide identification documents, marriage and divorce certificates (if any), the original of the marriage contract itself and a version of the text of the agreement on its termination);
• pay the prescribed state fee and notary services.

If for some reason one of the parties does not agree with the need to terminate the marriage contract and makes claims against the other party to the bilateral marriage convention, the dispute must be resolved by appeal to the courts.

Termination of a contract at the initiative of one of the parties

• As with making adjustments, termination of a contract through the court requires the presence of compelling circumstances.
• This is the failure of one or both members of a family couple to comply with the conditions or requirements contained in the agreement, or the inability to subsequently comply with all points of the agreement due to radically changed circumstances (bankruptcy, a sharp change in financial situation, serious changes in health).
• The algorithm for contacting the court authorities is in most cases identical and consists of several sequential actions.

To begin with, the spouse who takes the initiative to terminate or wants to challenge the clauses of the contract must send a written notice to the second party to the agreement with a proposal to liquidate the contract. This step is necessary in order to provide confirmation in court that the other party ignored the proposal to resolve the relationship peacefully.

If a response does not arrive within the period predetermined in the proposal (usually about a month), then this circumstance is already grounds for appealing to the courts.

A statement of claim is sent to the court describing the current situation, to which a set of documentation is attached (copies of passports, marriage and divorce certificates and a copy of the marriage contract). And after the period specified by law has passed, the court makes a verdict based on the materials of the submitted case.

If there is a need to amend, terminate or challenge a marriage contract, you should simply act in a manner consistent with the law and, as when concluding a contract, carefully consider every step aimed at adjusting the document.

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Source: https://zakon.temaretik.com/1831252004928490435/poryadok-izmeneniya-ili-rastorzheniya-brachnogo-dogovora/

Everything about a prenuptial agreement in 2020

Contractual regime of property of spouses - marriage contract

Joint property - what is called the legal regime of property - is not the only option for property relations between persons who entered into a marriage union on the territory of Russia.

The second type is a contractual regime, for which another definition is more often used - a marriage contract.

Ordinary everyday items, real estate (land, room, apartment, home ownership, etc.), shares and other securities, ownership shares in various enterprises, cars, means of production (machines, conveyors, etc.) can act as direct property.

The breadth of names of possible property implies a high level of responsibility and independence of the husband or wife in property relations. Therefore, spouses often resort to regulating them on the basis of a special marriage contract.

A prenuptial agreement is an agreement that serves as the basis for determining the nature of property rights.

It defines the rights and obligations of the parties (spouses) in the event of a divorce and remains one of the popular types of standard civil law contracts.

The property and areas of relationships that are affected when drawing up a marriage contract are determined only directly by the husband and wife. Regulatory documents do not impose mandatory requirements for the inclusion of certain items.

The simplest of prenuptial agreements may simply describe the percentage/share in the property of each spouse upon separation of the marital relationship, or it may be a rather complex regulation of relations that comes into force upon divorce.

 

• The range of issues covered by a marriage contract can be roughly described in the following paragraphs:
• - changing the legal regime of joint ownership of property to another;
• — rights and responsibilities of husband and wife in the financial and economic activities of the family;
• - types of income / profit that are involved in the marital relationship;
• - rights and obligations provided for within the framework of various forms of maintenance by spouses of each other;
• - description of property and the nature of its possible transfer from wife to husband or from husband to wife during divorce;
• - any property relations between married people.

It is possible to change the property regime both for valuable property that appeared after marriage and for that which appeared before its conclusion. It is typical for a marriage contract that it may indicate the rights and obligations of the spouses regarding the property that may appear later, but is actually absent.

1. The regime of joint ownership or shared ownership, as well as the regime of separate ownership of property, can also be described within the framework of a marriage contract concluded between spouses.
2. The marriage contract prohibits:
3. — allow for the limitation of legal capacity and rights, including the ability to go to court for the purpose of protection;
4. - regulation of personal relations between husband and wife that are not of a property nature, as well as rights and obligations regarding the child;
5. — deny or limit the rights of a disabled husband or wife to maintenance;
6. - set conditions that are contrary to the basic principles of the family specified in legislative acts, as well as conditions that clearly put one of the parties in an unfavorable position.

Source: https://if-ns.ru/sem-ya-i-deti/vse-o-brachnom-dogovore-v-2020-godu.html

How to conclude a marriage contract in 2020 - latest changes in legislation

With the introduction of the Family Code of the Russian Federation, for the first time, the legislation of our country allowed citizens to enter into marriage contracts. There were no marriage contracts before the revolution, just like in Soviet times.

Marriage agreements can be concluded both before and after marriage registration. If it was concluded before the marriage was registered, it will begin to operate only after the marriage is registered. The marriage contract mentions the spouses that the persons will become after

marriage registration.

To conclude a marriage contract, we recommend following the following algorithm.

Step 1. Decide on the content of the marriage contract

The law establishes a regime of joint ownership: we divide what we have acquired during the marriage in half.

The marriage contract provides for the possibility of combining the modes of togetherness, separation, conditional (deferred) community, you can shuffle it as you like.

The Code states what combinations are possible so that citizens understand them. A marriage contract may provide for a regime of separateness for some items, a regime of compatibility for others, and a regime

deferred property for others.

The Code shows citizens that only property issues relating only to the spouses themselves (not children, etc.) can be settled in a marriage contract.

It would seem reasonable to provide in the marriage contract some issues of a non-property nature, for example, concerning the upbringing of children or if a Jew and a Muslim marry, who in the marriage contract stipulate what religion their child will have. But legally this cannot be done. If this is written down in the contract and even certified by a notary, this part will be invalid and the contract in this part will not be valid.

Here we list in detail the conditions that cannot be contained in a marriage contract.

If the terms of a marriage contract regarding the regime of joint property place one of the spouses in an extremely unfavorable position (for example, one of the spouses is completely deprived of the right of ownership of property acquired by the spouses during the marriage), such conditions may be declared invalid by the court at the request of this spouse.

Step 2. Prepare the necessary documents

To conclude a marriage contract, in particular, you will need:

•  identification documents of each spouse;
•  marriage certificate (if the marriage is registered);
•  documents confirming ownership of property.

We recommend that you first check with a notary for the list of documents required to prepare and certify a marriage contract. If they are not provided, the notary may refuse to certify the marriage contract or it will be impossible to include provisions relating to separate property.

Step 3. Contact a notary

The marriage contract is concluded in writing and is subject to notarization. To certify the marriage contract, you can contact any notary.

For notarization of a marriage contract, you must pay a state fee (notarial fee - when applying to a private notary). If necessary, legal and technical notary services are also paid in accordance with established tariffs.

Remember about debts

Each spouse is obliged to notify their creditors of the conclusion, modification or termination of the marriage contract. If this obligation is not fulfilled, the spouse is liable for his obligations, regardless of the contents of the marriage contract.

If you have a family law problem, feel free to chat with our on-duty lawyer for advice. The service is provided completely free of charge.

Source: http://www.markint.ru/kak-zaklyuchit-brachnyy-dogovor-v-2020-godu/

The procedure for changing and terminating a marriage contract

Changing and terminating a marriage contract unilaterally is not completely legal. However, it is possible to change some clauses of the executed agreement. You can make adjustments to the agreement in two ways - through a peace agreement, or by initiating legal proceedings.

Termination of a marriage contract is permissible in a situation where the executed agreement violates the interests of one of the spouses, does not comply with current domestic legislation, or when life circumstances have changed significantly.

A prenuptial agreement is a marital agreement that sets out property rights and obligations during the union and after the dissolution of the marital relationship. Moreover, such an agreement can be concluded even when the spouses have not yet officially signed their signatures. But until they marry on an official basis, the marital agreement will not have legal force.

The law allows you to draw up a marriage contract at any time during marriage – even after 30-40 years of marriage.

The advantage of drawing up a marriage contract is as follows. This is a convenient tool for establishing the specific rights and responsibilities of both parties. It guarantees the fact that in the event of a possible divorce, one or the other party will not forget about its obligations that were drawn up earlier.

The marital contract is drawn up in writing. The document must be certified by an employee of a notary agency. Otherwise, the agreement will not have legal force.

The content of the contract could be as follows:

• establishment of rights and obligations that relate to property, both already acquired and to the possible future;
• determination of the spouses’ responsibilities for mutual financial support and joint financial expenses;
• specifying the procedure for dividing joint property if the spouses want to divorce.

As for the property regime, it can be either shared (spouses separately own specific shares) or separate. In the latter case, financial independence is achieved for both the husband and his wife.

If the drawn up marriage contract contains the following conditions, then it does not comply with current domestic legislation (a specialist from a notary agency will refuse to certify it - such a document is also easy to challenge in court):

• restriction of the legal capacity of a husband or wife;
• limiting the ability of any of the couple to initiate judicial review of the case to protect their own rights and interests;
• restriction of the right of a person who has lost the ability to work to financial maintenance and material support;
• regulation of the rights and parties of one or another spouse in relation to their minor children.

In addition, it is not allowed for a marital contract to put any of the couple in an unfavorable situation or to contradict the fundamentals of the RF IC. Sometimes an agreement is concluded under the influence of physical threats of violence or fraudulently on conditions unfavorable for any of the couple - this is also illegal.

Spouses have the right to conclude two types of marriage agreements - fixed-term and indefinite. The last option is the most popular, but judicial practice shows that a fixed-term marriage contract is the most optimal.

If one of the spouses realized that one or another clause of the concluded agreement violates his interests, then there are several options for getting out of the current situation.

1. Making changes according to the peace agreement

If both the husband and wife agree to make changes to the marriage contract, then this process is carried out voluntarily. The document must be certified by an employee of a notary agency.

The specialist will need to provide the following package of documentation:

• applicants' passports;
• certificate of marriage;
• a valid marriage contract;
• agreement that appropriate changes be made to the document.

Download a sample agreement to terminate a marriage contract

The legislation does not provide for a specific sample agreement. Applicants have the right to compose it in free form. But at the same time, it is recommended to seek help from a notary, who will take into account all the nuances and write an agreement that meets all legal requirements.

There are the following features of the procedure for making adjustments to the contract.

• Changes are made in the form of a separate supporting document. It contains information about which clauses of the main agreement have been changed.
• A new contract can be drawn up. As for the former, it will be declared invalid.
• It is necessary that both spouses take part in the process at the same time.
• To use the services of a notary agency employee, you will need to pay for them, as well as pay a state fee.

The document must be notarized.

2. Changes through litigation

If the spouses were unable to agree on making adjustments and draw up a joint agreement, they will have to go to court.

The grounds and procedure for changing the marriage contract are as follows:

• one of the parties violated the condition specified in the marriage contract;
• the spouses drew up an agreement according to specific life circumstances, but over time they changed significantly;
• circumstances occurred that were directly provided for in the contract.

The process of making adjustments consists of the following steps.

• The spouse who initiates the process in question suggests that the defendant change the terms of the marriage contract. The proposal must be made in writing. The best option is to send a registered letter.
• The defendant receives the sent letter and responds to it within the time period specified in the contract. If there is no response, the plaintiff has the right to initiate legal proceedings. If no time limit is provided, the claim must be filed within 30 days from the time the offer letter was sent.
• Next, the plaintiff files a statement of claim with the court at the defendant’s residential address. It will be necessary to provide a description of the life circumstances that resulted in the need to change the terms of the marriage contract. It is also necessary to provide the evidence base for the given description.
• During the court hearing, specialists decide that the marriage contract should be either renewed or terminated. If the plaintiff's demands are satisfied, the adjustments acquire legal force.

In this case, the plaintiff must provide the following package of required documentation:

• certificate of marriage;
• your personal passport;
• marriage agreement;
• documents that confirm the fact of violation by the other party of the essential conditions specified in the marriage agreement;
• papers and certificates proving the fact that the applicant sent his respondent spouse a proposal to adjust the marriage contract on the basis of a peaceful agreement;
• spouse's response, if any;
• a receipt confirming the paid state duty;
• other documentation related to the case under consideration.

It is necessary that the grounds for terminating the marriage contract are truly significant. Ambiguous interpretations are not allowed.

• This or that spouse does not comply with the obligations that are clearly stated in the marital contract. Let’s say a husband does not allow a woman to have full use of their common apartment, car or other property.
• External life circumstances have changed significantly. For example, a husband was legally required to give half of his income to his wife for various monthly expenses. However, he was diagnosed with a serious illness and assigned a certain degree of disability. After this, he lost his earnings and is no longer able to fulfill the conditions specified in the contract.

In this case, the termination of the marital contract is carried out in the same way by which the necessary adjustments are made to the document:

• one spouse sends the other a proposal to change the terms of the contract through an amicable agreement;
• in the absence of a positive response from the second spouse, a person can go to court by filing a statement of claim.

The Vasiliev spouses A.A. and N.K. went to court with a demand to annul the marriage contract. After concluding the agreement, they agreed that Vasiliev N.K.

will support his wife, and upon divorce, will be the owner of 2/3 of the jointly acquired property. During the marriage, the man provided for his wife for the first 5 months, after which the woman found a job and began to support herself.

During the 3-year period, the wife purchased a car and a summer house. Vasiliev N.K. purchased a car.

The woman demanded to dissolve the marriage and stated in the lawsuit that she be recognized as the owner of 2/3 of the jointly acquired property. The court terminated the marital contract, since N.K. Vasiliev’s demand that he would be the owner of 2/3 of the joint property had lost its relevance.

According to the court ruling, A. A. Vasilyeva continued to be the owner of the dacha and the car she purchased, and the car purchased by N. K. Vasilyev remained his property.

A prenuptial agreement is an unpopular practice in Russia of determining property rights and obligations. Nevertheless, a certain percentage of married couples resort to this option for regulating relationships.

Sometimes there is a need to adjust the points specified in the marriage contract, or completely cancel this document. This can happen if one party or the other materially breaches the terms of the contract.

Situations often occur when notaries certify marriage contracts that are contrary to the law. In this case, the other party will need to protect its interests in court. Also, a significant reason for making changes to the document or adjusting it is a significant change in current life circumstances.

There are two ways to change a marriage contract or cancel it - by peacefully agreeing with your partner or by going to court. During the hearing, the judge will hear the opinions of the parties, consider the evidence presented, and then make an appropriate decision on this issue.

If you have any questions, our duty lawyer is ready to advise you free of charge ↓

Source: https://propravo24.ru/pravo/semejnoe-pravo/brachnii-dogovor/izmenenie-i-rastorzhenie-brachnogo-dogovora

Termination of a marriage contract: conditions and procedure

When getting married, couples increasingly began to draw up a prenuptial agreement in order to avoid future controversial situations on basic issues of family life. This document is not a dogma drawn up once and for all.

Life makes its own adjustments, and the termination of the marriage contract becomes natural under the circumstances prevailing in the family.

This article discusses the grounds and ways of canceling a marriage contract using a voluntary agreement and through the courts, as well as the procedure and conditions for canceling this document in different life situations

What is a prenuptial agreement?

Before considering issues related to the dissolution of a marriage contract, let’s figure out what it actually represents.

According to the RF IC, a marriage contract is understood as an agreement between persons entering into marriage or already being married, establishing their rights regarding property in the event of divorce, as well as rights and obligations during the period of marriage and after its end in the event of divorce. Those. the purpose of this document is to regulate family and marital relations of a property nature between members of an established family, including between parents and their children.

With this document, partners have many advantages in the event of a divorce. They do not need to challenge property rights, because all issues regarding its distribution upon divorce are reflected in the contract.

Important! The terms of the marriage contract should not provide for the financial condition of the spouses after the divorce in an extremely unfavorable way for them, contrary to the law, and also set conditions that violate the rights of joint children to their financial support from their parents.

The marriage contract is drawn up in writing. It has legal force only after it is certified by a notary.

The main content of a marriage contract

The contract may include any conditions that do not contradict the law.

For example, if, according to the RF IC, property acquired during marriage is joint and, in the event of divorce, is divided in half between the partners, then in the drafted agreement the spouses can agree on the distribution of property in a different ratio.

They can even, for example, include a clause about leaving the personal property of one of the spouses, in the event of a divorce due to his fault, to the former spouse. This type of transaction allows you to include conditions containing the most detailed details regarding your life together.

However, it must be borne in mind that such a transaction between spouses should concern only property legal relations. Conditions regarding the upbringing and maintenance of children, the procedure for paying alimony for them, are not allowed to be included in this document, because The RF IC provides for the preparation of other documents in connection with the provision of children.

The main points of the spouses’ agreement should contain information on the following issues:

• establishing the property shares of each spouse in the event of divorce;
• financial obligations of married spouses. For example, you can include a clause on providing assistance to the elderly parents of your spouse, and other conditions;
• provision of maintenance for a partner upon the occurrence of certain circumstances. For example, oblige the ex-spouse to financially support after the separation of the spouse in relation to whom he committed infidelity, or in the event of his loss of ability to work.

When does it become necessary to terminate a marriage contract?

During their lifetime, spouses can make adjustments to the terms of the contract or terminate it completely. They can do this voluntarily, having reached mutual agreement, or through the court, when only one of the spouses wants to terminate the contract, and the other does not want to cancel it.

If both spouses agree to terminate their agreement, then they do not need to prove to anyone why they are going to do this.

But for the court, the initiator of the annulment of the contract must present significant grounds that prompted him to take this action. A simple desire on his part will not be enough. We list the reasons why it is possible to terminate a marriage agreement through the court on the initiative of one of the spouses. These include the following reasons:

• one of the marriage partners does not comply with the basic terms of the marriage agreement;
• When signing the contract, circumstances that have changed significantly were taken into account. Those. the conditions specified in the contract do not make sense; they applied to circumstances that have undergone changes or no longer exist at all;
• irremovable obstacles that have arisen do not make it possible to fulfill the conditions specified in the contract;
• if the terms of the agreement are fulfilled in new life circumstances, the property interests of one of the marriage partners will be significantly infringed and his rights to joint property will be violated.

Let's look at examples from judicial practice:

The husband ignored the right to the joint property of both partners and, without the consent of the spouse, sold the apartment purchased with common funds.

He used the proceeds from the sale to purchase a personal car and invested in the purchase of equipment for his personal business.

Since the contract included a condition that only real estate is joint property, and everything else belongs personally to each spouse, then the fact of violation of the contract on the part of the spouse is obvious.

When the contract was drawn up, the husband had his own business, which brought him a significant income, while the wife had no funds at all and was engaged in housekeeping.

Based on the financial situation of each spouse at the time of drawing up the agreement, the terms of the agreement included the main clause on the distribution of joint property in the ratio: 2 shares to the spouse, and 1 share to his wife. The husband's business failed, and instead of income he had debts. Therefore, the wife went to court to cancel the marriage contract, because

it no longer made sense. It is not profitable for the wife to give the ex-husband 2/3 of the remaining joint property after the ruin of his business; according to the RF IC, she will be entitled to half of it.

When both partners agree to the annulment of a prenuptial agreement, they cannot simply brush it aside and not consider it a legal document. They are required to formalize their refusal with a notary in the same way as the contract itself was drawn up. The notary will not be able to unilaterally cancel the contract.

Article 43 of the RF IC allows termination of a contract on the initiative of only one spouse through the court. You should go there when there are disagreements between spouses regarding the fulfillment of the terms of the agreement or its content. Only if it is impossible to reach a joint decision, you can go to court. Before going to court, a spouse is required by law to make an attempt to obtain consent to cancel the contract from the other spouse. The basis for going to court must be a written refusal by the other party to cancel the drawn up contract.

Procedure for canceling a contract by mutual agreement

When terminating a marriage transaction by agreement of the parties, the spouses must visit a notary and issue a written refusal of the contract from him. The execution of this document must comply with the requirements that apply to all official papers and contain the following information:

• the name of the document indicating its purpose “Agreement on termination of the marriage contract”;
• personal data of the parties to the contract subject to cancellation, including full name, date and place of birth, registration address, passport details;
• information about the marriage contract itself: its registration number, date and place of preparation;
• reference to the provisions of the law that provide grounds for concluding and canceling an agreement on the regulation of marriage relations;
• purpose of the document being drawn up: termination of the contract;
• date and place of drawing up the document and signatures of both parties;
• confirmation of the authenticity of signatures by a notary.

The law does not provide for strict requirements for the content of the document waiving the contract. Partners themselves can draw up this agreement, taking into account generally accepted requirements for official documents.

To register it with a notary you will need to present:

• passports of the parties;
• original marriage contract;
• marriage certificate;
• draft cancellation agreement.

Before putting his signature, the notary is obliged to check the draft agreement and the compliance of the information contained in it with the presented documents. Then the parties sign, and the notary confirms their authenticity with his signature and makes a note in the register of registration of the marriage document. The agreement is drawn up in two copies, which, after execution, are handed to each party.

The procedure for judicial dissolution of a marriage contract

As mentioned earlier, the court should be contacted if it is impossible to reach an agreement between the spouses on the cancellation of the contract and significant grounds for its termination. To do this, there is a procedure according to which you need to proceed as follows:

1. Send your ex-partner a formal letter of termination. It is better if it is a registered letter with notification. The message must specify a time limit for a response, for example, no more than 20 days. If after this period there is no response, then you can file an application with the court.
2. Collect the documents necessary for the court: the marriage certificate and the contract itself, a copy of the letter to the spouse requesting its termination, a copy of the receipt confirming payment of the fee and photocopies of the main pages of the passport.
3. Submit a prepared statement of claim to the court and terminate the marriage contract along with the collected documents.
4. At the appointed time, take part in the court hearing to consider the stated claim. If the claim in court is satisfied, the contract will be canceled from the moment the court decision enters into force, and from that time all conditions under the contract will be canceled.

Contents of the statement of claim

An application to the court to terminate a marriage transaction must meet standard requirements for the preparation of documents in court proceedings.

The application must contain:

• the name of the judicial authority considering the plaintiff’s application;
• personal data of the applying spouse, including full name, date and place of birth, registration address, passport details;
• details of the opposite party: full name, date of birth, registration address;
• information about the reasons that caused the need to cancel the contract, including a description of violations of its terms, changes in life circumstances in relation to those that existed during the conclusion of the transaction;
• information about an attempt to achieve a settlement of disagreements with a spouse regarding the cancellation of a marriage transaction, indicating documents and other evidence;
• appealing to the court with a request to cancel the marriage transaction;
• at the end of the application, sign and date it, and then list all the documents attached to the application.

Fee upon termination of a marriage transaction

The cost of the procedure for canceling a marriage transaction depends on the way to solve this problem. Those. the costs will depend on whether the spouses were able to resolve the issue of cancellation amicably and formalized their decision with a notary, or whether they had to go the difficult route through a court decision.

When contacting a notary, they will be required to pay the required notary fee, which is 200 rubles. If spouses require additional technical and consulting services, they will have to pay additional amounts for which a separate tariff is also established.

If a claim to terminate the contract is filed in court, the applicant will have to pay a fee of 300 rubles. This tariff is provided for when filing a property claim in accordance with paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation.

Source: https://lawinfo24.ru/family/razdel-imushhestva/rastorzhenie-brachnogo-dogovora