Is it possible and how to terminate a marriage contract by agreement and in court: grounds, conditions, procedure, judicial practice

From the article you will learn: how to dissolve a marriage contract unilaterally, by agreement of the spouses, through the court, after a divorce, if it was signed under pressure.

The document has many advantages, including the absence of the need to challenge your right to property acquired during marriage after its dissolution, since all issues relating to the ownership, use and disposal of common joint property are usually specified in the text of the agreement.

The article provides information about the conditions and procedure for terminating a marriage contract in different situations. You will also be able to find out what requirements the divorce agreement must meet and how to draw up a statement of claim before going to court.

The legislation guarantees the right of the parties to a marriage contract to change its content or make amendments. The easiest way to do this is if both spouses (newlyweds) agree to perform this action.

Otherwise, the issue of amendments is resolved in court. A similar situation arises if the husband or wife wants to terminate the agreement or invalidate it.

Read on to find out how to do this.

Legislative grounds for termination of a marriage contract

In accordance with the requirements of legislative regulations, the grounds for termination of a marriage agreement are the following circumstances:

• divorce, unless the contrary is provided for in the clauses of the same marriage agreement;
• in case of death of the parties to the contract;
• if there is a document confirming the mutual consent of the husband and wife (newlyweds) to terminate the contract;
• if there is a court decision according to which the contract is declared invalid.

As a rule, the invalidity of a marriage contract entails the application of the consequences of invalidity of the entire transaction. Simply put, if any other legal actions were taken during the operation of the agreement, they can also be declared invalid. Disputes of this kind are resolved through judicial proceedings.

Requirements for drawing up a marriage contract

Requirements for drawing up a marriage contract, the fulfillment of which excludes the possibility of invalidating it:

1. the written form of a document is one of the main conditions for its validity. The conclusion of such agreements orally is not allowed, since it does not comply with the law;
2. clauses of the agreement cannot contradict the law or violate the constitutional rights of both the parties to the agreement and third parties, for example, children;
3. the marriage contract is subject to mandatory notarization;
4. Each party to the agreement at the time of signing must be aware of the nature of their actions and their consequences. A big role when signing an agreement is given to the notary, since it is he who is obliged to explain to the current or future spouses what the individual clauses of the contract mean, as well as what property rights each spouse receives as a result of the transaction;
5. husband and wife must have full legal capacity. If one of the spouses was declared incompetent by the court at the time of signing the contract, the validity of the contract can be easily challenged in court;
6. a marriage contract has legal force only if it was signed by the free will of the parties, that is, no physical or psychological pressure was applied during the conclusion of the transaction.

The procedure for terminating an agreement if there is mutual consent of the spouses

The easiest way to terminate a marriage contract is to cancel it with the consent of both parties to the contract. To implement the procedure, you will need to perform several simple operations:

1. draw up a joint document, the so-called agreement, confirming the consent of the husband and wife to terminate the marriage contract;
2. have the agreement certified by a notary.

So, for example, if at the time of the conclusion of the transaction the husband’s financial capabilities were many times greater than those of the wife, and the contract provided for his obligation to support his wife and children, but after a certain time the situation changed dramatically, the spouses can terminate the contract by drawing up an appropriate agreement. By and large, in this situation, the termination of the contract is of a formal nature, but it is still better to complete the plan and have the agreement on termination of contact certified by a notary. This will help you avoid unwanted difficulties in the future.

The agreement to terminate the marriage contract must contain the following information:

1. Title of the document;
2. date of its preparation;
3. place of signing;
4. personal data of spouses (newlyweds);
5. details of the original marriage contract, the validity of which is subject to cancellation.

Download a sample agreement to terminate a marriage contract

In order for the termination agreement to be legally binding, it must be notarized.

How to unilaterally terminate a marriage contract

If there is a controversial situation, the issue of terminating the marriage contract or declaring it invalid is resolved in court.

As practice shows, most often the basis for going to court with claims of this kind is:

1. failure by the party/parties to comply with its terms;
2. a significant change in the financial well-being of the family, as well as the financial capabilities of each party to the agreement;
3. change in other circumstances that were significant at the time of signing the contract, but lost their relevance after a certain time.

If it was not possible to reach an amicable agreement on terminating the marriage contract, you can try to terminate it through the court. However, we should not forget that a statement of claim filed in court must comply with procedural rules. Otherwise, its consideration may be refused.

To avoid such an outcome and speed up the onset of what you want as much as possible, it is better to seek help from a lawyer specializing in family law. An experienced lawyer will not only correctly draw up a statement, but also develop an optimally effective strategy for conducting the case. Sometimes the professionalism of a lawyer determines whether claims will be satisfied.

Along with the statement of claim, the court will need to submit evidence justifying the applicant’s request to terminate the marriage contract. Evidence must be relevant to the case. The admissibility and relevance of the evidence base is one of the main requirements of procedural legislation.

So, when going to court, you must submit the following documents:

1. statement of claim;
2. documents substantiating the claims (submitted in original);
3. a copy of the applicant's passport;
4. a receipt confirming payment of the state fee.

If the court satisfies the claims, the amount spent on paying the state fee shall be reimbursed at the expense of the defendant.

Please note that the number of documents submitted must correspond to the number of persons participating in the case. Thus, if third parties are not involved in the consideration of the case of divorce, the number of copies must be at least two: for the court and for the defendant.

The claim must contain the following information:

• name of the court;
• information about the plaintiff and the defendant (full name, address, contact details);
• substantiation of claims;
• direct claims;
• list of applications.

Details for paying the state fee can be found on the official website of the court. Before making a payment, it is recommended to check the relevance and accuracy of the information presented on the court portal.

Some nuances of terminating a marriage contract after divorce

As for property rights and obligations subject to fulfillment by spouses during their marriage, the need for this disappears from the moment the marriage relationship ends. In this part, the marriage agreement terminates from the moment of divorce.

Is it possible to terminate an agreement if it was written under duress?

The fact of signing a marriage contract under the influence of physical or psychological pressure is grounds for invalidating the document. The most difficult thing in cases of this kind is to prove that violence took place in this situation. As a rule, this can only be done by bringing in witnesses.

If there are any, go to court to restore your violated rights and demand that the contract be declared invalid.

The same can be done when the transaction was concluded fraudulently or at a time when the spouse did not understand the meaning of his actions, because he was in a state of severe emotional shock.

The procedure for terminating a marriage contract by agreement of the parties and unilaterally

Termination of a marriage contract is an official procedure during which the signed agreement loses its legal force. The procedure can be voluntary, in which the participants independently cancel the agreement through a notary and sign a new one or agree to the legal regime of ownership. The second method is judicial, if termination occurs unilaterally. Spouses have the right to dissolve the prenuptial agreement during marriage or after divorce. Additionally, there is a procedure for invalidating the agreement.

Conditions and grounds for termination of a marriage contract

You can begin the process of terminating a contract if at least one of the following circumstances exists:

• the document was signed by an incapacitated person (including those with temporary incapacity - alcohol, narcotic, psychotropic intoxication on the day of drawing up/signing the contract);
• the content of the contract violates the law;
• the agreement has not been approved by a notary (mandatory step);
• coercion to formalize an agreement;
• unfair contract terms;
• violation by participants of the rights and obligations provided for in the agreements.

The Family Code establishes that a marriage contract can only be signed for a specific period of time. In this case, its termination occurs on the day specified in the contents of the document.

In addition, the legal force of the agreement is terminated under the following circumstances:

• divorce;
• death of one spouse;
• voluntary refusal of the spouses from the contract;
• entry into force of a court decision to terminate the agreement.

The most common reasons for canceling an agreement:

• violation of the terms of the contract by one of the participants;
• significant change in the financial situation of the family;
• the occurrence of circumstances that significantly affect the further property status of the partners.

Consequences of termination

The procedure for terminating a marriage contract ends with the contract losing its legal force. This has the following consequences:

• from the date of termination of the contract, all acquired property will be divided in half (legal regime of property of spouses);
• transactions executed previously remain valid.

Initiator of dissolution of marriage contract

Since the terms of the marriage contract concern a limited list of persons, only those participants whose interests are affected by the agreement can initiate the procedure for terminating the contract:

• husband;
• wife;
• guardian of an incapacitated spouse;
• adult child;
• creditor.

This is also important to know: How much does it cost to draw up a marriage contract with a notary?

By agreement of the parties

As a general rule, children cannot claim the property of their parents and vice versa. Therefore, termination of the marriage agreement by mutual consent is carried out only at the request of the spouses.

Unilaterally

Regardless of the terms of the contract (even if they are unfair), a party to the agreement cannot arbitrarily terminate the implementation of the contract. Evasion from execution of the contract entails legal consequences. Therefore, the interested spouse must first complete the termination procedure.

The husband and wife file a lawsuit to unilaterally terminate the contract. If there are medical documents confirming the partner’s incapacity, his interests are protected by a guardian.

Parents have the right to include in the agreement the conditions for dividing property between children. After reaching the age of majority, a child whose interests are limited by the contract may file a lawsuit in court to terminate the contract or annul a separate part of it.

Case study:

Husband O. inherited a private house, which was pledged by the bank when receiving a large loan amount.

The spouses drew up a marriage contract, in which they indicated that after the termination of the mortgage, the house would be transferred to the full ownership of their common son. In return, the son, after reaching 18 years of age, is obliged to continue repaying the loan received.

The son initiated the dissolution of the marriage contract insofar as it concerned his rights to the house and obligations to repay the debt. The court granted the claim.

Creditor

Another party whose interests may be regulated by the agreement is the creditor. Relevant when getting a mortgage. In this case, regardless of the voluntary nature of the procedure, it is necessary to obtain the consent of the creditor. The bank makes sure that after the dissolution of the marriage agreement, the remaining debt will be fully covered by the spouses.

During a judicial hearing, a representative of the bank must be present at the meeting.

Termination of a marriage contract in court

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Unilateral termination of the contract is possible only in court.

The procedure looks like this:

• the most important thing is an attempt to peacefully resolve the dispute (the plaintiff must prove that there were attempts on his part to resolve the conflict amicably by canceling the agreement with the notary);
• preparing a claim;
• collection of necessary documents (every word of the claim must be documented);
• sending the petition to the court in compliance with the rules of territorial jurisdiction (federal courts of general jurisdiction are considered);
• appointment of a judge (within 3 days);
• determining the date of the first meeting (up to 1 month);
• resolving the conflict in essence;
• making a final verdict;
• waiting a month for the judge’s decision to enter into legal force;
• fulfillment of the terms of the contract.

Further actions of the participants will depend on whether it is necessary to cancel all previously concluded transactions. If yes, then you will also have to send the document to Rosreestr (change of property rights to real estate) or the traffic police for re-registration of vehicles.

Required documents

The full list of documents depends on the conditions and grounds for termination of the contract.

Table “What documents may be required”

Conditions
List of documents

Mandatory documents	original passport; receipt of payment of state duty; original claim; original marriage contract; marriage registration certificate; copy of spouse's passport
Incapacity	medical report (the date must be earlier than the day the contract was signed); court decision appointing a guardian
Dividing the mortgage	loan agreement; creditor's certificate with the remaining amount of debt
Coercion to sign	recording conversations (together with an electronic medium, the conversation is transferred to a sheet of paper); personal correspondence; explanations of witnesses
Change in financial position	employment certificate for each spouse; statement of income of each family member; documents for the disputed property. Certificates are taken for two dates. The first is the day the contract is signed, and the second is the date of filing a lawsuit to terminate the agreement

Depending on the situation, other documents may be required.

Statement of claim

The petition is prepared in several originals (for the court, the defendant, guardians, lawyers, creditor). Additionally, each claim is accompanied by a full package of documents (copies are attached everywhere, except for the copy that goes to the court). The following categories of information must be included in the content of the statement of claim:

• name of the court;
• personal data of each participant;
• introductory part (date of execution of the contract, voluntariness, participation of third parties during signing);
• the essence of the violations, indicating the articles of law that were violated;
• legal requirements;
• a list of attached documents;
• signature and date of preparation.

Example of a completed claim:

Download a sample form for a statement of claim for termination of a marriage contract

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

State duty

In accordance with Article 333.19 of the Tax Code of Russia, the state fee will be 300 rubles if the decision is made only regarding the termination of the marriage agreement. If a property conflict is additionally considered, the amount of state duty will be calculated based on the price of the disputed property.

Arbitrage practice

Issues of dissolution of marriage agreements are referred to the courts very often, and the decision depends on the evidence presented.

Case study:

Citizen O. and citizen S. signed a marriage contract, which states that in the event of the death of one of the spouses, all property goes to the second. Citizen O.

died, and his son, the heir of the first line, prepared a lawsuit in court demanding that the contract be canceled on the grounds that the father was taking psychotropic drugs at that time and could not fully understand his actions.

As evidence, extracts from the medical record are presented confirming the presence of a minor disorder and the prescription of medications. The attending physician who confirmed the diagnosis and the pharmacist who sold the pills to the deceased citizen O. were invited as witnesses.

Taking into account the evidence, the court granted the claim. The marriage contract was dissolved and the inheritance was divided according to legal order.

Termination of a marriage contract by a notary

The Family Code provides that a contract receives legal force only after notarial approval. Spouses have the right to take the following actions in relation to it throughout the entire period of validity of the agreement:

• making changes to the terms of the contract;
• complete abolition of legal force;
• drawing up a new contract that replaces the previous one.

All these actions are carried out only through the notary, where the agreement was originally drawn up. Partner actions:

• setting a date for a meeting with a notary;
• preparation of documents (original passports, receipt of payment of state duty, original contract);
• familiarization with the rights and legal consequences (the notary announces the legal consequences to the participants and, upon signature, introduces the rights);
• each party writing an application to cancel the contract;
• registration of the decision made in the register.

The marriage contract is considered terminated from the date of registration of such a decision by a notary.

Cost of services

Article 333.24 of the Tax Code of the Russian Federation provides that the amount of the state fee for notary services for terminating a marriage agreement is 500 rubles. Money is paid separately by each spouse for a personal copy of the agreement.

Conclusion

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Termination of a marriage agreement does not entail the cancellation of transactions carried out on its basis. The process gives the right to stop further implementation of the terms of the contract. If the parties need to cancel the actions taken, then a lawsuit is filed in court to declare the contract invalid.

Regardless of whether the agreement is terminated through the court or peacefully, the spouses can draw up a new agreement that will be valid until the divorce or until the next procedure for annulment of the agreement.

It is important to know!

• Each case is individual and requires special attention. The information presented on the site is general and does not guarantee a solution to your specific problem.
• We carefully monitor changes in legislation and try to make changes in a timely manner, but this does not always happen quickly.

Therefore, 24-hour legal assistance on any issues is available to you FREE OF CHARGE! Ask your question right now!

How a marriage contract is terminated - reasons for breaking the contract

A marriage contract is a document designed to regulate the property relations of spouses. But like any other agreement, it can be changed or terminated. In this regard, there are several legal ways to terminate a marriage contract.

Is it possible to cancel a marriage contract?

Termination and annulment of a contract have different meanings. In the first case, the validity of the document is terminated due to grounds determined by law, and in the second - due to its declaration as invalid.

Annulment is considered to be the recognition of all rights and obligations arising under the marriage contract as invalid, and, due to their illegality, further cancellation with consequences for the parties.

The procedures for terminating a contract through court and declaring it invalid are similar in many respects:

1. Establishing the existence of grounds for invalidation.
2. Checking compliance with the statute of limitations (according to Article 181 of the Civil Code of the Russian Federation - 3 years for void transactions and 12 months for voidable ones).
3. Preparation of documents, including those confirming the invalidity of the contract.
4. Payment of state duty costing 300 rubles.
5. Drawing up a claim and filing it in court.
6. Participation in court hearings and support of stated demands.
7. Obtaining a court decision and challenging it, if necessary.

Conditions and grounds for termination of a marital agreement

To annul a marriage contract, one of the conditions for declaring it invalid must be met. These include:

Family law has established the following grounds on which a marriage contract loses legal force:

• divorce (unless otherwise provided by the clauses of the same agreement);
• death of one or both spouses;
• availability of a document confirming the mutual consent of the husband and wife to terminate the contract;
• issuance of a judicial act by which the contract is declared invalid (with the application of the consequences of annulment of the entire transaction).

Also, do not forget that a marriage agreement can be indefinite or concluded for a certain period of time, after which the document will automatically cease to be valid.

Termination of the contract entails the cancellation of all rights and obligations of the spouses. Unilateral refusal to fulfill a marriage contract is not allowed, but if one of the parties significantly violates it, the spouse has the right to terminate the contract in court.

How to terminate a contract by agreement of the parties: procedure

The termination procedure is similar to the conclusion.

In the absence of grounds for regulating property relations through an agreement, the parties draw up a written document - an additional agreement to the contract, which is its annex, in which they indicate their intention of mutual termination.

After drawing up and signing the agreement, it must be certified by a notary, otherwise it will not enter into legal force, and the marriage contract will not cease to be valid. Also, for the document to be legal, its conclusion must be based on the mutual consent of the parties, and forcing one of them to terminate the marriage contract is unacceptable and illegal.

Is it possible to cancel a contract unilaterally?

By virtue of paragraph 2 of Article 43 of the Family Code of the Russian Federation, which refers to civil legislation, at the request of one of the spouses, the marriage contract is changed or terminated based on a court decision.

The inclusion in the text of a document of a condition under which a man and a woman can unilaterally refuse to fulfill it is permitted. In this case, you will not have to seek protection from a judicial authority.

But, if it was not possible to reach an amicable agreement, you will have to start drawing up a statement of claim and submit it to the jurisdiction. Its form must comply with Articles 131, 132 of the Code of Civil Procedure of the Russian Federation, otherwise consideration of the document will be refused.

To avoid problems and waste of time, it is better to seek help from an experienced family lawyer who will correctly draw up a claim and develop the most effective strategy for conducting the case.

The outcome of the case often depends on the professionalism of the lawyer.

Along with the application to the court, you will need to submit evidence substantiating the plaintiff’s position. Documents attached to the claim must be relevant (directly related to the case), admissible and reliable.

The plaintiff can obtain a unilateral waiver only if there are significant violations or changes in circumstances.

Significant violation by a party of the terms of the marriage contract

This is the subject of Article 450 of the Civil Code of the Russian Federation: a significant violation is considered to be the action of one of the spouses that causes harm to the other and entails the loss of significant material benefits that the injured spouse planned to receive when concluding the contract.

For example, a husband sold a house that belonged to both spouses in equal shares, and bought an apartment and a car with these funds, and then registered the ownership of these objects in his name.

Thus, he took advantage of the direct indication of the marriage contract that each of the parties owns only what he has registered property for. However, this action infringed on the rights of the wife, who was initially a co-owner of the house. Therefore, she can file a lawsuit for forced termination of the marriage contract, due to the husband’s violation of its terms, as well as the rights of the plaintiff.

In this situation, the court agreed with the wife’s position and ruled in her favor. Based on the results of the consideration of the case, the consequences of the invalidity of the transaction were applied to the agreement, so the spouse was able to return the part of the money due to her.

Significant change in circumstances

If the conditions under which the marriage contract was signed have changed dramatically, one of the parties also has the right to annul the document in court. This is stated in Article 451 of the Civil Code of the Russian Federation.

Significant changes in circumstances include facts that the spouses could not predict in advance.

And if they knew that they would happen, they would not sign the contract in its existing form or on other agreements.

A significant change can be called, for example, the serious illness of a husband who, under the terms of the contract, was obliged to fully support the family, but can no longer fulfill this circumstance, since he himself needs care and financial support.

A significant change in circumstances does not equate to force majeure, since the latter means the impossibility of fulfilling the provisions of the contract for reasons beyond the will of the spouses and the absence of any liability on the part of the party for this.

Legal consequences of terminating a marital agreement

When a marriage contract is annulled, serious consequences arise for both spouses, the lawyer and the notary who helped with the registration.

They are expressed in:

• bilateral restitution - a mutual obligation of spouses to return to each other all things transferred in accordance with the terms of the dissolved marriage contract;
• dividing all jointly acquired property between husband and wife in half.

If the contract is terminated by agreement of the parties or in court, the property received by each of them remains their property, and the mutual rights and obligations created by the agreement lose their force.

Arbitrage practice

The practice of courts on the issue of dissolution of a marriage contract mainly concerns the application of the statute of limitations. Since the marital agreement is subject to civil law, a general statute of limitations of 3 years may apply to it.

But some courts insist that a marriage contract is governed by the fundamentals of family law, and therefore point to the effect of Article 9 of the RF IC on the non-application of the statute of limitations in matrimonial matters.

Ambivalent interpretation of the law is not permitted by a higher court, so it is unclear whether the three-year period applies when filing a claim for unilateral termination or invalidation of a contract.

As an example, consider the following situation. The wife demands partial annulment of the marriage contract due to the fact that the husband, who on its basis is the owner of their common apartment, intended to conclude an alienation transaction.

The contract was signed 10 years ago, but the plaintiff wanted to invalidate it, since after the sale of the home she and her children would be left without a “roof over their heads.” As a result of considering the claim, the court satisfied the woman’s demands and recognized her ownership of half of the apartment.

When making a decision, the government agency took into account the interests of minor children and the fact that the spouse signed an agreement that was obviously unfavorable for herself.

However, the court could not take this point into account, since the spouse knew what document she was signing, as well as the consequences of establishing a separate property regime for the spouses. The three-year statute of limitations did not apply in this situation.

Regarding the expiration of the limitation period, there is also an opposite example from practice.

The couple received maternity capital and spent it on purchasing housing. To simplify the paperwork procedure, the husband suggested concluding an agreement under which the apartment became his property.

Then the wife filed an application to the court to declare the contract invalid. She justified the claim by the fact that the document contained a condition that placed her and the children in an extremely disadvantageous position.

The court did not satisfy the stated demand due to the expiration of the statute of limitations, and the plaintiff did not provide evidence of valid reasons for the omission.

Termination of a marriage contract by agreement of the parties is not a difficult procedure. But, if the case comes to court, the interested person is advised to carefully prepare a statement and then his speech at the hearing in order to obtain a decision in his favor. Often you cannot do without the services of a professional lawyer.

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Termination of a marriage contract: grounds, conditions, procedure, sample 2023

The conclusion of a marriage contract is a mandatory part of a legally competent formalization of relations. Like any agreement, it can be terminated. Let's consider the possible grounds and follow how the termination of a marriage contract occurs, taking into account all the possible pitfalls that a person legally unprepared for this issue will certainly encounter.

Why do you need a marriage contract?

Typically, newlyweds enter into this agreement to avoid lengthy disputes during the division of property in the event of a subsequent divorce. The procedure for drawing up a contract and its detailed definition are assigned to Articles 40 and 42 of the Family Code.

The legislation allows the following provisions to be included in the document:

• determine mutual rights and responsibilities for financial support of the family;
• regulate the procedure for accumulating and spending the family budget;
• highlight a list of property that will come into the possession of each spouse in the event of divorce proceedings.

The text of the agreement can include information about property owned before the wedding, as well as about jointly acquired assets or even just planned income.

Grounds for termination of a marriage contract

First of all, it is necessary to clarify that the main issues related to the termination of a marriage contract are regulated by Article 43 of the Family Code of the Russian Federation. However, not all the subtleties of the procedure are enshrined and explained in the regulatory document. They will be deciphered in this material.

The marriage contract is terminated for a number of reasons:

1. Firstly, its effect automatically terminates after a divorce (however, those provisions that remain in force under the terms of the contract continue to apply).
2. This is also possible by mutual consent of the spouses.
3. The contract automatically becomes void after the death of one of the spouses (the requirements of the marriage contract do not apply to heirs).
4. The husband or wife may demand cancellation of the contract in court if there are compelling reasons.

The following factors specified in Article 43 of the RF IC may act as such grounds:

• refusal of one of the spouses to comply with the requirements of the agreement (for example, the parties agreed to jointly repay the loan for the construction of a summer house, but the spouse stopped making payments);
• a significant change in the well-being of the spouses as a result of unforeseen circumstances;
• the marriage contract can be terminated in the event of serious illness, loss of ability to work, actual bankruptcy and due to other extraordinary events;
• the basis for termination of the contract is the establishment of deliberately unfair demands on one of the spouses when concluding it (for example, if the contract stipulates the transfer of all family property to one of the spouses after a divorce);
• evidence that the agreement was concluded under duress, through threats or direct coercion, or by a person who was at that moment in a state of insanity;
• The reasons for termination can be stated in the text of the contract itself.

In general, the procedure for annulment of an agreement can be divided into two large subgroups: voluntary and judicial.

Voluntary termination

Russian legislation does not require judicial review if the marriage contract is terminated by agreement of the spouses and they are ready to voluntarily renounce their rights and obligations to each other.

Legally, this fact is secured by a written agreement. The signatures of the husband and wife must be present. Next, the document is certified by a notary in two copies: to the ex-husband and wife (clause 2 of article 41; clause 1 of art.

43 SK).

To secure the notary, you will need a package of documents:

• civil passports of spouses;
• certificate of entry into family relations;
• divorce document;
• marriage contract.

There is no set form of agreement. It can be filled out in print or by hand in free form.

It is necessary to listen to information about the consequences of breaking the contract. Only after this the document is secured with the signatures and seal of a notary.

This service is paid. The tariff is 200 rubles (clause 1 of Article 333.24 of the Tax Code). The services of the specialist himself are paid additionally. The total cost can be 2-3 thousand rubles or more.

Sequence of actions during judicial termination

If the divorce is accompanied by conflict, the spouses will not be able to terminate the contract voluntarily. However, even in this case, you should not immediately go to court. First you need to do everything possible for an amicable agreement.

The algorithm of recommended actions may be as follows:

1. Before filing a lawsuit, you should send a written request to your ex-spouse to agree to the contract being terminated. You must send a letter confirming receipt. In the future, refusal or ignorance of the document within 30 days will become a valid reason for terminating the marriage contract in court.
2. A package of documents is attached to the claim. There is no precisely established list of certificates and certificates established by law. Common court requirements include:
   1. passport details;
   2. Marriage certificate;
   3. marriage contract;
   4. a letter requesting consent to terminate and a response to it with a refusal (or a certificate of lack of response);
   5. evidence of violation of the provisions of the contract, which are the reason for its cancellation;
   6. evidence of other grounds to cancel the agreement;
   7. a receipt confirming payment of 300 rubles of state duty.
3. When preparing a claim for unilateral termination, do not forget about correctly filling out the application itself. The document is drawn up in the following form:
   1. enter information about the institution where the claim is being filed;
   2. personal data of the plaintiff (or his authorized representative), including full name and address;
   3. similar information about the defendant;
   4. then the essence of the claim is described in any form and the circumstances important for the process are indicated;
   5. a list of demands is provided (this could be not only termination of the contract, but, for example, a request for division of property or a clause for compensation for moral damage).
4. Next comes a note about the presence of applications and a list of them. The collected documents are submitted in a general package to the magistrate’s court at the defendant’s registered address. If the claim contains material claims in the amount of more than 50,000 rubles, such a case is subject to consideration by the district court.

If court staff discover any errors in the application or identify missing evidence, the person filing will be given time to correct the errors. If he does not meet the deadline, all documents will be returned.

This does not mean that you are prohibited from filing a claim again. If your spouse is unable to complete the application correctly, you can contact a law office specializing in family law and ask for the help of a lawyer. Statistics show that professional support increases the chances of winning a lawsuit.

What to Expect During a Legal Termination

During the consideration of the case, the judge may request additional materials. Moreover, this is possible both before the hearings and during the meetings. Once a hearing date has been set, plans must be adjusted to make it possible to attend court hearings. When this is not possible, the plaintiff and defendant have the right to petition to postpone the trial date.

In order to competently defend your position, it is recommended that you familiarize yourself with the practice of court decisions on similar claims. This will allow mutual understanding to be found between the judge and the participant in the process and will provide additional chances for success.

You should be prepared to prolong the litigation. Usually the case is resolved in 1-2 months, but when additional examinations are ordered and frequent requests for new materials, the time frame can be up to 12 months.

Termination of a marriage contract does not always mean its complete termination. The parties have the right to agree on a temporary extension of certain points:

• on shared housing;
• providing for the child;
• co-ownership of a business.

If after the hearing the judge renders a verdict recognizing the marital contract as null and void, its provisions will be annulled upon expiration of the appeal period (30 days).

A court ruling that has entered into force irrevocably annuls all rights and obligations enshrined in the marriage contract (unless the parties or the judge left certain clauses in force).

In the future, it will no longer be possible to file a claim to restore contractual obligations.

How will the division of property be carried out after the cancellation of contractual obligations? Resolving this issue may require a new trial. When dividing property in court, a key role is played by which spouse has children. Judges pay special attention to the requirement to ensure a decent life for minors.

The nuances of termination based on a recognized fact of pressure

Cases where one of the spouses is forced to transfer his property to his wife or husband are not uncommon. However, it is extremely difficult to prove such a fact and terminate an unfair contract. The key role in this is played by witnesses and the results of examinations (medical, psychological, handwriting and others).

A family law attorney can help resolve a controversial situation:

• advise on how to fill out the claim correctly;
• collect the necessary documents;
• will competently defend the position of the injured party and will not allow the defendant’s representatives to use certain legal tricks.

Is it possible to terminate a contract if it is proven that the spouse cheated during its conclusion? This is a significant reason for refusing to comply with the marriage contract. Of course, ignorance of the law does not excuse you from observing it. However, lawyers sometimes manage to prove forgery, but this often requires lengthy, expensive examinations.

Before the wedding or during the honeymoon, few people think about a possible divorce. Still, one should not ignore the civilized method of protection against unjustified attacks on property. A marriage contract is especially recommended for spouses who have significant assets, public figures, and people planning to take out a mortgage or other loans.

Free consultation. If you have any questions, please do not hesitate to ask them to a lawyer in the online chat on the right, in the form below, or by calling the hotline: 8-800-350-84-21

Termination of a marriage contract by court decision: how to terminate a contract in court, necessary documents and possible consequences

A marriage contract regulates property relations between spouses; its validity begins on the day of state registration of the marriage and terminates on the day of divorce or divorce. And also, the marriage agreement loses legal force on the day of the death of one of the parties or it is declared invalid by a court decision that has entered into legal force by a court verdict.

Unilateral refusal of contractual obligations is not allowed, which is confirmed by clause 1 of Art. 43 RF IC. If the spouses have reached a mutual decision to dissolve the marriage contract, an agreement is drawn up, and if one of the spouses is against it, then in compliance with the pre-trial procedure for resolving the dispute, you can go to court.

The pre-trial procedure involves a written proposal to the second spouse to terminate the agreement regulating the property regime of the parties. If the other spouse is against or has not given a written response to the proposal within 30 days, then the next stage of termination of the transaction will be filing a statement of claim with the court .

In which court does the marriage contract be terminated?

In accordance with Art. 43 of the RF IC, a marriage contract is terminated or amended on the grounds of civil law. According to the norms of procedural law, the magistrate has jurisdiction over issues arising from family legal relations.

• If a party asks to terminate the contract without additional requirements, then the magistrate has jurisdiction over the matter.
• But if the plaintiff asks to divide the property, and its amount is more than fifty thousand rubles, then the dispute must be resolved by the district court.

A claim is filed to dissolve the marriage agreement at the defendant's place of residence . If his place of residence is unknown, then at the location of his property or at his last known place of residence. After the plaintiff has decided on jurisdiction and jurisdiction, it is necessary to collect a list of documents that must be attached to the application.

Documents for termination of a marriage contract in court

The legislation has not established a specific list of documents that must be attached to the claim. As a rule, the standard package of papers includes the following documents :

1. a copy of the plaintiff's passport;
2. marriage certificate;
3. marriage contract;
4. a copy of the letter containing the proposal for pre-trial settlement of the dispute and the response, if any, or notification of delivery of the said proposal to the defendant;
5. documents confirming the plaintiff’s arguments, the violated right;
6. receipt of payment of the state fee for the court's consideration of the claim (300 rubles in accordance with tax legislation).

If a citizen cannot independently provide any documents due to current circumstances, then in a lawsuit you can ask the court to demand one or another document.

The applicant must provide documents confirming his position and arguments. The documents are attached in copies; the court, when considering the dispute on the merits, examines the original documents.

A receipt for payment of the state duty must be attached; otherwise, the court will leave the application without consideration.

In certain cases (if the financial situation is difficult), you can ask the court to consider the application without paying a fee , but in such cases, as a rule, part of the amount is paid .

But since the dispute fee is small, paying it before filing a claim will be more productive.

An appeal to a judicial authority is based on the fact that the parties have not reached mutual agreement in the dispute that has arisen.

• In one case, the spouse categorically refuses to terminate or change the provisions of the agreement governing the property regime of the spouses.
• In another, the spouse ignores the second spouse’s request to change/terminate the transaction.

In any of the two options, the protection of interests in court will be justified . Without reason or reason, a transaction can be canceled/changed only by mutual decision .

Along with the refusal to terminate, a dispute may arise between the spouses regarding the correction of the marriage contract and this will also be the basis for contacting a government agency. A party to the contract has the right to offer the other party to change/cancel the transaction only if the following circumstances :

• One of the spouses significantly violated the terms of the contract. The materiality is expressed in the fact that the second spouse is deprived of what he originally counted on when drawing up the document.
• Change of circumstances. A radical change in the situation that neither party could have foreseen, and if it had foreseen it, it would not have entered into an agreement on the existing terms.
• Provided directly by the marriage contract. In other cases, if the reason for the appeal is recognized as valid, the court may consider the claim.

Court decision to terminate the marriage contract

• The magistrate court must consider the case on its merits before the expiration of a month from the day the application was received by the court.
• District court - within two months.

In some cases, these deadlines may be extended.

The court examines the evidence provided by the parties. The decision must be based on legality and fairness. The court independently determines what circumstances are relevant to a given case.

The court's decision must be motivated, comply with substantive and procedural rules of law (the decision-making procedure and laws, codes and other rules of law must be observed). If the court's decision is not clear to the parties, it is clarified at the request of the persons.

Before the court leaves the deliberation room to make a decision, the participants in the process can at any time come to a settlement agreement. It comes into force from the moment of approval by the court .

The settlement agreement cannot be challenged and the court explains this, since the parties come to this outcome of the process voluntarily and by mutual agreement.

When making a decision, the court resolves issues on the merits, that is, it satisfies or does not satisfy the stated requirements; if the parties in the process cannot reach agreement on certain issues, then the court itself resolves the issue that has arisen.

Example

Citizens Petrova O.O. and L.L. applied to the court to change the provisions of the marriage contract. When concluding the agreement, the parties determined that Petrov O.O.

, in the event of divorce, will be the owner of 2/3 of all acquired property in the marriage and undertakes to support the spouse. During the marriage, 5 years, Petrov O.O. fulfilled his obligations only for the first six months, then L.L. Petrova.

got a job and supported her livelihood on her own. Within 5 years, the wife purchased a summer house and a car with funds purchased under a loan agreement. Petrov O.O. bought a car. Petrova L.L.

, in compliance with the pre-trial procedure, demanded a divorce. Along with the specified requirement to terminate the contract and change the ownership shares. Petrova L.L. asks the court to recognize her as the owner of 2/3 of what was acquired during marriage.  

According to the court's decision, the marriage contract was terminated, since the circumstances had changed significantly and the spouse lost what she originally claimed. Petrov O.O. did not fulfill his obligations.

Moreover, citizen Petrova acquired property at her own expense and the condition of the marriage contract awarding 2/3 shares to the spouses became irrelevant. The court decided to keep the acquired dacha and car of L.L. Petrova.

she also owns a car purchased by O.O. Petrov. his property.

In this case, the court made a reasoned decision based on the rules of substantive law, taking into account the circumstances of the case. In this case, the court determined specific property belonging to each of the spouses.

In accordance with Article 9 of the RF IC, the statute of limitations does not apply .

• According to the general rule, the statute of limitations for challenging contracts is 3 years from the day the citizen learned of the violated right.
• And the statute of limitations for declaring a contestable transaction invalid is one year . The period also begins from the day the citizen had the opportunity to freely go to court to protect his rights.

• The court decision comes into force within 1 day after its delivery.
• The marriage contract loses its legal force and is considered terminated from the day the decision enters into legal force.

Consequences of dissolution of a marriage contract by court decision

If the court decides to dissolve the marriage contract without additional rulings, those actions that were performed before the decision entered into legal force remain unchanged (for example, in cases where, under the marriage contract, property was recognized as the property of the person who acquired it). And after the dissolution, the legal regime of the spouses’ property comes into force, that is, all jointly acquired property during the marriage will be divided in half . An exception is property acquired under a gratuitous contract (donation, inheritance).

If an agreement on the property regime of spouses is declared invalid , then everything received under the transaction must be returned by the parties to its original position. Not only the spouse, but also the interested party can initiate legal proceedings to demand that the transaction be declared invalid.

Grounds for invalidity of transactions:

• violation of the requirements of a legal act;
• imaginary and feigned transactions;
• an agreement drawn up for the purpose of pretense of the foundations of law and order and morality;
• a transaction made by an incapacitated person (limited in legal capacity);
• the marriage agreement was concluded under the threat of violence, delusion, deception, by a person unaware of the consequences of his actions.

Judicial practice of terminating a marriage contract

Judicial practice on the application of limitation periods is ambiguous .

Family law provides a direct indication that the rules of civil law apply to a marriage agreement.

On the basis that the document is a contract and is subject to civil rules at the discretion of the parties, some clauses can be changed independently .

Such an ambiguous interpretation of the law has not yet been resolved by the highest court , and, therefore, there is no specific answer to the question of the application of the statute of limitations to the dissolution of marriage contracts. Some courts share the reasons for missing the statute of limitations and, depending on this, decide on the application of the statute of limitations.

Practice and theory also differ when children's rights are affected in reality, for example. ambiguously in practice under different circumstances .

Example

The spouse demands that the marriage contract be declared invalid in part on the grounds that the spouse, who is the owner of their jointly owned apartment (according to the marriage contract, will remain so after the divorce), entered into an agreement to sell this property.

The property regime agreement was concluded 10 years ago. Now the wife is asking the court to invalidate the agreement, since in the event of a sale, she and her minor children will be left homeless.

The court satisfies the wife's demands, giving her the right to own 1/2 of the property.

In this case, the court took into account the interests of minor children and the fact that the spouse signed an agreement that was obviously unfavorable for herself .

But at the same time, the court’s decision would certainly be the opposite if the spouses owned another property. The rule on freedom of contract would come into effect.

Questions from our readers and answers from a consultant

Can my spouse terminate the marriage contract if I find myself disabled and unable to fulfill my obligation to support the children?

Yes, despite the fact that disability is a valid reason why a person does not work, the spouse has the right to demand termination of the transaction, since when it was drawn up, she was counting on a different state of circumstances.

I am an individual entrepreneur, I want to get a loan, buy a car, give it to my wife and pay it off myself. Can I somehow, with the help of a prenuptial agreement, protect my spouse and in any case leave the car with my wife, but leave the obligations for myself?

Everything will depend on whether a consumer loan or a car loan will be issued. Since in the case of a car loan, for the bank, the debtor will be the person in whose name the car is registered, and, consequently, the loan.

You can only draw up a marriage contract with the condition that this car, after paying off the loan obligations, will become the property of the spouse.

Or take out a consumer loan and use these funds to buy a car, register it in the name of your spouse, and indicate in the marriage contract that the car will remain with her, or the owner will remain the one in whose name the property is registered.