“Working” grounds for invalidating a marriage contract

The legislation provides for the possibility of declaring a marriage contract invalid. There must be a compelling reason for this.

The procedure is carried out exclusively in court. This means that, most likely, you will not be able to do without the help of a professional lawyer. The specialist will prepare an evidence base and help prove that the drawn up agreement does not meet legal requirements, and, therefore, has no legal force and does not entail legal consequences.

Article

The procedure for invalidating a marriage contract is regulated by the provisions of Art. 44 RF IC. In accordance with this regulatory act, the marriage contract is recognized by the court as invalid in whole or in part on the grounds provided for by the Civil Code of the Russian Federation.

A court may also declare a marriage contract invalid at the request of one of the spouses. In this case, it is necessary to prove that the terms of the contract put the applicant in an unfavorable position and infringe on his rights.

Alimony for spouse

When concluding prenuptial agreements, obligatory monthly payments (alimony) by the husband for the maintenance of his wife can be established or, conversely, both during the marriage and after its dissolution.
At the same time, the situation with the husband’s income and his business opportunities may also change. For example, a husband, an entrepreneur, entered into a prenuptial agreement in 2008 with an obligation to pay his wife 2,000 USD. monthly, both during the marriage and after its dissolution (the marriage was dissolved in 2009). But in November 2013, things went badly for the entrepreneur and he stopped paying alimony. This ended in mutual lawsuits: the ex-wife demanded to collect alimony debts, and the husband tried to invalidate the marriage contract regarding this alimony as putting him in an unfavorable position due to his lack of a constant source of income. The court sided with the ex-wife, the appeal ruling of the Investigative Committee for civil cases of the Moscow City Court dated October 6, 2021 in case No. 33-40293/2017, collected alimony debts and refused to the entrepreneur.

In a similar situation, when the husband was obliged to support his wife during the marriage and after its dissolution, the court sided with the entrepreneur. The ex-husband was able to prove that his income after the divorce decreased significantly and he had new alimony obligations (for the maintenance of children in another marriage). The court declared the part of the marriage contract for the payment of alimony to the ex-wife invalid, because the husband, when fulfilling it, finds himself in an extremely unfavorable position, and in fact his children are left without a livelihood. Appeal ruling of the Vyborg City Court of the Leningrad Region dated October 3, 2021, civil case No. 2 -68 /17-20

Grounds and conditions for the claim

According to Art. 166 of the Civil Code of the Russian Federation, a marriage contract is declared invalid if it is null and void or voidable. Transactions executed with obvious violations of the law are considered void. To recognize a transaction as void there is no need to apply to the judicial authorities. For example, a marriage contract is void if it was signed by an incapacitated person, and the document itself was not notarized. Such a document has no legal force.

In other cases, the marriage contract may be voidable. A party whose rights are violated by the terms of the contract has the right to apply to the courts to invalidate the transaction. There must be a compelling reason for this.

The grounds for challenging and filing a claim in court are provided for by civil law.

The contract is declared invalid by the court for one of the following reasons:

A prenuptial agreement is an imaginary or feigned transaction

This basis is provided for in Art. 170 Civil Code of the Russian Federation. Imaginary or pretense in jurisprudence means that the agreement was signed with the aim of concealing another transaction, concealing real income or evading debt obligations. In other words, the parties did not intend to fulfill the terms of the agreement in agreement with which they signed.

The contract was signed by an incapacitated citizen

The basis is provided in Art. 171 Civil Code of the Russian Federation. Even if a person is legally capable, but at the time of execution of the transaction he was not aware of what he was signing, this is also an argument for the court. This is possible if the citizen is in a state of passion, under the influence of alcohol or drugs, etc.

One of the parties is in error

If one of the parties to the marriage contract did not understand what consequences the signing of the contract entails, or incorrectly interpreted the terms of the transaction (Article 178 of the Civil Code of the Russian Federation), the transaction may be declared invalid.

Signing a deal fraudulently

This refers to a situation where one of the parties misled the other, exerted psychological, moral or physical pressure, and also threatened her. The basis is provided in Art. 179 of the Civil Code of the Russian Federation.

Bondage of the transaction

This means that one party, when signing the marriage contract, was in extremely difficult life circumstances and was forced to agree to the deal, realizing that its terms were extremely unfavorable, and the second party simply took advantage of the hopeless situation of the first. The basis is provided in paragraph 3 of Art. 179 of the Civil Code of the Russian Federation.

In accordance with Art. 168 of the Civil Code of the Russian Federation, a transaction may be declared invalid if it violates the requirements of current legislation or is contrary to it. In the case of a marriage contract, Art. 42 IC RF. According to this normative act, an agreement between spouses or persons entering into marriage can only regulate the property or financial status of the parties. At the same time, it is not permissible to affect, let alone infringe upon, personal rights and responsibilities.

According to paragraph 3 of Art. 42 of the RF IC, a marriage contract in which:

  • one of the parties by the terms of the agreement acquires a disadvantageous position;
  • personal relationships between spouses are regulated, not affecting property claims;
  • an attempt is being made to regulate the rights and obligations of the parties in relation to minor children;
  • there are provisions limiting the rights of the parties to judicial protection;
  • There are clauses that limit the rights of the spouse who needs to receive financial support.

It is unacceptable to include in a marriage contract conditions that put the husband or wife in an unfavorable position. This refers to a situation where one of the spouses completely loses the right of ownership of property that is considered jointly acquired during the marriage.

Disputed or void: understanding the terminology

Depending on what requirements the contract violates, it may be declared void or contested. In the first case, the document is initially invalid, so there is no need to challenge it. A contract is considered void if the following circumstances exist:

  • one of the parties (or both parties) at the time of conclusion of the contract was incapacitated;
  • the document is not certified by a notary;
  • the contract violates the rights and interests of the party (or parties);
  • the document contains unacceptable terms;
  • the contract is feigned or fictitious.

At the same time, there is no need to prove the nullity of the contract through the court: it is automatically considered void if any of the listed conditions are present. You need to go to court only to invalidate the consequences of its execution.

You can challenge a marriage contract if one of the spouses believes that the document contains unfavorable conditions for him. The contract can only be contested through the courts.

Peculiarities of invalidating a marriage contract

Like any legal procedure, invalidation of a marriage contract has certain features. A good family lawyer will help you understand all the legal nuances. The specialist will be able to foresee all possible scenarios, as he has the necessary knowledge and practical experience.

Bankruptcy

The fact that a debtor is declared bankrupt allows creditors to levy a lien on all existing property. In practice, in such cases, the property is sold at auction, the money is divided between the spouses, and the borrower's share is transferred to pay off debt obligations. However, having a prenuptial agreement can complicate the process.

A marriage contract is one of the ways to protect property rights. Creditors have the right to try to challenge its provisions in court. The basis for this in such situations is the violation of the interests of third parties, provided for in Art. 168 Civil Code of the Russian Federation.

Creditor

A prenuptial agreement can become a serious obstacle to the lender’s ability to collect the amount of debt from the borrower. It protects the interests of both spouses, and therefore may prevent the use of a generally accepted collection scheme.

In accordance with the provisions of Art. 46 of the RF IC, the spouse who executed the marriage contract undertakes to notify the creditor about this. If you ignore this rule, the creditor may demand compensation regardless of what is provided for in the terms of the contract.

The conclusion of a marriage contract by the borrower entails the following negative aspects for the lender:

  • Borrowers do not bear any responsibility for concealing information about the fact of concluding a marriage contract.
  • If the loan has already been issued, and after some time the borrower notifies about the conclusion of the marriage contract, the lender will not be able to influence the content of the document.
  • Even if, under an agreement with the bank, the borrower is responsible for all of his property, his spouse may actually be the owner. By law, a creditor can only recover the property of the debtor.

If recovery of the required amount is impossible due to the lack of property, the creditor, since he is an interested party, can apply to a judicial authority to declare the marriage contract invalid in whole or in part. In court, it will be necessary to prove that the transaction between the spouses was imaginary and aimed at evading the fulfillment of debt obligations.

When going to court, you must take into account the statute of limitations. The creditor has three years to declare its claims. The period is calculated from the date of termination of fulfillment of obligations by the debtor.

Third party

In addition to creditors, other third parties or the Federal Bailiff Service (FSSP) can challenge the marriage contract. The FSSP of the Russian Federation receives a writ of execution, after which enforcement proceedings are initiated.

As part of the execution of a court decision, the debtor is given a period for voluntary fulfillment of obligations. It is no more than five days. If the debtor neglects these requirements, authorized FSSP employees begin to force the debtor to comply with the court decision.

Regardless of what conditions are included in the marriage contract, as part of enforcement proceedings it is possible to seize any property of the debtor. The possession of property by third parties is not an obstacle. When the property is in the common ownership of the spouses, recovery is made on the part belonging to the debtor.

When concluding a marriage contract, spouses can establish a new procedure for joint, shared, or separate ownership of any type of property, including those acquired in the future. If the FSPP determines that the marriage contract meets legal requirements, it will be impossible to seize the debtor’s property belonging to the second spouse under the concluded contract.

Authorized FSSP employees have the right to challenge the marriage contract. In court, it will be necessary to prove that the contract was concluded for the purpose of concealing income and avoiding liability, and therefore is invalid under the law.

Lawsuit

Cases regarding the invalidation of a marriage contract are considered by magistrates at the place of residence of the defendant. In addition, magistrate courts hear disputes regarding property if its value does not exceed 50,000 rubles. If the value of the disputed property exceeds this limit, you should contact the district court.

The claim to the court is drawn up on a regular A4 sheet. The application is written in business language without erasures or corrections. Expressions of emotions, use of jargon and violations of the rules of the Russian language are not allowed.

The statement of claim is drawn up in accordance with the requirements provided for in Art. 131 Code of Civil Procedure of the Russian Federation. According to this regulatory act, the text of the claim must include the following information:

  • name of the judicial authority to which the application is submitted;
  • identification information about the plaintiff and defendant - full name or name, registration address, contact information;
  • a description of the circumstances of the case that prompted the appeal to the judicial authority;
  • reference to current legislation;
  • the cost of the claim if, simultaneously with demands to recognize the transaction as invalid, property claims are put forward;
  • claim to court;
  • list of attached documents;
  • date and signature.

The claim is drawn up in three copies - one for all participants in the process. Documents relevant to the case must be attached to the statement of claim. It could be:

  • a copy of the marriage contract;
  • a copy of the marriage certificate;
  • a copy of the divorce certificate, if the divorce has already taken place;
  • general passport;
  • birth certificates of children, if any;
  • documents confirming the information set out in the claim (for example, a medical certificate of incapacity);
  • documents confirming the existence of property rights to real estate and movable property, the distribution of rights to which is provided for in the marriage contract;
  • checks, receipts, payment orders and other papers related to the case;
  • receipt of payment of the state fee for going to court.

The amount of the state duty for filing a claim is determined in Art. 333.19 Tax Code of the Russian Federation. The state fee for a claim to invalidate a marriage contract is 300 rubles. If, simultaneously with the recognition of invalidity, claims for division of property are declared, the amount of the state duty will depend on the size of the material claims.

The calculation of state duty is regulated in Art. 333.19 and Art. 333.20 Tax Code of the Russian Federation. In accordance with this regulatory act, the state duty payable cannot be less than 400 rubles and more than 60,000 rubles. In the future, this amount may be recovered from the defendant.

After the statement of claim is accepted, the first hearing in the case is scheduled. This will happen no earlier than a month after filing the claim. How quickly the issue is resolved depends on the number of meetings. The exact timing is impossible to predict. In practice, the decision is made within six months.

Death of one of the parties

The death of a husband or wife is a direct basis for ending a marriage. In turn, the marriage contract is valid as long as the spouses are legally married. Accordingly, the death of one of the spouses is grounds for termination of the marriage contract. This is provided for in Art. 43 RF IC. An exception is the presence in the text of the marriage contract of provisions that apply to the property rights and obligations of the spouses after the death of one of them.

Thus, if the agreement provides for a regime of separate property, then even after the death of one of the married couple, the property belonging to the surviving husband or wife during the marriage will belong only to him and will not be included in its composition when determining the inheritance. However, in this case, the husband or wife still remains the heir of the first priority and can claim the share of the deceased spouse in the general inheritance procedure provided for by current legislation.

Accordingly, a marriage contract or its individual clauses may be valid after the death of one of the parties. However, it cannot specify the powers arising in connection with the death of a husband or wife. In this case, the rules of inheritance law come into play, so the contract may be declared invalid.

When drawing up a marriage contract, special attention should be paid to its validity period and legal consequences in the event of divorce or death of one of the spouses. A professional lawyer will help you draw up a marriage contract correctly. The specialist will take into account all possible situations and protect the parties from attacks by third parties on property.

The division of property in the event of the death of a husband or wife in the presence of a marriage contract implies the determination of the inheritance, which will be subject to division by law or within the framework of a will. A prenuptial agreement may include provisions specifying which assets are not to be included in the estate.

Thus, in the event of the death of one of the parties to the marriage contract, the property determined by the terms of the contract remains in the ownership of the second. Ownership remains unchanged. The remaining property is inherited in accordance with the general procedure.

Reasons for signing a marriage contract

In this case, the reasons should be understood as the goals and motives that prompt the parties to the marriage contract to conclude it. From the analysis of the practice of signing marriage contracts, several reasons can be identified:


  1. Refusal of the regime of joint property and a description of the list of things owned separately by each of the spouses. The wife and husband do this, as a rule, in order to be able to independently dispose of their assets, for example, an apartment, without obtaining permission from the other spouse.

  2. Preventing conflicts during a divorce regarding the division of property acquired in a marital relationship.
  3. Protecting your income and property from unfavorable division in the event of divorce.
  4. Establishing items of expenses for family needs for which each spouse is responsible. For example, partners can stipulate in the contract that the wife is responsible for purchasing groceries, and the husband is responsible for routine home repairs, car maintenance and rent.
  5. Determining the degree of participation of one spouse in the income of the other spouse and determining the share of the income or lump sum that is ultimately due to the first spouse. Let's illustrate this with an example. Let's say my husband sells auto parts. He can come to an agreement with his wife and fix in the marriage contract the condition that she does the accounting for his business and in return receives the right to 10% of the profits.

Please note that current Russian legislation does not recognize the inclusion in the text of the contract of clauses regulating the transfer of property of one spouse to the property of the second spouse after the death of one of them. For these purposes, the law requires that a separate document be drawn up, namely a will.

Therefore, if the only reason for signing a prenuptial agreement is to dispose of marital assets in the event of the death of one of the marriage partners, then such an agreement will be considered void.

Statute of limitations

When considering controversial situations related to the recognition of the invalidity of a marriage contract, it is important to monitor the statute of limitations for filing a claim. In some situations, family law establishes terms for the protection of violated rights. Such exceptions include disputes:

  • on the division of property of spouses after divorce;
  • on invalidation of a real estate transaction made without the notarial consent of the spouse;
  • on the recognition of marriage as invalid in the manner provided for in Art. 27 RF IC.

For controversial situations regarding a marriage contract, family law does not directly provide for special provisions and a statute of limitations. This means that the statute of limitations does not apply to this type of civil legal relationship. However, the court may apply statute of limitations rules to such claims.

Legal grounds for challenging a marriage contract

All grounds for challenging are divided into 2 types:


  • Disputable. The legality of the applicant's claims on such grounds is determined by the court. The statute of limitations for voidable marriage contracts is 1 year, which begins to count from the day when the interested party could find out or found out that its interests were violated.

  • Insignificant. If a marriage contract has signs of nullity, then it is considered unconcluded and ineffective. Therefore, a court decision is not required to terminate it. However, in order to annul transactions concluded based on the provisions of a void marriage contract, it is necessary to go to court. The statute of limitations for void marriage agreements is 3 years, which is counted from the date of conclusion of the agreement.

The table will indicate which grounds are considered voidable and which are considered void.

Grounds for challengeLegal comment
Violation of the provisions of the marriage agreement, which is of a significant nature (voidable).The significant nature of the violation means the guilty actions of one party that caused damage to the other party. As a result, the other party lost the opportunity to receive what they could have counted on before concluding the prenuptial agreement. An example of such a violation could be the husband’s systematic failure to fulfill his obligation to maintain the car in good condition, if this obligation was specified in the contract.
Invalidity of the contract (voidability or nullity depends on the specific grounds, see the column on the right).The following grounds for challenge are considered void:
  • The sham of a marriage contract.
  • Incapacity of a party to the contract.
  • Signing without notarization.
  • The sham of the contract.
  • Inclusion in the text of the contract of conditions that:
  • Regulate non-property relations.
  • Regulates the alimony obligations of the parties.
  • Limit the legal capacity of spouses.
  • They are prohibited from contacting government agencies or the court in order to protect their interests.

The following grounds for challenge are considered voidable:

  1. Use of physical force or threat of its use against a party to a contract.
  2. Using the spouse's affective state for personal gain.
  3. Deception concerning the subject or terms of the contract.
  4. Misunderstanding of the subject and consequences of the contract due to misconception.
  5. Acceptance of clearly unfavorable terms of an agreement due to difficult life circumstances.
Significant change in circumstances (disputable).By a significant change in circumstances, lawyers understand changes that occur in people’s lives or the world around them that the parties could not foresee. If the spouses had been able to foresee such changes, then in this case the marriage contract would not have been concluded by them or would have been concluded on different conditions. This category usually includes force majeure (man-made disasters, floods and other natural disasters), military actions, sudden serious illness, or declaration of a national emergency.
Unfavorable position of the spouse under the terms of the contract (disputable).Russian courts, based on an analysis of practice, recognize the deprivation of one of the parties of all rights or a significant part of them to property purchased during marriage as an unfavorable situation. Similar rules apply to conditions that deprive a spouse of rights to all or part of joint assets upon dissolution of family relations.

Arbitrage practice

Despite the fact that drawing up a marriage contract is not as popular in Russia as, for example, in Western countries, judicial practice includes a number of precedents that lawyers and citizens can rely on when controversial situations arise. Let's consider several cases.

Citizen Ivantsova I.I. filed a claim with the court, in which she indicated that a marriage contract had been concluded between her and her ex-husband. Citizen Ivantsova initiated the registration procedure. During the period of their marriage, the Ivantsovs purchased a room in a communal apartment. The citizen’s husband insisted on dividing this property and paying monetary compensation in his favor. He filed a counterclaim for division of property, in which he indicated that a room in a communal apartment was purchased with funds received from the sale of an apartment he had previously privatized. Agreements for the sale of an apartment and the purchase of a room in a communal apartment were concluded on the same day. After the divorce in the registry office, according to the terms of the contract, citizen Ivantsova was supposed to take possession of the specified room, while the money for its purchase was used from the sale of the spouse’s personal property acquired before the conclusion of the contract. After the hearing, the court declared the marriage contract invalid, since the contract put one of the spouses in an extremely unfavorable financial situation, contrary to family law.

Let's consider another situation. In the Komarov family, the spouses decided to draw up a marriage contract. At the time of drawing up the document, they jointly owned a two-room apartment and a car. According to the marriage contract, after the divorce, the apartment became the property of the wife, and the car became the property of the husband. After the divorce, the husband filed a lawsuit to declare the previously concluded contract invalid. However, the agreement was rejected as invalid, since the husband voluntarily signed the document and there were no grounds for satisfying the claim.

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How is a contract contested?

As we noted above, challenging a contract can only occur through court. First of all, the initiator of legal proceedings needs to make sure that the marriage contract is not void, and then make sure that there are grounds for challenging it. The procedure itself consists of the following steps:

  • preparing a statement of claim, collecting documents and submitting them to court;
  • participation in court hearings on the case;
  • obtaining a court decision.

Based on the results of legal proceedings, a document may be declared invalid either in whole or in part. If the spouse succeeds in getting it declared invalid, then the transactions that were made to fulfill the terms of the marriage contract will also be declared invalid.

But it must be taken into account that a decision on a marriage contract that is positive for the plaintiff is not always made: as practice shows, if the interested party fails to provide compelling evidence, the disputed contract will continue to be valid.

Assistance from a lawyer or attorney to invalidate a marriage contract

In matters of declaring a transaction invalid, as a rule, one cannot do without the help of a professional lawyer. The specialist will provide assistance at all stages of the dispute:

  • analyze the prospects of the case;
  • will study the available documents;
  • collect evidence base;
  • prepare a statement of claim;
  • prepare a package of documents;
  • conduct the necessary negotiations;
  • represent the interests of the principal in court;
  • will provide assistance at the stage of enforcement proceedings.

The help of a lawyer or family lawyer is an opportunity to solve legal problems in a short time. The specialist will protect your rights and legitimate interests in court and when interacting with other persons.

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Features of the termination procedure

With mutual consent of the parties

If the spouse is able to listen to the voice of reason and is not influenced by negative emotions towards the other half, you should try to terminate the contract with him without trial. This is done in the following order:


  1. A written proposal is prepared where the interested party describes why he insists on immediate termination of the existing prenuptial agreement and offers to agree on the terms of termination within 30 days. The proposal is presented personally to the second spouse against signature or sent by registered mail with a notice attached. This step must be taken without fail, since in such cases it is always necessary to take into account that there is a risk of not reaching an agreement and ending up in court. Judges, as a rule, have a negative attitude toward plaintiffs who did not file pre-trial claims and went straight to court.

  2. Once consent has been received from the other party to discuss the terms of termination of the marriage contract, you should contact him (her) and set a time for a meeting.
  3. During the meeting, all the nuances need to be discussed in detail and fixed in writing, namely in the agreement on termination of the contract. A sample of this agreement can be found by following this link.
  4. Next, the spouses agree on a date for visiting the notary and print out 3 copies of the termination agreement. In addition to these 3 copies, each spouse must take to the notary: Personal passport.
  5. Personal copy of the marriage contract.
  • Both parties to the contract must come to the notary in person. The procedure for certifying the termination agreement is usually quick and does not take more than 10-15 minutes. The price of the service is not the same for all notaries, so you need to clarify it by calling the notary office.
  • Each party ultimately receives 1 certified copy of the termination agreement. The marriage contract is not valid from the moment the agreement is notarized.
  • Unilaterally

    If the second party rejected the proposal discussed in paragraph 1 of the list from the previous chapter, then in this case the interested party has a direct path to court. To complete the trial with your benefit, you need to adhere to the algorithm of actions described below:


    1. Check whether there really are grounds to force the other half to terminate the contract and compensate for damages. This is very important, since in case of defeat in court, the plaintiff will need to reimburse the procedural opponent for all his legal expenses.

    2. The reasons for the appeal have been determined; now it is necessary to ensure that the time established by law for the plaintiff’s legal protection has not expired. We remind you that for voidable contracts the statute of limitations is 1 year, and for void contracts - 3 years.
    3. Marriage agreements are disputed either in district courts or before a magistrate at the place of residence of the defendant or at the location of the property, if it is the subject of the dispute. The plaintiff has the right to choose independently which court to apply to in all cases except one: the amount of property claims exceeds 50,000 rubles. In this situation, the case is subject to consideration in the district court.
    4. The next step is to prepare a statement of claim. It must indicate: Personal data of the parties.
    5. Information about the marriage certificate or divorce certificate (series, number, when and by what registry office it was issued).
    6. Information about the marriage contract (city and time of conclusion, which notary certified it, briefly the main provisions of the contract).
    7. Reasons why the plaintiff protests the contract.
    8. Evidence substantiating the claims.
    9. A list of demands, for example, to return property illegally obtained by the defendant; cancel transactions; terminate the contract; recognize the invalidity of the contract; to pay damages.
  • Evidence is being prepared to support the applicant's position. These include any documents (written and electronic), witness statements; acts and opinions of experts and appraisers; evidence.
  • Additional documents required for trial are collected:
      A statement of claim in an amount equal to the number of participants in the process.
  • Copies of the disputed marriage contract.
  • Copies of marriage certificate or divorce certificate.
  • Evidence collected by the plaintiff.
  • Power of attorney addressed to the judicial representative.
  • Document for state duty. Details for its payment must be obtained from the court office or found on the court’s website. The full name of the plaintiff should be indicated as the payer. The fee for challenging a marriage contract is 300 rubles.

  • The statement of claim, its annexes and evidence are submitted to the court personally by the plaintiff or his representative, sent by registered mail or through the State Automated System “Justice”.

  • Acceptance of a case for consideration is formalized by a judge's ruling, which, together with a summons containing information about the upcoming meeting, is sent to all participants in the process.
  • Next, the plaintiff or representative should come to each meeting and defend their position. At the meeting, it is necessary to restrain emotions, not to insult the judge and other participants in the process, to speak to the point and not to mislead the persons participating in the consideration of the case.
  • The trial ends only when the judge makes a decision. If the defendant or plaintiff is not satisfied with it, then they have 30 days after the decision is finalized to challenge it. Keep in mind that if this deadline is missed, the decision will take effect.
  • After the divorce process is completed

    The rules for challenging marriage contracts are the same for both persons in a marital relationship and for former spouses. Thus, former spouses can use the algorithms of action described in the chapter “With mutual consent of the parties” and in the chapter “Unilaterally” to terminate the marriage agreement with the ex-husband or wife.

    Examining documents “under a magnifying glass” - finding clues

    A couple of months later, Oleg began collecting documents (there were none at all) and handing them over to me for review. The review yielded results. Oleg did not execute the marriage contract, he did not register it, his behavior indicated that he did not seriously recognize this transaction, and understood the text of the contract differently than his wife. Oleg hoped to save the family, but his wife again insisted on her opinion in the fall of 2021 and the marriage was terminated by mutual request. The parties lived in marriage for 8 years. Then, in the fall of 2021, I filed a lawsuit.

    Here it must be said that my attempt to avoid exclusive jurisdiction at the location of the real estate (in the Leningrad region) and to conduct one general trial in St. Petersburg led to the emergence of two court cases. One in the Kirovsky District Court of the city - for the division of a loan, the second in the Kirovsky City Court of the Leningrad Region - for the division of property. Having split the case into two claims, it was no longer possible to combine them later. Both cases proceeded in parallel and ended in October 2021. But here I am only writing about the prenuptial agreement.

    Initially, the claim was formulated to declare the marriage contract invalid, with reference to clause 3 of Art. 42 of the RF IC and clause 2 of Art. 44 IC RF . But after carefully (three times) re-reading the text of the marriage contract, I saw the notary’s mistake, which led me to clarify the claim.

    In that paragraph of the marriage contract, which the defendant interpreted as for the future, the word “ in the future” was not written. The plaintiff understood the phrase “buildings erected on a land plot” as “buildings that have already been erected on a land plot.” It followed from this that the newly built residential building was not the subject of the marriage contract, and in our case there was a basis for an additional claim in relation to the new residential building built in the summer of 2021, that is, after the conclusion of the marriage contract. The claim was added.

    Raising the question of including a new residential building in the section, I presented to the court my written explanations that if there is ambiguity and the possibility of double interpretation of the text of the agreement, Part 1 of Art. 431 Civil Code of the Russian Federation.

    The court was also interested in the conclusion of the cadastral engineer, who showed and explained on the diagram the location of the new residential building, which was built in such a way that the entrance and part of the terrace of the house were located on the second plot, assigned to the plaintiff under the terms of the marriage contract.

    Consequences of termination/change

    After the marriage contract loses its legal force, all its clauses automatically cease to be valid and no longer have retroactive effect. However, with mutual consent, the parties may agree that certain terms of the contract will continue to apply for a certain time. For example, this may relate to the right to use common living space or alimony obligations. But this does not apply to unilateral termination of the database through a court.

    In addition, Art. 451 of the Civil Code of the Russian Federation establishes that spouses do not have the right to demand compensation for what has already been fulfilled under the terms of the BD before its termination. And if a divorce occurs after the marriage contract has lost its legal force, then the spouses in the divorce process no longer have the opportunity to refer to the terms of the contract .

    Although, according to the classic, every unhappy family is unhappy in its own way, the presence of a marriage contract often equalizes the ability of many such families to overcome the consequences of these misfortunes. However, sometimes the situation forces spouses to change or even terminate the marriage contract. And here they all equally have only two options left: either to resolve the issue amicably with mutual consent, or to go to court with one of the spouses with a statement.

    Termination of a marriage contract by a notary

    A contract can be terminated by a notary only by agreement of the parties. Termination by agreement of the parties is a voluntary and agreed upon action by the parties. Written form and notarization of the document are required (clause 2 of article 41, clause 1 of article 43 of the RF IC).

    Procedure:

    • prepare documents;
    • contact a notary office;
    • pay the state fee;
    • sign a contract termination document;
    • registration of the decision made by a notary.

    Required documents:

    • passports;
    • a valid contract;
    • Marriage certificate;
    • termination agreement.

    Agreement to terminate the marriage contract

    Sample agreement to terminate a marriage contract

    Cost of services

    The state fee for certifying an agreement to terminate a notarized contract is 200 rubles (clause 12 of Article 333.24 of the Tax Code of the Russian Federation). If you receive additional legal or technical services from a notary, you will have to pay extra according to the established notary fee.

    Regulatory framework

    Acts of legislationArticles
    Family codeArticle 43 describes the manner in which marriage contracts are dissolved. Article 44 describes the grounds on which courts recognize the invalidity of marriage contracts.
    Civil Code (part 1)Paragraph 2 from Chapter 9 is a list of grounds for invalidity of contracts. Article 450 describes the legal features of the dissolution of marriage contracts due to a fundamental breach of conditions. Article 451 describes the legal features of the dissolution of marriage contracts due to a significant change in circumstances.
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