How to change a marriage contract: grounds, procedure of change, judicial practice

The practice of entering into marriage contracts is not as new as it may seem at first sight, and the same oral or written agreement between the groom and the bride has been concluded in ancient Greece and the Roman Empire.

In Russian times of paganism, too, there were oral contracts that resolved matters of inheritance with a view to a distant future, and with the arrival of Christianity, marriage and family matters were regulated by a church that did not recognize the primitive versions of marriage contracts.

In an enlightened Europe in the Middle Ages, a woman became unbelievable and had all the possessions she had before the wedding, had sole control of the husband, and there were no contracts.
Already in the Russian Empire, prior to the traditional ceremony of matrimony, agreements had been concluded between the groom and the bride, which regulated the financial issues of the future celebration.
There was a delicate addition of the amount of resistance that would have to be paid by the party whose fault the wedding would not take place.

Unfortunately, such commitments have often led to forced marriages, which families simply did not wish to cancel because of the threat to the budget, and the practice of concluding marriage contracts is now slowly but surely taking over our country.

Although conservatives continue to view such documents with skepticism (the law is more visible than what to divide) and romance with neglect (first and foremost), in fact, marriage agreements help to protect their property and protect them from a number of contentious situations.

Let's throw away the romance and look at the marriage contract and the ways in which it is dissolved (changed) through the lens of legal dogma.

On what grounds can the marriage contract be terminated or amended?

A marriage contract may be concluded both during the marriage and before it is registered, and it can be concluded from this assertion that either the spouses or the engaged bride and groom, who have already confirmed their serious intentions by applying to the civil registry, have the right to participate in such a notary transaction.

Only property may be the subject of the agreement, and the document regulates property issues not only between the spouses but also between them and the children in common; the agreement shall enter into force either at the time of the registration of the marriage or immediately after the conclusion of the marriage, if the parties are already in a formal relationship.

The marriage contract shall be terminated only in the following cases:

When drawing up an appropriate agreement between husband and wife;
When a court order for its termination has been issued;
automatically after the dissolution of the marriage;
If the document specifies a specific period of validity, from that date.

The treaty cannot be unilaterally broken, the instrument is amended with the mutual consent of the parties, and changes are reflected in the relevant agreement, which is also notarized.

An action may be brought before a court only on the grounds listed in 450–451 St. C.C.:

A gross breach of the provisions of a contract by one of the parties, i.e. the commission of such acts, the consequences of which deprive the other party of any part of the property which it is entitled to under the contract, is material damage;
In this case, the so-called "cool turns of destiny" is meant to change things so dramatically that, if they could have foreseen it, the spouses would never have entered into a contract or made it under completely different conditions.

The application may ask not only to cancel the treaty but also to amend it if the other party does not voluntarily agree to it; it is also worth bearing in mind that there is a notion of invalidity of the treaty.

It is found to be worthless if one of the parties did not realize its actions at the time of its formation, being insane, incompetent or influenced by threats (pressures).

Contracts that attempt to regulate other rights (not property rights), which are contrary to the law, are also declared null and void.

Method of modification and termination of a marriage contract

The couple must then visit the notary office, where the document will be checked and confirmed.

Where a party does not agree to give its consent to avoidance (adjustment) and the proponent is satisfied that there are good reasons for doing so, it should file a claim with the court.Before doing so, it is necessary to put forward a proposal to the second party to revise or cancel the contract.

The next thing you want is a written refusal. If the other half is stubborn, you don't agree with the word, and you don't plan on writing it on paper, you're gonna have to wait 30 days, and then you can have the courage to go to court.

The application must provide a justification for the cancellation (change) of the contract, attach documents confirming the words and (if any) refusal by the respondent to offer to solve the problem in an amicable manner.

Since when does the contract terminate?

Some marriage contracts refer to a specific date after which the document is considered null and void; such contracts are referred to as temporary or of limited duration.

They are usually concluded for a period of time because of the circumstances that have arisen after the forthcoming modification of the contract, and in other cases the contract is terminated after divorce (the division of property), the conclusion of an annulment agreement or the entry into force of the judgement.

Could the legal regime of marital property be changed by contract?

If the parties agree to a legal regime, then there is no need to conclude a contract.

Validation of the marital agreement upon dissolution of the marriage

The contract may be declared null and void even after the dissolution of the marriage if there are good reasons for doing so; the contract is intended for the peaceful settlement of matters relating to the division of property without recourse to a court.

In the years since the conclusion of the contract, many circumstances may change dramatically, and this may not be the case for one of the parties; the grounds for invalidating the agreement remain the same as for the same procedure during the marriage.

Is unilateral waiver of the terms of the contract permitted?

A unilateral refusal to perform a contract is automatically considered to be a breach of the terms of the contract.

Except in cases where a party ' s unwillingness to act under a contract supports a claim to the court to change or cancel the contract, and if the claim is rejected and the justification is not found to be substantial, the marriage contract will remain in force.

In such a case, the guilty party who refused to comply with the terms of the contract must compensate the other party to the contract and sometimes pay the fines.

Judicial practice

Under the terms of the contract, in the event of divorce, their joint property is divided not in half: the spouse receives 75 per cent and the husband only 25 per cent.

A Hamber citizen explained in the statement that he fully agreed with the contract at the time of the contract because he had no forward-looking work and his wife had received four times more, and consequently most of the property had been purchased for her money.

However, five years later, the situation had changed dramatically, and the spouse, having given birth to a child, had decided to leave her career and become a housewife, and Hamberov had found a good job, where he had received two promotions in several years, and his salary was even higher than that of the wife at the time of the contract.

The plaintiff requests an adjustment to the current contract as its provisions infringe on his property rights; there is no written refusal to change anything from his wife to his wife.

The wife did not wish to write it on paper, but only orally, and the court found the plaintiff ' s reasons to be valid and decided to amend the contract.

The future of marriage contracts, at least that's what lawyers think. The treaty avoids the many disputes associated with the division of property, saves time and saves the nerves of the parties to the contract, and also relieves the burden of the judicial system.

Given the sad divorce statistics, it is very useful to have a document that clearly regulates the property rights of the spouses by setting up the material aspects of family life.

Unfortunately, even the closest people can open from an unexpected side over the years, so the contract will protect the interests of both spouses.

For example, the husband worked long hours and saved up to buy a desirable Lux-class car. He did not take a penny from the family copy, and the wife knew very well that the car was his fair share, even though it was bought in marriage.

And if he were to make a contract with his spouse before buying the car, he would have been able to stop the car from breaking its roots.

A simple example shows how gross injustice can be avoided by enshrining the right to property in law in advance.

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How to modify or terminate a marriage contract

Married couples who have entered into a contractual relationship may have problems over time, and in practice they make adjustments to the terms of the contract.

The family code of the Russian Federation states that a marriage contract may be amended or terminated voluntarily.

This condition requires the consent of the parties, which is not always possible.

Consider how the marriage contract is amended and terminated by law:

By agreement;
If it is not possible to achieve it.

Legislative means of modifying the terms of the contract

The possibility of changing the terms of the marriage agreement is set out in article 43 of the UK. The text of the paragraph provides partners with two ways of solving problems:

By drafting a new treaty;
In the course of the trial.

It is important that the law does not permit unilateral failure to comply with the conditions accepted by the spouses, which means that without the consent of the partner:

Repeal or amend the paragraphs of the already signed agreement;
Stop the prenup.

In doing so, the law reserves the right of people to demand the repeal of paragraphs that are prejudicial to their interests or the addition of additional ones; in addition, where there are certain grounds, the party may wish to terminate the contract; judicial practice suggests that an agreement between the parties is the best way to do so.

To clarify the situation, consider when changes to the marriage contract may be necessary.

A young, successful, capital businessman will marry a nice girl from the province, and he has an apartment, a country mansion and a bank account with many zeros, and she only has education and a desire to achieve something in life.
Before the marriage, the couple agree on the division of property rights into joint property: three-quarters, because the husband earns a lot of money; she only gets one-fourth of all acquired property; the conditions are fixed by the marriage contract.

Five years later, the situation is changing dramatically: the husband's company is failing, and the pretty girl is not showing a dozen talents, organizing her own business, which is flourishing.

There is a contradiction between the treaty and the realities of life:

The wife now pays most of her income to the family;
Her husband's financial success left only debts.

In such a situation, the document should be adjusted as follows:

Partners can agree to change it:
- The husband shall pay debts from his portion of the funds, which shall be reduced to a quarter or half.
- The wife ' s property share is three quarters or half;
If it doesn't work, we're gonna start a trial.

If you leave the contract in the same way, the man will get most of the company of the spouse, which is unfair, and there may be another solution: the agreement may be terminated, in which case there will be a legal regime of property relations between the spouses (which is disadvantageous to the wife).

Certain legal requirements apply to treaties; if they are violated, the provisions of the instrument are subject to revision.

There were circumstances that could not be assumed when the contract was signed.
There are insurmountable obstacles to the fulfilment of the obligations of either party (or both).
Violation of property rights of partners if conditions are fully met.
The existence in the document of a paragraph that carries excessive risks to one of the spouses.

Reference: Marriage contracts are not prohibited for other reasons, if the partners so wish, and if they agree, they can terminate the contract without explaining it to anyone.

Procedure for amendment by agreement of the parties

In order to change items voluntarily, such work needs to be done:

The parties must agree on new modalities, which are in writing and two options:
- The drafting of a new contract that takes into account previous provisions that have not lost their relevance;
- Write a supplement to the already existing document.
The modification of the marriage contract must be recorded by a notary, i.e. the procedure for the formation of the document is the same as that applied when signing the first one.
The new conditions become valid once the treaty has been signed by all parties (spouses and notaries).

Background: The price of the question depends on who writes the text. The government is 500p. But for expert services, the notary will take between 3,000 and 20,000 rubles, depending on the complexity of the document.

Procedure for obtaining court decisions

If the husband refuses to change the terms of the contract, he will have to bring an action before the court. There is no one-sided way of amending the law a priori; only the court in this situation can:

Delete some provisions;
Supplement the contract with new ones;
Reformulate the conditions.

Background: The courts ' decisions have the following consequences in granting the plaintiff ' s claim:

It waives responsibility for non-performance;
The defendant loses a real prospect of influencing the redistribution of property rights.

It must be understood, however, that the courts cannot compel the partner to sign under the new version of the document; moreover, in order to satisfy the claim, it will be necessary to prove the existence of serious violations of the plaintiff ' s rights (listed above) in the text of the document.

Consider the illustration.

Ivankov ' s marriage was formed by a contract under which the wife and husband are required to share the mortgage fee in half (the purchased apartment is in equity).

But the woman was seriously ill, and not only did she not help her to recover her health, but she also demanded that she fulfil her obligations under the contract, and Ivanokova did not have any money, she asked her husband to change the contract, and the man refused.

Judicial practice in dealing with such situations has established that the right is entirely on the spouse ' s side:

The situation has changed completely, and the woman's income has been reduced due to the deterioration of her health.
If it makes a claim, the court will consider such circumstances:
- Is there a clause in the contract on how the liability of the parties in such a situation is redistributed?
- In his absence, the judge may:
  - To decide on the cancellation of Ivanokova ' s obligations, which will not relieve it of its obligations to the bank;
  - Encourage the woman to consider terminating the contract and filing a new claim for redistribution of obligations to financiers through the legal regime of property relations.

How the Contract Dismissed

There are several documents, each of which terminates the marriage contract in whole or in part.

Supplementary agreement signed by the parties and certified notarized;
certificate (one of them):
- Dissolution (which cannot be abolished in the event of divorce);
- The death of the spouse;
Court decision.

Council: Legal practitioners are convinced that the best solution is the dissolution of the marriage contract by agreement of the parties; it does not require serious arguments and evidence.

In order to terminate a marriage contract, it is necessary to:

Go to the notary office and declare the decision, and carry the originals of such documents:
- The spouses ' passports;
- Certificate of conclusion of bonds;
- Marriage contract;
- It's a receipt from the government.
The specialist shall draw up a document stating:
- substance: termination of the marriage contract, the details of which are indicated in the text;
- The basis on which the previous agreement was terminated;
- The new property regime of the spouses (legal).

Once the document is signed by the parties and registered by the notary, it will enter into force.

The law does not permit the refusal of a signed contract without the consent of the other party; therefore, if the contract is to be terminated, it will have to be brought before a court, and a claim must be made to justify such an intention.

Attention: A suit that is not based on the law will not result in the termination of the contract.

Grounds for termination of the marital contract

The judicial termination of a marriage contract takes place in such circumstances:

Loss of document value due to changing life circumstances.
Significant breaches of the terms of the agreement by the respondent.

The procedure for the termination of a contract by a court of law is as follows:

We need to gather evidence that it has not been possible to reach an agreement with the partner. A written proposal for the dissolution of the marriage agreement is sent to him. He should be given a notice and an account of the investment. It is important that the text contain announcements and proposals relating to the termination of the contract. The second copy, as well as the receipt of the letter, should be kept.
Collection of the necessary documents and evidence.
- Passport;
- Marriage certificate;
- It's the contract that's supposed to be terminated.
Formulation of the claim: The document states:
- Legislative reasons for the claim;
- A description of the situation based on the annexed documents;
- The reason why the contract can be terminated;
- the substance of the demand.
List of annexes.

The clue is that the package and the claim are sent to the court in triplicate, one of which is handed over to the defendant.

Despite the fact that less than 7 per cent of families make up contracts, judicial practice has already been enriched by model examples of such cases, showing that the most common reason for the termination of the contract is the reduction in the material wealth of one or both partners.

Example

The lawyer was asked whether a marriage contract could be terminated if the husband abused its terms.

The partners initially agreed that the property purchased was for the wife and the transport was for the husband.
They bought an apartment and registered Sinitsina as their owner, but after a while, the husband sold the apartment and bought an expensive car, and naturally registered the vehicle for himself.

In this situation, there is a clear violation of Sinitsina ' s property rights because she has been left homeless, and the lawyer advised the woman to go to court, and she will win the case, as well as how the man was able to dispose of the property without her consent (falsification).

After the termination of the contract, Sinitsina will be able to file for divorce and division of property (the car itself), since the regime between the spouses will become legal, she will be able to claim half of its value.

Method of modification or termination of a marriage contract

The practice of signing marriage contracts is becoming more frequent, and it does not indicate mistrust between future or already married spouses, but rather that they are prudent.

The amendment and termination of a marriage contract is guaranteed by law in accordance with the Family Code, and after discussing in advance all possible contentious issues and by signing the agreement, the couple even fears that they may be in conflict on grounds of fulfilment or neglect, or disputes over ownership of property.

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

It turns out that even with the most thorough and careful approach, it is impossible to anticipate any changes that may take place over the years of marriage.

Some of the paragraphs of the document become meaningless or irrelevant, some are worth adjusting and some are not included in the contract at all; in cases where the couple decides to separate, it is not a change but a complete termination of the marriage contract that becomes relevant.

The legal side of the case is clearly governed by the law and the procedure in place for the total termination or modification of contractual obligations.

A marriage transaction may only be entered into by a person recognized as capable (a guardian is required if one of the persons who marry is a minor).

Accordingly, when it becomes necessary to reform or cancel the marriage contract, the case law does not provide for the initiative of outsiders and for interference by third parties in the legal relationship within the family.

Method of amendment and total avoidance

A marriage contract may be amended or terminated both by mutual consent of the parties (real or former spouses) and after the submission of the application to the court proceedings, if consent cannot be reached for a number of reasons.

In the first option, all required changes may be made at any time convenient for the spouses, in accordance with the first paragraph of article 43 of the UK.

Where there is mutual understanding and a peaceful relationship between the parties, the procedure does not take long, a notarized contract is amended or rejected in the same way in writing as in the formation of the contract.

When it is not possible to arrive at a consensus, the modification of the marriage contract is real when the method of recourse to the judicial authorities is used.

Changes in the marriage contract

All clarifications and additions to the paragraphs of the marriage agreement are possible only with the participation of both parties; it is not possible to unilaterally adjust the terms of the instrument under any circumstances.

In the case of a joint decision to modify the contract, the procedure consists of the following steps:

Discussion and clear formulation of the desired changes, either in-house or with notaries, which will help to draw up a preliminary draft with options for the terms of the new treaty;
Evidence of the amendments adopted by the lawyer (all changes to be recorded in writing).

A request to a court is necessary when one of the spouses does not accept the innovation or fails to comply with the deadlines for responding to a request for reform of the document.

In the event of such a situation, the second spouse is required to file an action to amend the contract; if the court takes a favourable decision on the plaintiff ' s request, the marriage agreement may be finalized as required.

The court could not force the defendant to accept and sign the amended contract, but the plaintiff had legitimate reasons to recuse himself or herself and not to comply with the terms of the old contract.

The following factors usually influence the court decision on the adoption of amendments:

Violation of the terms of the contract by one or both members of the family unit;
Significant changes since the date of entry into force of the agreement (most often related to a change in the material condition of one of the spouses or the possibility of damage due to the continuation of the conditions);
Changes in the state of health, disability or loss of the main source of income by the parties.

The introduction of paragraphs at the time of the initial signing of the agreement describing the reasons for the future adjustment of the agreement would help to avoid contradictions and divergences in the course of the change or termination of the disputed contract.

Termination of the contract by mutual consent of the parties

Whether, and if so how, a marriage contract can be terminated is raised by real or former spouses in the event of changes in family status (divorce), a change in the state of health of one of the parties to the agreement (loss of mental capacity or capacity) or the emergence of insurmountable obstacles to the continuation of the terms of the contract.

Automatic avoidance at the end of the period specified in the contract does not imply additional action if there is no desire to resume the contractual relationship between the parties.

If the contract was agreed upon at the time of signature as an indefinite agreement, a number of measures must be taken by the parties in accordance with the Family Code in order to terminate the agreement.

Paragraphs 1 and 2 of the 43rd articles of the UK regulate the termination of a marriage contract, both by agreement of the parties and under a regime involving judicial bodies.

The consensus of the participants shall require:

Draft its (black) termination agreement;
Apply notarial services for assurances (with identification documents, marriage and divorce certificates (if any), the original of the marriage contract itself and the text of the termination agreement);
to pay the prescribed State duty and notary services.

If, for any reason, one of the parties does not agree that the marriage contract is to be terminated and claims against the other party to the bilateral marriage convention, it is necessary to settle the dispute by way of appeal to the courts.

Termination at the initiative of one of the parties

As with the adjustment, the termination of the contract through the court provides for compelling circumstances.
It is a failure by one or both members to comply with the terms or requirements contained in the contract or the inability to comply with all the paragraphs of the agreement in the future due to fundamentally changed circumstances (banking, abrupt change in the financial situation, major changes in the state of health).
The approach to the courts is, in most cases, identical and consists of several consecutive actions.

To begin with, a spouse who takes the initiative of avoidance or wishes to challenge the contract must send a written notice to the second party to the agreement proposing the termination of the contract, which is necessary in order to provide the court with confirmation that the other party has ignored the proposal to settle the relationship peacefully.

If there is no response within the time limit (usually about a month) set in the proposal, this is already the basis for recourse to the courts.

A statement of claim describing the situation is sent to the court, to which is attached a set of documents (copy of passports, marriage and divorce certificates and a copy of the marriage contract), and after a period of time specified by law, the court takes a verdict on the case file.

If there is a need to amend, terminate or challenge a marriage contract, it is simply necessary to act in a manner consistent with the law and, as with the conclusion of a contract, to give careful consideration to every step aimed at adjusting the document.

Source

How can we change our marriage contract?

As a rule, a marriage contract is entered into at the time of marriage and there are often situations in which the spouses wish to change the document. In order to avoid prejudice to the rights of the parties and unlawful acts, the modification of the marriage contract is regulated by article 43 of the Family Code of the Russian Federation.

Reasons for the modification of the marriage contract

The modification and dissolution of a marriage contract is governed by the provisions of the Civil Code and the Family Code of the Russian Federation. The parties to the contract may be married spouses or a couple. The grounds for the modification of a marriage contract depend on the manner in which the changes are made.

The legislation provides for two options:

Voluntary, by agreement of the parties to the contract.
Coercively, on the basis of a statement by one of the parties.

A voluntary change may take place on any grounds that the couple considers to be essential; the consent of both parties is sufficient to modify the contract; the reasons for the change are not determined by law.

The voluntary procedure provides for the drafting of a supplementary agreement to be certified by a notary; if the agreement is confirmed, the notary will verify whether the consent to change is voluntary.

The contract of marriage cannot be amended unilaterally (art. 43). Even if one of the parties to the contract has breached the obligations set forth in the contract, the terms of the contract can only be changed by a court, and the court will verify that there are sufficient grounds for amending the contract without the consent of the other party.

At the request of one of the parties, changes to the marriage contract may be made on the following grounds (arts. 450 and 451 of the Civil Code of the Russian Federation):

One of the partners was in gross breach of the terms of the contract.
There had been a major change in the circumstances that had been taken into account in signing the instrument.
Other reasons which the court considers to be valid for modifying the terms of the contract.

Before bringing the matter before a court, the applicant must submit a proposal to the second party to the treaty to amend the conditions voluntarily, which is provided for in the Civil Code and is mandatory, and the violation of the terms of the document is verified by the court on the basis of the evidence provided by the parties.

Method of modification of the marriage contract by agreement of the parties

When the spouses agree to change the terms of the marriage contract, the couple shall form an agreement to be confirmed by the notary.

The first step should be to prepare a package of documents for the notary certificate:

The passports of the parties to the contract;
The original of the marriage contract;
Marriage certificate;
Agreement to amend the contract.

The law does not specify the binding form of the agreement; the document is drafted in an arbitrary manner, taking into account the requirements of the parties.

It is possible to make a paper on your own, but it is better to contact specialists, and private law firms are responsible for drafting agreements to change the marriage contract.

You can also order a service from a notary for an additional fee (according to approved rates).

The supplementary agreement to the marriage contract specifies the conditions that have been changed, and the agreement can be approved for the updating of the contract itself; in both cases, the document requires notarization.

The final step towards the entry into force of the changes is to visit the notary counter; the parties need to contact the notary personally, with the documents prepared; the couple will explain the effect of the agreement and the notary will be satisfied that the decision was taken voluntarily by both parties.

After all the necessary procedures have been complied with, the couple sign the document and the notary certifys it; each party to the contract will be given one copy of the supplementary agreement; the agreement will be paid in accordance with the notarial rate set out in article 333, paragraph 1, paragraph 1, of the Code of Criminal Procedure; in this situation, the State will be provided with 200 roubles; additional services, such as consultation, drafting of the document, preparation of the document and other services, will be paid in accordance with the statutory tariffs.

How to formalize an agreement to modify a marriage contract

The text of the supplementary agreement should contain the following particulars:

The name of the document;
Reference to the document to be amended;
Date and place of the agreement;
F.I.O., date and place of birth of the parties to the treaty;
Passport data of the parties;
The address of the spouse ' s residence;
Marriage certificate data;
Listing the paragraphs of the marriage contract to be amended and indicating the changes themselves;
The date on which the agreement entered into force;
The signatures of the parties.

The following conditions shall not be included in the marriage contract or in supplementary agreements thereto:

Limitation of the legal capacity of the spouse, rights established by law.
Regulation of personal relations of parties that are not related to the budget, real estate and other property.
Prohibition of the exercise of their rights and the performance of their duties.
Restriction of the right of recourse to the courts.
Questions relating to relations with children.
Prohibition of the requirement of maintenance if there are grounds for doing so.
Other means of regulating family relations that violate civil, family and other laws.

The text of the agreement must meet all the rules and requirements of the law and must be signed only in the presence of a notary, after verification of compliance with the law.

If the marriage contract provides for a time limit for the response to the proposal, after the expiry of the prescribed time limit for non-response, the court may apply to change the terms of the contract; if the contract does not provide for such a time limit, in accordance with article 452, paragraph 2, of the Civil Code of the Russian Federation, the spouse may apply to the court 30 days after the proposal is sent.

In addition to the claim, the following documents will need to be submitted to the court:

The applicant ' s passport;
Marriage certificate;
Marital contract;
Refusal by the second party of the plaintiff ' s proposal or a document confirming the dispatch of the proposal;
Documents that confirm a breach of contract by one of the parties or confirm a change in circumstances in force at the time of the conclusion of the contract;
A receipt of payment of State fees for filing a claim.

The amount of the government service is 200 roubles, and in the case of multiple claims and property claims, the duty is calculated on the basis of the price of the property claim.

Once the claim is accepted, the court will set the date of the court hearing to which it is mandatory to appear; if the plaintiff ' s claims are satisfied, the court ' s decision will be considered the date of the change in the terms of the contract; the court ' s decision is a confirmation that the marriage contract has been amended.

In accordance with article 131 of the Code of Criminal Procedure of the Russian Federation, the application for amendment of the terms of the marriage contract shall state:

The name of the judicial authority and F.I.O. of the judge;
F.I.O. and the address of the claimant ' s residence, as well as of the applicant ' s representative (in the case of a complaint filed by a representative);
F.I.O. and address of the defendant ' s residence;
List of documents attached to the statement of claim;
Date and signature of the applicant.

The content of the statement of claim should reflect:

The essence of the violation or threat of violation of the plaintiff ' s personal rights, freedoms and interests.
The requirement to amend certain clauses of the marriage contract.
The circumstances giving rise to claims.
Evidence supporting the claims.
References to the law on which claims are made.
Information on the pre-trial settlement of the dispute and the submission of a written proposal to the respondent.

According to article 23, paragraph 4, of the Code of Criminal Procedure, article 28, of the Code of Criminal Procedure, an application for judicial review shall be filed with the court of justice of the defendant ' s place of residence; if other claims, such as the division of joint property and the price of the claim exceeds 50,000 roubles, they shall be brought before a district court.

Judicial practice in the modification of a marriage contract

If the plaintiff complies with the requirements for the pre-trial treatment of the spouse and for an appropriate proposal to be made to him, the court shall not be entitled to refuse to accept the application; apart from the application, the court shall accept all the documents submitted by the claimant confirming his claims.

During the court hearing, the court examines the documentation and checks whether there are grounds for amending the marriage contract; an analysis of the judicial practice, as well as of the provisions of article 450 of the Criminal Code of the Russian Federation, shows that the damage suffered by the complainant is considered to be a fundamental violation, especially if the claimant subsequently loses what he had previously received under the terms of the contract.

The court evaluates the evidence on the basis of its own convictions, on the basis of the law, and it is important to remember that the defendant must, on an equal footing with the plaintiff, provide evidence that may influence the decision in its favour.

The following conditions, which require simultaneous confirmation, are considered a significant change of circumstances:

By concluding a marriage contract, the couple did not expect life circumstances to change that way.
The changed circumstances prevent the continuation of the performance of the treaty under the previous conditions.
The performance of the contract without changing its terms entails a violation of the plaintiff ' s property rights and interests.
The text of the contract does not state that the claimant is at risk of the occurrence of such circumstances.

In case law, the court evaluates the change in the financial position of both parties for the purpose of reaching a decision, and the court makes a favourable decision after having ascertained the credibility of the evidence provided.

The spouses often decide to terminate the marriage contract in its entirety, and the grounds for terminating the marriage contract must be substantial and meaningful.

A marriage contract can be broken down on the following grounds:

Violation of a contractual obligation by one of the parties; for example, the spouse prohibits the other spouse from using immovable and other joint property when the latter is entitled to do so.
A change in the external circumstances which, if in force at the time of signing the contract, would affect the conclusion of the contract or the modification of the conditions; for example, the spouse is obliged to maintain the spouse; after a period of time, he is disabled and can no longer support the family and perform the duties stipulated in the marriage contract.

The procedure for the termination of a contract is no different from the modification of the contract; one of the parties to the contract proposes that the other terminate the contract on a voluntary basis; if the other party disagrees or does not respond to the proposal, the spouse may apply to the court.

Recent developments

No significant legislative changes were envisaged in 2023.
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Procedure and conditions for amending the marriage contract

Amend the marriage contractIt is possible, but only strictly within the framework of the norms of the Family Code of the Russian Federation.

Recently, the drafting of a contract regulating the property aspects of marriage has not been uncommon; it is not embarrassing for newlyweds to discuss in advance the financial as well as some other issues that they have to deal with during marriage.

What is a marriage contract, and what aspects do it regulate?The instrument is a legally binding contract to which both newlyweds and already married spouses may be parties.

The contract establishes the basic conditions for the use, possession and disposal of property acquired during the period of cohabitation, i.e. the common property of the spouses.

In addition, the contract regulates the property rights of the spouses, which they may enjoy after the dissolution of the marriage.

In the course of family life, it has been shown that couples often change their beliefs and find themselves wanting to change certain and sometimes all the paragraphs of the marriage contract.

What the law says

The rules guaranteeing the right of spouses to draw up a marriage contract, as well as the conditions and procedures for concluding such a transaction, are laid down in the legal and regulatory acts of the family law.

According to the law, the transaction must meet the following requirements:

The parties participating in the signing of the agreement must be aware of the nature of their acts of good will; a treaty signed under pressure may subsequently be declared null and void;
Before signing the agreement, the notary must explain to the newlyweds the consequences of the transaction and its legal nature.

Whether changes to the content of the marriage contract are permitted

A marriage agreement is a type of contract of a civil nature and it is therefore possible to amend it if it is not contrary to the law and to the paragraphs of the same instrument whose text is to be corrected.

The main condition, without which it will not be possible to change the content of the agreement voluntarily, is the agreement of both parties.

Simply put, if the husband and wife have made a mutual decision to remove or add a clause in the contract, there are no limitations to the implementation of the intention.

If one of the parties to the marriage is againstHowever, it should be borne in mind that in order to justify the claim, the plaintiff would have to make a rather substantial argument, since the latter ' s wish alone was not sufficient for a satisfactory decision to be taken.

If you decide to go to the end and defend your rights in court, it is better to obtain the support of an experienced lawyer specializing in family law, since the drafting of a claim requires the knowledge of procedural rules, let alone knowledge of the substantive rules of law that will have to be used to achieve their goal.

The notary is entitled to amend the marriage contract and then to confirm it with his signature, provided that there are the following grounds:

The existence of a court ruling that the requirement of an amendment to the text of the document by a party to the transaction is satisfied;
Having the consent of the husband and wife to commit the act.

As a rule, the court satisfies the applicant ' s claims in such cases:

If the conditions prescribed in the contract have been repeatedly violated/breached;
The circumstances have changed so much that the terms of the agreement are no longer valid.

Method of amending the marriage contract

If the issue is resolved peacefully, the course of action will be as follows:

Preparation and provision to the notary office of a pre-supposition, listing the points to be changed;
A package of documents relevant to the case must be provided together with the supplementary agreement; this is the original text of the contract, the identification of the spouses, their marriage certificate, and a receipt confirming the full payment of the public service;
The notary familiarizes himself with the text of the new contract, explains to the spouses the key points of the new agreement, their rights and the consequences of their actions, after which he certifies the document with his signature.

The judicial decision of the case involves filing an application with the Magistrate ' s Court, which is necessary for the hearing of the case with a package of documents, and do not forget to attach a receipt of payment of the State duty to the materials submitted.

Modification of the marriage contract

What is a marriage contract?

The marriage contract is a written agreement between the spouses or between two persons who have not yet entered into marriage to regulate their property relations during the entire marriage and at its dissolution, and the Family Code establishes the legal rules governing these legal relations.

It must be understood that the article describes the most basic situations and does not take into account a number of technical points.

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The marriage contract in the Russian Federation is concluded only by a notary and in writing, in which the notary describes the wishes of young people regarding their property relations during marriage, and the notary explains to the spouses the consequences of signing such a document.

In fact, the modification of the marriage contract depends on the will of the parties to the contract.

Thus, with the consent of both parties, the text of the treaty could be amended as necessary, and if there was no mutual agreement to modify, such a treaty could only be amended by a court decision.

The marriage contract may be cancelled or amended if the general requirements for civil transactions are violated; the marriage contract must be amended in writing with the notary ' s certification.

Russian legislation lists only two.grounds for the modification of the marriage contract:

Violation of the essential conditions specified in the marriage contract;
The change in the climate is such that the continued performance of the treaty loses all sense.

A breach of essential conditions must be understood to mean a breach that would have left one of the spouses more than he could have hoped for at the time of signing the marriage agreement.

Judicial practice is based on the fact that:that the modification and termination of the marriage contractshall be carried out only when the circumstances have changed substantially and at the same time four conditions have been met:

At the time of signing the contract, the two spouses could not have anticipated a substantial change of circumstances;
The circumstances could not be overcome by either party on its own;
The fulfilment of the conditions in force so violated the balance of rights and obligations of both parties that one of the parties would have lost most of the rights it had hoped for when signing the treaty;
From the text or actual content of the contract, it should not follow that the risks of a potential change of circumstances lie with the spouse concerned.

Method of modification of the marriage contract

First, it is necessary to try to find a compromise solution for both spouses.
1 option
If there is mutual agreement between the spouses to modify the terms of the marriage contract:

An additional agreement to the treaty must be submitted to the notary.
The text should indicate which articles of the marriage contract were subject to amendment.

In any case, the supplementary agreement is subject to mandatory notary certification;
In addition to the agreement itself on the introduction of new conditions into the marriage contract, the notary should be presented: the marriage contract itself, the documents confirming the payment of the State for legally significant acts, the documents confirming the identity of the spouses and the certificate of marriage.
The notary will verify the completeness and authenticity of the documents submitted and explain to the spouses the consequences of the conclusion of such an additional agreement, and in the presence of the notary, the spouses shall sign an additional agreement, after which the notary shall hand each of them a certified copy.

2 option

If the spouses themselves could not agree on the terms of the new marriage contract.

The husband should first be informed of the wish to change the terms of the marriage contract:
- You can hand over this letter by writing in detail what conditions you would like to change in the letter;
- If the spouse does not receive such notification, it must be sent by registered mail;
- If a reply is not received within the time limit indicated in the letter, it is possible to file documents with the court.
Preparation of a package of documents for the court: Write a statement of claim to be sent to the justice of the peace, accompanied by the supporting documents of the facts referred to in the claim.
In the settlement of the claim, the amended marriage contract becomes effectivefrom the date of entry into force of the court decision.