Unilateral refusal to perform a marriage contract

The law provides for cases in which the terms of a marriage contract may be waived.

Unilateral refusal to perform a marriage contract

It's in the marriage contract.

Example: The marriage contract signed by the spouses includes the condition that the wife, on an equal footing with the husband who has his own business, must earn money and make her own contribution to the family budget, since she is no longer burdened.

But if she is pregnant, she has the right to leave her work for as long as the child is in need of it, and the husband is obliged to provide for all the needs of the wife as long as necessary.

1. Gross breach of contract: If a husband or wife violates a contract, thereby prejudicing the interests of the other half, the spouse may request the termination of the marriage contract.
2. Changes in the living conditions of the spouses that make it impossible to perform the contract; if the circumstances make it impossible to perform the contract or result in a violation of the rights of one of the spouses, an action may be brought for the dissolution of the marriage agreement.

A marriage contract may not violate the interests of any member of the family; in such a situation, it may be considered null and void.

How can you refuse to fulfill a marriage contract?

A unilateral refusal to perform a marriage document is provided for in the text of the contract, and a man and a woman may, upon mutual agreement, indicate the situations in which a party is exempt from the performance of its contractual obligations.

If the spouse ceases to support the family, the woman will have the right to claim part of the business and real estate, and the contract may prescribe as a condition the birth of a child, if the woman fails to fulfil this obligation, the husband may refuse to fulfil his obligations.

Breach of contract

The reason for the unilateral dissolution of a marriage document is a significant violation of its provisions by one of the parties, which is expressly provided for in article 450 of the Criminal Code of the Russian Federation.

When the marriage document was signed, the husband and wife agreed on the manner in which the property would be owned and disposed of by the person in whose name it had been issued, and the spouses then sold the property in the common share of the property, with the intention of purchasing an apartment for each person.

But when the husband sold the house, he bought and registered an apartment and a vehicle in his name, and it was clear from the provisions of the marriage contract that the man had become the sole owner of the property purchased.

The court agreed with the wife ' s opinion.

In addition, the Act provides for the ownership of property in shares: the husband receives 2/3 and the husband only gets 1/3.

It is possible to break the marriage contract unilaterally because of a significant change in the circumstances under which it was signed, which is permitted by the provisions of article 451 of the Criminal Code of the Russian Federation.

The observance of the provisions of the marriage contract in the changed environment violates the rights of one of the spouses and results in the loss of property and other material goods which he would have received after the signing of the document; the risk of a change of circumstances concerns only one of the spouses; it is he who has the right to claim a unilateral waiver of the provisions of the marriage contract.

A significant change in circumstances can be seen as the illness of the husband, who was under an obligation to maintain the family in full under the terms of the contract; not only is he unable to comply with the terms of the contract, but he himself needs care and funding.

Significant changes in circumstances do not include those caused by irresistible force; these are two different concepts; in the event of impracticable force, the provisions of the treaty cannot be implemented; the party to the treaty who is in those circumstances bears no responsibility.

We have previously considered the conditions under which a unilateral waiver of a contract may be possible, and we must now understand how to do so in order not to violate the law; it is clear that if one of the spouses fails to comply with the terms prescribed in the marriage contract, the other may not do so; however, one cannot simply stop following the contract.

It is important that the marriage contract be amended or that it be broken only by a court of law.

The lawyers recommend, first of all, that we try to negotiate with the spouse and find a compromise. It is better to change the existing document or to break it at all by mutual agreement. If it is not possible to make a decision that would be acceptable to both parties, one of the spouses (generally those whose rights have been violated) has to go to court.

Documents attached to the claim:

• A copy of the claim;
• Personal document;
• A receipt for the payment of the public service;
• A document confirming the marriage;
• a copy of the marriage contract.

Note: Maybe you'll need other documents, we've only given you an approximate list.

The right to derogate is specified in the document itself and the husband and wife may, by agreement, provide for possible cases in which the party is exempt from the mandatory requirements of the said instrument.

We would like to refer to the case law on the traveling nature of the work.

For example, the spouses have the possibility to include a clause stating that the husband undertakes to pay for the LAC, to bear the cost of food and necessary things, to maintain the vehicle and to pay for the child ' s education, while the wife does not give up the portion of the family business she relies on or the apartment registered with the husband.

In the event of a situation where the husband ceases to provide for family needs, the spouse will be able to claim for a share in the business and apartment, and the contract may provide for a clause at which children are required to appear.

If a unilateral refusal to perform a marriage contract is to be made, it must be confirmed that one of the spouses has violated its terms; this position is enshrined in article 450 of the Civil Code of the Russian Federation, which provides for what acts may be considered as a fundamental violation.

They may consist in causing injury to the second party, which results in the loss of significant material resources expected to accrue to one of the spouses after the contract has been finalized.

For example, once the marriage contract had been concluded, the spouses had established that the common property would be in the possession and possession of the party in whose name it was registered.

Subsequently, the husband and wife dispose of the property, which is the common equity property, for the purpose of purchasing two others in its place, one for each party.

But the husband took out the apartment and bought a house and a car for himself.

The marriage contract established that the husband was the sole owner of the acquired property and that the wife then applied to the judicial authorities for a waiver of the terms of the marriage contract, in view of the fact that the husband had been substantially deprived of her property, in which case the judgement would be on the wife ' s side.

Having concluded that such a provision significantly violated the rights of the spouse, she applied to the court for the unilateral termination of the marriage contract, the court ruled on the satisfaction of the claims, and the property acquired during the marriage was equally divided.

Significant change in the circumstances that led to the marriage contract (art. 451 of the Civil Code of the Russian Federation)

In the event of a significant change of circumstances, the decisive role is given to events that the spouses were unable to envisage, and if this were possible, the marriage contract would not have been concluded or negotiated under other conditions.

At such a moment:

• When the marriage document was issued, the parties to the transaction expected that the circumstances would not change;
• The circumstances have changed as a result of unforeseen and unresolvable facts;
• In implementing the terms of the marriage contract, the change of circumstances violates the material interest of the husband or wife, causing harm resulting in the loss of property that the parties had envisaged at the time the document was issued;
• The likelihood of the adverse effects of a change of circumstances lies with only one of the parties, and it is subsequently competent to bring a claim for unilateral refusal to perform the contract before a court;
• When, for example, under a marriage document, a spouse is obliged to provide for his wife and to make the necessary expenses, and suddenly loses his or her ability to work and his or her ability to fulfil the terms of the contract, he or she requires material assistance and maintenance.

We wish to refer to the Order on the Certification of Documents by a lawyer.

It should be borne in mind that irresistible force is a major change in circumstances, and when it arises, it results in the inability to fulfil the conditions stipulated in the marriage document; therefore, a party who is unable to fulfil its obligations for this reason may be relieved of its obligations.

Refusal procedure

There is a procedure for refusing to fulfil the terms of the marriage contract, and you cannot simply ignore your obligations and rights, but you must try to resolve the conflict peacefully, agree on changes and additions to the contract, because of a change in the situation or the situation of one of the spouses.

The application describes the nature of the case and the plaintiff ' s claims with reference to the content of the marriage contract and the legal rules applicable to these legal relationships (article 43 of the SC, articles 450 to 451 of the SC of the Russian Federation) and lists the evidence available.

In view of the latest legislative changes, the legal information in this article may have become obsolete! Our lawyer can consult you free of charge - write a question in the form below:

What should there be in an application for the dissolution of a marriage contract?

If the marriage contract is to be terminated unilaterally, the person concerned must appear in person before the court and file a suit; the document must be written clearly, with a ball handle with black or blue ink.

The text of the declaration shall contain such particulars:

• How, when and under what conditions the marriage contract was concluded;
• Which points of the contract were seriously or systematically violated by the spouse;
• The nature of the circumstances that have changed;
• Which provisions of the law have been violated;
• The plaintiff ' s claims.

The application must be accompanied by evidence as well as a receipt of State duty.

Legal support for unilateral waiver of a marriage contract

You don't know what to do if your husband ceases to fulfil his obligations under the marriage contract?

My husband had a big-income business, and I just graduated from university, and after seven years, the situation changed dramatically: now, in fact, I'm the only one who's been providing for my family, because my husband's business has fallen apart.

Yes, you can do it, but you can only do it in court, so file a lawsuit with a copy of the marriage contract.

The agency's employees have years of practical experience in dealing with family problems, so they can easily find a way out of your situation by protecting your rights to the maximum extent possible.

Unilateral refusal to perform a marriage contract is permitted

Kalinina Eugenia, an education economist and a linguist in calling, editor-in-chief of the project "Alimenty-urist.ru", has 11 years of experience in various publications.

The procedure for the conclusion and termination of a marriage contract is regulated by the Civil Code and the Family Code. These laws clearly define the unilateral refusal to perform the marriage contract; since the agreement is voluntary, the spouses conclude it in their right mind and without coercion, there are no grounds for dissolution; the rights and obligations conferred by the agreement are binding on the parties.

Attention! It is impossible to refuse to fulfil the terms of the contract simply at will. The law does not provide for the notion of "overthinked." In order to cancel the agreement, there must be strong grounds that will have to be proved through the courts.

When can a contract be cancelled?

Unilateral refusal to perform the terms of a marriage contract is permitted if:

1. This possibility is taken up by agreement of the parties and is contained in the contract, and the spouses have provided for situations which they consider to be fundamental to the waiver of the terms.

For example, by prior agreement, the husband must decide all matters relating to the maintenance of the family.

It buys food, clothing for all family members, pays for children ' s education and the wife ' s cost of cosmetics, provides annual leave and weekly holidays.

The wife, in turn, does not claim the property of the partner or his income from business and deposits; once the husband ceases to fulfil his obligations, the wife will be able to claim her share and her marital property.

The birth of a child is a good enough reason to change the terms of the contract. It can be used to unilaterally refuse to comply with the terms of the agreement if it is prescribed in the document itself.

Violation of contractual terms: The Civil Code provides for situations that amount to a breach of the terms of the contract; these are the circumstances created by one party, which caused the damage to the second half; for example, the substantial loss of the material goods that the applicant had expected when signing the agreement; this may constitute a valid reason for unilateral withdrawal of the contract.

For example, the spouses have established a separate regime of ownership, according to which everything registered in the name of one of the parties is his personal property.

And here's the situation, the couple decides to sell the shared house (the common property of the spouses) in order to buy two separate dwellings for the money sold.

As a result, after selling the house, the husband buys an apartment and a car, registering objects in his own name.

In view of the terms of the contract described above, the husband becomes the full owner of the acquisitions, but the person is in breach of the agreement; in order to protect the husband ' s own rights, he may apply to the court; and if she proves that she has been deprived of her right to a share of the common property, justice will be restored.

Second example: A wife who has lost her ability to work must receive financial support from her husband.

The contract also provides that in the event of divorce, the husband will receive 2/3 and the wife 1/3 of the common property.

But the husband did not assist the spouse in need, so she can claim to be divided by law (50/50) and the husband violated the contract and the wife refused to do so.

1. A significant change in the circumstances under which the agreement was signed (article 451 of the Civil Code) is those situations which the parties could not have envisaged, for if they could have foreseen them, they would have been included in the agreement.

Unforeseen circumstances are those which:

• The pair was not taken into account;
• Changed for reasons beyond the spouse ' s control;
• Violations of the property interests of the party;
• The risk of adverse change arises for one of the parties that initiates the avoidance accordingly.

Consider, for example, the same situation: the spouse is obliged by the agreement to support the family; he is ill and therefore unable to fulfil his obligations to her; he will initiate the withdrawal of the terms of the contract, since he already needs material support.

For the record, the circumstances that may affect the parties ' compliance with the contract are set out in articles 165 to 181 of the Civil Code.

Unilateral avoidance

At the initial stage, the couple should try to negotiate; the spouses could always make changes, cancel the document bilaterally; if one of the participants felt that his interests had been infringed, he could demand that justice be done in a court of law.

A statement of claim must be made, specifying the circumstances of the case, and the following information must be provided:

• The terms of the agreement;
• The substance of the violations;
• This is the newly created fact that caused the changes.

All points must be argued in the contract and supported by legislation, and papers must be collected to confirm a particular circumstance.

On the basis of the circumstances examined, the court may decide:

• Refusal of the termination of the treaty;
• On the inclusion of the estates in an existing agreement;
• the termination of the document.

As we see it, the rejection of the terms of the marriage contract is a legitimate procedure: knowing their rights will protect their own interests and achieve justice in any situation.

The standard procedure for unilateral avoidance is described above. Life situations are very different, along with new circumstances, the behaviour of the parties concerned is changing. Online legal advice will help you to focus on a particular situation, to find the right way to deal with the situation.

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Unilateral refusal to perform a marriage contract: avoidance procedure

The concept of a marriage contract is not very common at present, but the conclusion has many advantages for people entering into marriage.

Many newlyweds or long-term spouses do not agree with the provisions of the Family Code on the division of property acquired jointly after divorce, since in life it is often the case that one earns more and spends more on family and housing and the other does not work for himself or herself.

Where unilateral waiver of a marriage contract is possible

According to article 450 of the Civil Code, it is not possible to unilaterally refuse to comply with the terms of a marriage contract, except for certain situations, as well as a number of violations that we will tell you about.

If the possibility of refusing to fulfil the prescribed obligations is established as one of the clauses of the marriage contract

It is clear that refusal without good reason, simply because one of the parties has changed its mind to fulfil its obligations, is not possible. The conditions under which a treaty can be revised or individual actions can be cancelled must be specified in the contract. Let us give an example for a better understanding.

The wife takes care of the household and the children, while the husband earns the money, fully maintains it, provides full housing, but in divorce, what he has earned from the money he earns, he and his wife do not share in half.

However, the husband had difficulties with work or business, and as a result the wife had to go to work, and as a result she refused to comply with this condition of the contract.

A significant change in the position of the parties compared to when the marriage contract was concluded

These are changes that each of the parties could not have foreseen in the drafting of the contract and which, for the time being, significantly complicate the implementation of the agreements (article 451 of the Civil Code of the Russian Federation).

That is, if the circumstances were present at the time the treaty was signed, it might have been drafted under very different conditions, most often for unforeseen reasons, or for a man beyond his control to change.

We are not talking about the circumstances that prevent one of the spouses from fulfilling their obligations under the treaty, i.e., it is not an irresistible act when living conditions force us to break the contract without our own free will.

Severe breach of the terms of the marriage contract by one of the parties

In the event of substantial breaches of the agreements under the marriage contract, it may be annulled (art. 450 of the Civil Code of the Russian Federation), which is particularly concerned with conditions that cause enormous material damage and also violate the interests of one of the parties, the other spouse of which he or she has knowingly done so.

For example, under the terms of the marriage contract, all property that would be bought during the marriage and registered in the name of each of the spouses would not be divided; for example, in life, they had a joint apartment and wanted to sell it to buy two smaller ones.

As a result, the spouse who realized the real estate property purchased one apartment and a car that was registered in his name, thereby violating the interests of the other party and causing substantial property losses.

Unilateral refusal to comply with the terms of the marriage contract without clear violation of the terms and difficult insurmountable circumstances is possible only with the voluntary agreement of the parties.

Method of unilateral waiver of the terms of the marriage contract

The only way to resolve this issue unilaterally is through a court of law, so you have to have a good reason, and a good evidence base that will help you win this difficult case, well, if you can get the support of a lawyer.

Not only will he represent you in court, but he will also help you get the statement right, as well as the evidence.

In addition to the correct claim, it is necessary to refer to the content of the articles of the law that regulate the matter (article 43 of the Criminal Code and article 450-451 of the Criminal Code of the Russian Federation).

The claim is brought before a justice of the peace or district court, depending on the price of the question. If, as a result of a favourable decision, you receive material compensation in excess of 50,000 roubles, the application shall be submitted to the district judge at the second party ' s place of registration, and the following documents shall be attached to the application:

• Copies of passports from both sides;
• Marriage contract;
• Marriage certificate;
• :: pre-sentences to a marriage contract, if any;
• State tax receipt;
• certificates, receipts and other certified documents which may be evidence of unilateral waiver.

If you are on your way or do not have the opportunity to apply to the appropriate judicial authority, you can send a statement along with a package of documents (copy) by mail and present the originals when you appear in person.

On this point, it is very important to state in detail what your interests are being violated and why you did not take these facts into account at the drafting stage.

Once the judge is acquainted with the case, it usually takes up to one month, he or she will set up a trial where he or she will eventually be able to make one of the decisions: to refuse a request for unilateral failure to comply with the obligations under the marriage contract, to modify its content in part or to terminate it altogether.

Which would be for refusing to comply with the agreed agreement

Refusal to comply with the terms of the treaty entails its revision, amendment or total abolition.

If, during its existence, any property transactions have already been performed, this may entail the liability of one of the parties or the cancellation of the transaction and compensation for damage (art. 450.1, para. 3 of the Civil Code of the Russian Federation).

Model action for modification or termination of contract

There is no single standard for all claims, but they must comply with the general requirements set out in articles 131 and 132 of the Code of Civil Procedure.

Modification and termination of the marriage contract

It is best to amend or terminate the marriage contract voluntarily by agreement of both parties, taking into account the circumstances in which one of the spouses found himself and why he makes the request; this right is not contrary to the law and is set forth in article 43 of the Family Code.

In this case, the spouses need to revert to the notary, where new amendments to the contract will be made, or they will be completely terminated if no property transactions have previously been carried out.

Otherwise, if one party does not wish to make concessions, the only way to change the situation is to file a complaint with the judicial authority (art. 450, para. 2 of the Criminal Code of the Russian Federation).

Decision of the court to amend the marriage contract

If you have no other option but to pursue a judicial claim, after examining the case and hearing both parties, the judge may make the following decisions:

• Refusal of the claim and the plaintiff would then have to perform the prescribed obligations under the contract;
• Change in part the terms of the contract that violate one party ' s interests;
• Complete termination of the treaty.

In the determination of a judicial opinion, the judge must take into account the consequences of a unilateral refusal.

If the court decides to change or terminate the marital contract, then at the next stage you have to go to the notary for the said amendments, or give full assurance of the cancellation of the contract and then draw up a new one (if you wish).

The judgement will also contain instructions concerning property transactions that have already taken place (if any), their future fate and, if necessary, material compensation.

That is, in view of all the above, it is best to resolve the matter on a reciprocal, voluntary basis by agreement between the two parties.

In this way, you can independently regulate the operation of the marriage contract, amend it or abolish it in its entirety, with the assistance of a notary, if the interests of one of the parties are seriously impaired; otherwise, you will have to apply to the courts.

Since the law does not provide for a unilateral waiver of obligations under the marital contract, it is not always possible to expect the judge to accept your party.

Modification and termination of the marriage contract

Family Law "Marriage and Divorce "

• A marriage contract is an agreement between people who marry or an agreement between spouses.
• Contents
• A marriage contract is an agreement between people who marry or an agreement between spouses that regulates the financial relationship between husband and wife before the dissolution of the marriage.

A marriage contract in form may be written or certified notarized.

This contract has nothing to do with the agreement on the division of property; the content of the contract may state:

• Property of spouses: Common joint property and that part of the income that is shared or separated are prescribed here.
• A list of obligations for mutual maintenance or maintenance of one of the spouses, in which case it is mandatory to comply with the rules on maintenance.
• Means of participating in each other ' s income: This condition is justified in the case of both spouses ' income or in the case of one spouse who does not have a separate income but who is entitled to a percentage of the other ' s income.
• Cost-sharing and order of business.
• The distribution of property that becomes possible in the event of divorce, such provisions make it possible to avoid disputes after the dissolution of the marriage and to avoid recourse to the courts.
• Other provisions that relate to the property relationship of the spouses.

A marriage contract may also provide for transactions in property, for example, it may be prescribed that a transaction of a certain amount requires the written consent of the second spouse; a special paragraph may prescribe the proceeds of transactions in property that belonged to the husband or wife prior to the marriage.

Conditions which the marriage contract shall not contain:

• Limitation of the capacity and capacity of spouses
• Loss of the right of recourse to the courts
• Establishment of a personal relationship of a non-material nature
• Establishment of children ' s rights and responsibilities
• Provisions which restrict the rights of the spouse who is unable to work or who is unable to work.
• Conditions that disadvantage the husband or wife
• Provisions that are contrary to family law

The modification or termination of a marriage contract may be:

• Subject to the agreement of both parties
• Judicial proceedings
• Trial proceedings are possible:
• When one spouse does not agree to change or terminate the marriage contract
• In the event that one of the spouses fails to respond within the time limit provided for in the contract.

Modification and termination of the marriage contract

Unforeseen circumstances that do not comply with the terms of the contract may result in a modification of the marriage contract; the modification and termination of the marriage contract will occur if the obligations and the terms of the contract are fully fulfilled.

It is up to the court to determine the true state of affairs and to determine the materiality of the circumstances on which the spouses have decided to change the terms of the contract.

According to articles 451 and 451, none of the spouses can claim compensation for what was performed prior to its dissolution or modification.

Method of amending the marriage contract

The contract of marriage may not be modified unilaterally and may be amended by two options:

In such a case, the changes must be in writing and notarized; in the absence of notary marks, the document shall be invalid.

The manner in which the spouses act in this case is as follows:

• Come to an agreement on the need for changes
• Make a list of changes or get help from lawyers.
• Visit a notary to obtain a certified signature.

2. In the event of recourse to the court and a judgement in favour of the plaintiff, the latter would have the opportunity to amend the contract, in which case the nuance would be that the defendant could not be required to comply with the new terms of the contract; nor would the claimant be liable for failure to comply with the old obligations.

Termination of the marriage contract

The dissolution of a marriage contract is possible on the basis of an agreement between the spouses, and all persons who have the capacity to do so are entitled to conclude or terminate the marriage contract without providing compelling reasons and reasons.

The law does not specify the possibility of the dissolution of a marriage contract at the wish of one of the parties, in which case the matter can be resolved only through judicial proceedings, which may be based on the following grounds:

• Significant breaches of the terms of a party ' s marriage contract, which is the most common among possible grounds.
• A significant change in the circumstances that prevents the performance of the obligations under the contract, including the deprivation of the spouse ' s property to a greater extent than that set forth in the contract.
• Other reasons considered by the court to be respectful include the illness of one of the spouses, incapacity, loss of employment, etc.

Procedure for filing a claim for modification or termination of contract

When applying to the court, the amount of the duty must be paid initially and a package of documents must be provided:

• Claimant ' s passport
• Existing marriage contract
• Marriage certificate

The procedure for avoidance through the court is as follows:

• A written notice should be sent to the spouse proposing the termination of the contract, with the possibility of receiving a reply for up to 30 days (the time limit should be better indicated in the letter itself). If there is no reply during the period in question, the court may apply.
• Collect the required documents

The statement of claim, unlike the letter of offer to terminate the contract, must be written in accordance with the rules.

• Name of vessel
• Claimant ' s full residence and contact number
• Respondent ' s data
• Full description of the grounds for termination of the marriage contract
• Provision of evidence of attempts to resolve the situation outside the court ' s jurisdiction
• Court demand to terminate contract
• Date of filing of claim
• Complete list of attached documents

Visit to the court and obtain the court ' s decision: In the event that the court has decided to grant the plaintiff ' s claim, the contractual obligations of both parties shall cease from the date of entry into force of the decision.

Termination of the contract by mutual consent of the spouses

In such a case, the contract may be terminated at any time, in which case the spouses must visit a notary office where a document is issued to ensure the mutual consent of the spouses to the termination of the contract.

The document shall also be issued in accordance with certain rules:

• Name
• Date and place of agreement
• Data of spouses
• Reference to legal provisions allowing the termination of a marriage contract
• Basic provisions of the agreement
• Signature of the parties
• Signature of notary and his props

In order to assure the notary of the termination of the contract, the spouses must produce such documents:

• Passports
• Marriage agreement
• Draft avoidance agreement
• Marriage certificate

The notary is obliged to explain the consequences of the termination of the contract to the spouses before signing the agreement; in the event that the husband and wife agree, they sign the document and each receives a copy of it.

Under what circumstances does the marriage contract cease to be valid

In the event of the death of one of the spouses, the marriage contract is considered null and void and the contract does not regulate the distribution of the deceased spouse ' s property.

• Divorce: Only those provisions which stipulate the duties of the spouses after divorce shall have legal effect
• In this case, the validity of the marriage contract is not simply terminated; it is considered to be uninhabited; it renews the provision that occurred prior to the signing of the contract.
• Dissolution of the marriage relationship: The course of dissolution is of no importance; in any case, once a court decision has been handed down or an act has been signed by a notary, the marriage contract is null and void.

Procedure for amending the contract and necessary documents

The modification of the marriage contract, as well as its signing, is possible at any time as stipulated in the Family Code; it can be amended as many times as necessary; however, the nature of the changes must be sufficiently strong from the point of view of the court.

The change process on a voluntary basis takes place quickly and the document is certified notarized, in which case the spouses need to be provided with a list of documents:

• Passports
• Current marriage contract
• Marriage certificate
• List of desired changes

The procedure for amending the contract is not limited; adjustments are usually set out in a separate document, which lists the items to be modified; a new version of the contract is sometimes processed; the document is certified on the condition that both spouses are physically present.

Is it possible to refuse to perform a marriage contract? The right to refuse a marriage contract

Unilateral waiver of a marriage contract is not permitted.

In such a case, at the choice of the spouses, the rights and obligations established by the marriage contract shall cease from the moment of their conclusion or on the date of their application to the notary.

Since the marriage contract is voluntary, the spouses may voluntarily refuse to comply with it; the refusal must be submitted in writing to the notary by both spouses in person.

Before accepting a refusal and issuing a procedural document in this regard, the notary must ensure that the applications are written by each of the spouses and signed by them, since the refusal of the marriage contract must not determine the reasons for the refusal, but must explain to them the consequences of the refusal.

Such applications may also be made by former spouses after the dissolution of the marriage if the terms of the marriage contract are also provided for in the event of divorce.

The Civil Code also regulates the refusal of a marriage contract, in accordance with article 214, paragraphs 2 to 4, of the Ukrainian Civil Code, for example, persons who have committed two or a multilateral transaction have the right, by mutual consent of the parties and in the cases provided for by law, to renounce it, even if they have fully complied with its terms.

• The rejection of the transaction takes place in the form in which the transaction took place.
• The legal consequences of refusal of a transaction are determined by law or agreement of the parties.
• The marriage contract shall terminate on the date on which the spouses file with the notary and their registration, and not on the date on which the notary decides to waive the marriage contract.

Everything that has been received in the past prior to the acceptance of the waiver of the treaty is neither returned nor compensated, although, in my view, on the basis of article 214 of the Ukrainian Civil Code, that the parties may agree on the fate of the treaty, the possibility of the return of the treaty is not excluded.

There's another practical question, can one of the spouses appeal the rejection of the contract?

We think it is possible: a party's rejection of a previous transaction, and a marriage contract is a form of transaction, for example, in the performance of a refusal under the influence of deception, delusion, violence, etc.

Refusal of a marriage contract can be appealed only through a court of law.