Methods for Terminating a Marriage Contract

Many people remember their wedding day, remember for the rest of their lives. Inspired by happiness, a day of joy and fun. But, as practice shows, many unions break up. And it's not so bad if the family discord began before the birth of the child or the collection of debts, before the purchase of an apartment or a car. In such a situation, there is nothing to share, everyone lived and went their own way. Calm and quiet divorces do not happen often. And how sad it is that people get divorced after a month of living together and after many years.

Termination (amendment) of the marriage contract is possible

The main task in a divorce is the division of common property. For people who are able to curb their emotions and take a sober look at things, the legislation provides for the institution of a marriage contract. This institution is governed by Articles 40-44 of the Family Code and the Civil Code of the Russian Federation. The marriage contract coordinates the property rights of the couple.

It defines the rights and obligations of everyone regarding the maintenance, regulation and management of property, ways of participating in earnings, acquisitions of a spouse, the procedure for incurring costs and other provisions regarding the common or separate property of a couple.

Termination (amendment) of a marriage contract is possible in two ways: by agreement of the parties or by court proceedings.

Cancellation of a marriage contract by peaceful agreement of the parties

By agreement of the parties, change, termination, conclusion of a marriage contract is possible at any time. This event is voluntary and not forced. The form of amendment (liquidation) of a marriage contract must be in writing. The decision must be made jointly, one spouse (or spouse) alone, at an individual desire to change (or terminate) the marriage contract has no right.

The spouses can only terminate the marriage contract jointly

The amendment agreement is certified by a notary office. A sample document is issued by a notary or drawn up personally.

You will have to contact the notary office directly yourself, with the attachment of a standard package of documents, which contains:

• valid passports of the married couple;
• a previously concluded contract;
• marriage registration certificate (original);
• agreement on termination of the marriage contract;
• receipt of payment of state duty. (it is better to take a sample receipt from a notary, where the details for the transfer are filled in).

See also:

How to draw up a marriage contract correctly

For notarial actions, monetary amounts are charged at the rates. Agreement on changing or canceling a marriage contract in the region of 500 rubles. In addition to tariffed services, a notary can charge for services of a legal and technical nature. This is the preparation and printing of documents for the services of an assistant, consulting in excess of the tariff. The cost of such procedures is not limited to prices and is set individually at the notary's office.

Change and liquidation of a marriage contract in court

Termination, change and amendment of the marriage contract of a married couple is not prohibited to be carried out in court.

Termination of a marriage contract can be considered in court

The criteria for going to court are as follows:

• the wife (or husband) does not want to terminate the contract;
• with significant, significant non-compliance with the contract by one of the spouses;
• in case of a fundamental change in the provisions of the agreement since its preparation;
• the onset of the criteria established in the marriage contract itself.

Fundamental changes in the criteria are such changes in which the spouses would not sign an agreement if they were known in advance. One of the cases when the spouse undertakes to financially provide the maintenance of the mansion. Over time, he loses his job due to physical injury. Therefore, they are unable to fulfill their obligations. The court can consider this case as important, significant.

Not adhering to the contract criterion by one of the married couples should also be significant. Not received a gift for a wedding anniversary, not a reason to go to court with a statement to terminate a marriage contract. Strong criteria are cases of obstacle in the use of a joint car, summer residence. Obstacles to the ability to engage in entrepreneurial activity, earning personal income, etc.

Termination or changes to the marriage contract must be carried out in order. Let's look at a quick sample of actions.

1. Send the second spouse a written proposal for a change. Sent by registered mail. With obligatory return notification or a valuable letter with an inventory. The action is taken before going to court. The form of the sentence is arbitrary. Written in an optional, free style. It is desirable to indicate the time of response expected from the wife (husband). In the absence of the specified period and the failure to receive a written refusal, the court can be appealed after one month. Upon receipt of a refusal (or consent to the proceedings), they apply to the judicial authorities by agreement of the parties.
   You need to go to court with at least a standard package of papers: a valid passport; Marriage certificate; the contract; proposal to liquidate the contract; papers confirming a significant violation of the clauses of the marriage contract (or fundamental deviations of the conditions under which the contract was signed); a receipt for payment of the state duty.
   If you think it necessary to submit other documents, do it boldly. It is impossible to predict all specific situations. There is no exact sample of all papers. Any reliable evidence will be considered by the court.
2. They go to court on a statement of claim. A sample of the application is taken in court. In an application for termination (change) of a marriage contract, the following shall be indicated: the name of the court to which the application is submitted; information about the plaintiff and the defendant (full name, passport data, address of actual residence); violation of the criteria for a marriage contract, in part or in full; events confirming your requirement to stretch; the inability to reach an agreement peacefully; a list of papers to be added to the application.
3. The statement of claim to change the marriage contract is considered by the magistrates' court. It can be considered by the district if a parallel claim for the division of property in the amount of more than 50 thousand is resolved in such a court.
4. After a positive conclusion of the court, the marriage contract becomes invalid (terminated). All agreements and promises on it cease to be valid. The right of joint ownership begins to operate on the property, in accordance with the current legislation. Termination of a marriage contract is a time-consuming procedure, but realistically feasible.