When faced with the question of how to terminate a marriage contract, many people believe that this is a very simple procedure. To some extent, this is true, but only if both spouses agree to do it. If one of the parties is not ready for dissolution, the situation can turn into a rather lengthy judicial epic with the need to take into account many legal nuances. The best solution would be to seek the help of a competent lawyer, but you should also know some points for yourself.
How to resolve the issue peacefully
Mutual consent is the easiest and fastest way to terminate a marriage contract. The norms of the Family Code of the Russian Federation (Article 41) stipulate that this agreement must be concluded in writing and notarized. Accordingly, its termination is carried out in a similar way (Art. 43).
There is no special form or approved sample of the termination document, so it can be drawn up in any order. In any case, the notary will help with this, as well as provide for all important nuances in the text. As a result, the parties will receive their own copies of the agreement termination document.
to the table of contentsTermination in court
The law provides for only two ways of termination. If there is no peaceful consent of the spouses to this step, then it is necessary to go to court - this is the only option, since it is impossible to terminate the marriage contract unilaterally in another way.
to the table of contentsWhen is it worth going to court
To consider the case and achieve a positive result, it is necessary to take into account a number of nuances in preparation.
It must be remembered that the RF IC allows you to terminate the contract through the court in three cases:
- A material violation of any rule of agreement between the spouses of one of the parties.
- A significant change in the circumstances on which the spouses relied when concluding the agreement.
- The onset of a situation that is directly provided for in the contract as a reason for its termination.
Sending to the other party a proposal for termination
First of all, you must send your spouse a written document in which you need to express your desire to terminate the agreement. It is better to send it by registered mail with acknowledgment of receipt of correspondence in order to be sure that the addressee receives the document. Those who are interested in whether it is possible to terminate a prenuptial agreement without this procedure are answered negatively.
to the table of contentsDo not forget to indicate the deadline for responding to your initiative. If such a period was not specified, then if there is no response within a calendar month from the date of delivery of the letter to the addressee, or if the answer is negative, you can go to court. Before applying, you need to prepare a number of documents.
Required package of documents
No special documents are required for going to court, except for one important thing - confirmation of the violation by the party of the norms of the marriage agreement. Depending on the situation, these can be certificates of a different nature, bank statements, checks, expert opinions. It all depends on each specific case.
From ordinary documents, you need to prepare copies of the following for the court:
- applicant's passport;
- directly the marriage contract;
- Marriage certificate;
- confirmation of the direction of the proposal for termination (if there is a refusal, then a copy of the refusal);
- check for payment of the established state duty.
Drawing up a statement of claim
A well-written application to the court is the first thing to do before terminating a marriage contract unilaterally. The claim shall indicate the name of the court, the details of the parties, the essence of the claims and their justification. The claim is filed with the court at the place of registration (residence) of the defendant.
It is imperative to provide clear evidence of your position, in particular, the existence of a violation by the party of certain terms of the contract. Without this, the court will simply refuse to satisfy the claim, since there will be no obvious reasons for this.
to the table of contentsDirectly court session
There are no particular difficulties in procedural terms when terminating a contract through a court. A clear position, substantiation of claims with confirmation of facts and the availability of the necessary documents are quite a promising set for a positive outcome of the case.
Each specific case is considered by the court from the point of view of the existence of reasons for terminating the contract. This is especially true of claims based on a change in the circumstances that the parties relied on when concluding it.
It should be noted that termination due to significant changes in circumstances is a rather rare reason for filing a claim. In practice, most disputes are based on a violation of the terms of the agreement by one of the spouses.
to the table of contentsOther essential points
Many are interested in whether it is possible to terminate a marriage contract after a divorce, and what should be done for this. In fact, the question, in most situations, does not make sense, since such an agreement automatically terminates from the moment of dissolution of the marriage union. However, there is one exception.
The agreement may stipulate that some obligations will be valid even after the divorce of the spouses. It goes without saying that, like other legal contracts, this one can also be terminated, as it is still valid. The procedure is usual - either mutual consent or filing a claim in court.
Most often, ex-husbands are interested in the question of whether it is possible to terminate a marriage contract after a divorce. Practice confirms that most cases of such claims are based on the consent to pay the ex-spouse a certain amount of money even after the dissolution of the marriage.
Challenging the agreement after divorce is quite problematic. The reason for this is the rare opportunity to find compelling reasons for their position. The marriage was dissolved, the property was divided, there were no violations, and the past desire to help financially simply disappeared. This is not a reason for termination, therefore, in the overwhelming majority of cases, the courts refuse.
to the table of contentsRecognition of the agreement invalid
This is one of the alternative ways to terminate the marriage contract, but its implementation requires the existence of clearly stipulated grounds. The document can be declared invalid in case of violations in its preparation, as provided for by the Civil Code of the Russian Federation.
A marriage contract can contain many important nuances.
In exceptional cases, the court may decide so on the grounds that the terms of the contract put one of the parties in a disadvantageous position, for example, the clause on the full transfer of all its income to the ownership of the other spouse.
Such cases are extremely rare, therefore, the main reason for claims for invalidity is considered to be the inconsistency of the entire agreement or its individual norms with the letter of the law.
The prospects for a favorable outcome in such endeavors depend on many factors. These include not only the presence of good reasons and substantiated evidence, but also competent preparation for the procedure, including the careful collection of the necessary documents.
Those who decide to take such a step, experts recommend contacting specialized lawyers so that mistakes that at first glance seem insignificant do not play a negative role and do not cause rejection and loss of time. A competent lawyer will always help you carefully prepare for the process, as well as act as a representative in court sessions.