The practice of signing marriage contracts is increasingly common. It does not indicate distrust between future or already married spouses, but rather speaks of their prudence.
Change and termination of the marriage contract is guaranteed by law in accordance with the Family Code. Having discussed all possible controversial issues in advance and sealed the agreement with signatures, the couple even insures themselves against possible conflicts based on the fulfillment or neglect of any conditions or quarrels over the ownership of the property.
When does it become necessary to change or terminate a marriage contract?
The contract is drawn up, the marriage is concluded, family life is going on as usual ... It turns out that even with the most thorough and careful approach, it is simply unrealistic to foresee in advance all the changes that may occur over the years of married life.
Some paragraphs in the terms of the document become meaningless or lose their relevance, some need to be corrected, and some were not included in the contract at all. In cases where a married couple decides to leave, it is not a change that becomes relevant, but a complete termination of the marriage contract.
The legal side of the case is clearly regulated by the norms of the law and the existing procedure for the complete termination or modification of contractual obligations.
Only persons recognized as legally capable can conclude a spousal deal (if one of the persons entering into marriage is underage, the permission of the guardian is required).
Accordingly, when it becomes necessary to reform or annul a marriage contract, judicial practice does not provide for the initiative of outsiders and the intervention of third parties in the relationship of a legal plan within the family.
Procedure for amendments and complete termination of the contract
A marriage contract can be amended or terminated both on the basis of mutual consent of the parties (current or former spouses), and after the application is submitted to legal proceedings, if agreement cannot be reached for a number of reasons.
In the first option, all the required changes can be made at any time convenient for the spouses, in accordance with the first paragraph of Article 43 of the RF IC.
If there is mutual understanding and peaceful relations between the parties, the procedure does not take much time, a notarized agreement is amended in the same written way as when creating a contract, or a termination of the document is accepted.
When it is not possible to come to unanimity, it is possible to change the marriage contract when using the method of appeal to the judicial authorities.
Changes to the marriage contract
All clarifications and additions to the clauses of the marriage agreement are possible only with the participation of both parties. Adjustment of the terms of the document unilaterally is not possible under any circumstances.
In the case of a jointly adopted decision to make modifications to the text of the contract, the procedure consists of the following stages:
- discussion and clear formulation of the desired changes either on our own or with the involvement of notaries, who will help to correctly draw up a preliminary draft with options for the terms of the new contract;
- attestation of the adopted amendments by a lawyer (all changes should be recorded in writing).
A request to the court is necessary when one of the spouses does not accept the innovations, or does not comply with the deadlines for providing a response to the petition to reform the document.
If such moments arise, the second spouse is required to file a lawsuit to amend the contract. If the court makes a positive decision at the request of the plaintiff, the marriage agreement may be subject to the required revision.
The court cannot force the defendant to necessarily accept and sign the amended version of the contract, but the plaintiff has legal grounds to disclaim responsibility and not follow the terms of the old version of the contract.
The following factors usually affect the court decision on the adoption of amendments:
- violation of the terms of the contract by one or both members of the family unit;
- significant changes in the state of affairs that have occurred since the date of entry into force of the agreement (most often such moments are associated with a change in the material condition of one of the spouses or the possibility of causing damage due to the continuation of the conditions);
- changes in health status, disability or loss of the main source of income by the parties.
To avoid contradictions and discrepancies when making changes or terminating the contested contract, it will help to introduce, even at the initial signing of the agreement, clauses containing descriptions of the grounds for adjusting the agreement in the future.
Termination of the contract by mutual agreement of the parties
The question of whether it is possible, and if so, how to terminate a marriage contract is raised by current or former life partners in the event of changes in marital status (divorce), a change in the state of health of one of the parties to the agreement (loss of sanity or legal capacity) or the appearance of insurmountable obstacles interfering with the further fulfillment of the terms of the contract.
Automatic termination of the transaction at the end of the term specified in the agreement does not imply additional actions in the absence of a desire to renew the contractual relationship between the parties.
If the agreement was at the time of signing stipulated as an open-ended agreement, then in order to terminate the action, the participants will have to take a number of measures in accordance with the Family Code.
Clauses 1 and 2 of Article 43 of the RF IC regulate the process of terminating a marriage contract both by agreement of the parties and in a regime involving the involvement of judicial authorities.
When the participants reach a consensus, it is required:
- draw up your own version (draft) of the agreement to terminate the contract;
- resort to notarial services for certification (while providing identity documents, marriage and divorce certificates (if any), the original of the marriage contract itself and a version of the text of the agreement on its termination);
- pay the stipulated state fee and notary services.
If, for some reason, one of the parties does not agree with the need to terminate the marriage contract and makes claims against another party to the bilateral marriage convention, it is necessary to resolve the dispute by appeal to the courts.
Termination of the contract on the initiative of one of the parties
As with making adjustments, termination of a contract through a court provides for compelling circumstances.
This is non-compliance by one or both members of the family couple with the conditions or requirements contained in the contract, or the inability to further comply with all clauses of the agreement due to drastically changed circumstances (bankruptcy, a sharp change in financial situation, serious changes in health).
The algorithm for contacting the court is in most cases identical and consists of several sequential actions.
To begin with, a spouse who takes the initiative to terminate or wants to challenge the articles of the contract must send a written notification to the second party to the agreement with a proposal to liquidate the contract. This step is necessary in order to provide the court with confirmation of the ignorance of the other side of the proposal to settle relations peacefully.
If an answer does not come within the time period predetermined in the proposal (usually about a month), then this circumstance is already the basis for appeal to the courts.
A statement of claim is sent to the court with a description of the current situation, to which a set of documentation is attached (copies of passports, marriage and divorce certificates and a copy of the marriage contract). And after the expiration of the period specified by law, the court adopts a verdict based on the materials of the case filed.
If there is a need to amend, terminate or challenge a marriage contract, it is simply worthwhile to act in accordance with the law, and, as with the conclusion of a contract, carefully consider each step aimed at correcting the document.