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

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A prenuptial agreement is designed to protect the property rights of spouses in the event of divorce. The paragraphs of the document contain information regarding the responsibilities of both parties and the ownership rights to property acquired during the marriage. When notarized, the document is checked for correctness of preparation and the absence of clauses limiting the legal capacity and capacity of the husband and wife.

Some provisions may be carelessly, thoughtlessly inserted into a contract and place one spouse or third party at a severe disadvantage in a divorce, resulting in the need to revoke or challenge the written terms.

Is it possible to terminate a marriage contract?

It is perhaps impossible to list all possible reasons or reasons for terminating a marriage contract. The most common: failure, violation by the husband or wife of the provisions of the marriage contract, changes in life circumstances in which the marriage contract loses its meaning, intention to conclude a new marriage contract, intention to divorce.

Whatever the reasons, the law gives a husband and wife the right to terminate a previously concluded marriage contract. The procedure for changing and terminating a marriage contract is provided for in Art. 43 of the Family Code.

What to do after this - conclude a new agreement or abandon this idea - is also the exclusive right of the spouses.

Reasons

It is necessary to distinguish between the grounds for terminating a marriage contract (without any additional procedural actions on the part of the husband and wife, without a court decision) from the grounds for terminating a marriage contract (at the request of the spouses or by a court decision).

Circumstances under which a marriage contract ceases to be valid automatically

Divorce (according to clause 3 of article 43 of the RF IC).

The prenuptial agreement terminates upon divorce. Only those provisions that, according to the marriage contract, remain in force after the divorce and determine the rights and obligations of divorced spouses (for example, the procedure for one spouse to support a second disabled spouse) continue to apply.

Death of husband or wife.

A marriage contract cannot regulate the transfer of ownership and disposal of the property of the deceased spouse. After the death of the husband or wife, the will or the provisions of the law of inheritance come into force.

Nullity or invalidity of the marriage contract.

A marriage contract concluded in violation of the law is not simply dissolved and terminated, but is recognized as not concluded.

Signs of invalidity of a marriage contract may be:

concluded with an incapacitated spouse or a spouse with limited legal capacity;
entered into with a deluded spouse who does not understand the significance of the actions being taken (for example, under the influence of pharmaceuticals, alcohol, drugs);
concluded under the influence of threats, violence, blackmail, coercion, as a result of which the spouse found himself in an extremely disadvantageous position;
restricts the spouse’s legal capacity (for example, it contains a ban on filing for divorce, defending one’s own rights in court, claiming payment of maintenance, dividing joint property after a divorce;
contains provisions regarding joint children (for example, regulates parental responsibilities, alimony, rules for raising children);
contains other violations of family or civil law.

Read more about challenging and invalidating a marriage contract - “Grounds and procedure for invalidating a marriage contract.”

Circumstances that may serve as grounds for early termination of a marriage contract

Such grounds are listed in Article 43 of the RF IC and Art. 450 Code of Civil Procedure of the Russian Federation. These include:

The desire of the spouses.

The law does not provide any special reasons for dissolving a marriage contract at the mutual desire of the husband and wife, if this seems fair or reasonable to the spouses in the circumstances.

For example, several years ago, the spouses entered into a prenuptial agreement stating that real estate (industrial premises), as well as other valuable property acquired for business purposes (furniture, equipment, appliances) would go to the husband. A few years later, the husband became seriously ill and stopped his entrepreneurial activities. The couple decided to dissolve the marriage contract.

The grounds provided for in the marriage contract (according to subparagraph 2, paragraph 2, article 450 of the Civil Code of the Russian Federation).

Spouses may directly indicate in the marriage contract the circumstances upon the occurrence of which the marriage contract is subject to termination.

For example, bankruptcy, serious illness of one of the spouses or joint children, loss of ability to work.

Violations of the marriage contract by the husband or wife (according to paragraph 1, paragraph 2, article 450 of the Civil Code of the Russian Federation).

As practice shows, this is the most common reason for refusing contractual legal relations in marriage.

For example, the spouses agreed to make equal mortgage payments for an apartment, but over time the wife stopped fulfilling her obligations.

Or, for example, the husband and wife stipulated in the marriage contract that any real estate acquired during marriage is joint property. And any movable property is the property of the person in whose name it is registered. When the couple sold their joint apartment, the husband used the proceeds to purchase a car, production equipment, furniture and appliances. I registered the purchases in my name. According to the terms of the agreement, the new property became the exclusive property of the husband. Are such actions illegal? Yes.

Significant changes in the circumstances under which the marriage contract was concluded (according to Article 451 of the Civil Code of the Russian Federation) .

We are talking about such significant and unpredictable changes in circumstances that the spouses could not have foreseen, and if they had foreseen, they would have concluded a marriage contract on completely different terms or would not have concluded it at all.

Such circumstances may be: serious illness or disability, a significant change in the welfare of the spouses, bankruptcy, or the occurrence of other extraordinary events.

For example, the spouses indicated in the marriage contract that the husband is obliged to pay his wife lifelong maintenance in the amount of 50% of income. But after some time, the husband became disabled, lost his job and could not fulfill his obligation.

Only a court can recognize a change in circumstances as “significant”; therefore, a marriage contract cannot be terminated without a trial.

Methods for terminating a marriage contract

There are two ways to terminate a marriage contract, as well as to make changes to it:

voluntary - involves the husband and wife reaching agreement.

By mutual consent, the spouses have the right to terminate the marriage contract at any time. There is no need for any compelling reason or legal basis for this. Entering into and terminating contracts is the right of legally capable persons.

judicial – involves a trial in the absence of the consent of one of the spouses.

If one of the spouses proposes to dissolve the marriage contract, and the other refuses, the problematic issue can only be resolved in court. In this case, you will need to provide the court with compelling reasons for terminating the contract. Desire alone is not enough.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Terminating a marriage contract, as well as changing its terms, unilaterally is prohibited! Even if one of the spouses has compelling reasons for termination, he is obliged to follow the procedure prescribed by law. The trial must be preceded by an attempt to negotiate and reach agreement on the voluntary termination of the contract. And only in case of refusal or impossibility to resolve the issue on your own, you can go to court.

Let's take a closer look at how to act in the first and second cases.

Grounds for invalidating a contract

There are much more grounds for invalidating a contract. They are provided for in § 2 of the Civil Code of the Russian Federation. Invalidity entails the termination of the contract and the return of the parties to the original position that the spouses had before the conclusion of the contract.

When a database can be invalidated:

If it is concluded under the influence of threats, psychological or physical influence;
If the contract is concluded with an incapacitated or partially capable spouse. In this case, his guardian can also demand termination;
If the contract is concluded with the aim of covering up another transaction or without the purpose of creating further legal consequences (an imaginary or feigned transaction);
If, when signing the BD, the spouse did not understand the legal consequences;
If the contract is concluded under the influence of a significant misconception: for example, when a reservation or clerical error is made, the spouse does not understand the nature of the transaction;
If the agreement involves the alienation of property that cannot be disposed of by law: for example, when one of the spouses is involved in bankruptcy proceedings, or the disposal is prohibited by a court decision in other cases.

Note! To invalidate the contract, the spouse will have to prove the grounds. Without this, the court will not satisfy the request.

How to terminate a marriage contract by agreement of the spouses

By agreement of the husband and wife, the marriage contract can be terminated at any time. No additional reasons other than mutual desire are needed for this.

The procedure for voluntary termination of a marriage contract is very simple; it will not cause trouble and will not take much time, while ensuring the impeccable legality of the transaction.

Procedure

In short: all the spouses need to do is visit a notary’s office, where a written and notarized document on the termination of the marriage contract will be drawn up.

And now a little more detail.

According to Art. 41 of the RF IC, a marriage contract is concluded in writing with mandatory certification by a notary. Any changes or additions must be made in a similar form, including an addition on termination of the contract. Any other actions or inactions of the spouses aimed at terminating the marriage contract will not have any legal force. That's the order.

The procedure for terminating a marriage contract by mutual consent of the spouses:

Discussion of motives and reasons for termination of the contract, reaching agreement;
Drawing up a written agreement to terminate the marriage contract;
Visiting a notary to sign and certify a written agreement.

Before the notary allows the spouses to sign a document, he must check the legal capacity of the spouses, advise them, explain to them the legal consequences of terminating the agreement, and also make sure that the agreement to terminate the marriage contract is legal and does not violate the rights of the husband or wife. If the spouses agree, they put their signatures on the document, and the notary puts a certification signature on the document and enters the registration data into special registers. Spouses receive one copy of the document.

From this moment on, the marriage contract is considered voluntarily terminated.

Written agreement to terminate the marriage contract

The law does not have strict requirements for the form and content of this document. The general rules of maintaining business documentation apply to it: literacy, clarity, completeness, accuracy. The text of the document must be presented in an official style, without colloquial expressions and phrases that can be interpreted ambiguously. The document must not contain errors or corrections.

Spouses can develop an agreement themselves, using our recommendations and the sample below, or they can turn to the services of a lawyer or notary.

The agreement must include the following information:

Name of the document: “Agreement on termination of the marriage contract”;
Place and date of conclusion of the agreement;
Data about the parties to the marriage contract (full name, date and place of birth, residential address, passport details);
Information about the marriage contract that is being terminated by the agreement (date and place of conclusion, registration number);
A reference to legal norms that give the right to conclude and terminate a marriage contract (including a reference to the provisions of the marriage contract, if they are relevant for termination or determine the procedure);
The main text of the agreement: reasons for terminating the marriage contract (unforeseen circumstances, mutual desire, other circumstances);
Other conditions;
Signatures of the parties;
Certification signature of a notary.

Documentation

In order to formalize, sign and certify an agreement to terminate a marriage contract, the spouses must provide the notary with the following documents:

passports;
marriage contract;
Marriage certificate;
draft agreement on termination of the marriage contract (in triplicate - for the notary, husband and wife).

Price

A notary who certifies the agreement of the spouses on the termination of the marriage contract charges a state fee (notarial fee) in the amount of 200 rubles at the notary rate (according to paragraph 12, clause 1, article 333.24 of the Tax Code of the Russian Federation).

In addition, you may need to pay for legal and technical services of a notary, in particular, consultation, drafting of an agreement, verification of documents, technical production and execution of documents. All notary services are paid strictly at special rates.

How to change or terminate a contract by mutual consent

To change or terminate the BD bilaterally, the spouses must agree. After this, an agreement is drawn up and signed by a notary. If there is a disagreement, the notary will not certify the document.

How to do everything step by step:

Determine what exactly needs to be changed.
Draw up an agreement to amend or terminate the contract.
Make an appointment with a notary.
Come on the appointed day and sign the agreement. Before this, the notary will explain to the parties their rights and obligations, the consequences of the transaction, and check their legal capacity. The agreement is signed in his presence, then he signs and seals it.

Each spouse receives one copy of the agreement. The third is kept in the archives of the notary's office.

Note: if one of the spouses cannot be present when the agreement is drawn up, this cannot be done using a power of attorney for a third party. Such documents are signed by spouses only in person.

How to draw up an agreement

The agreement is subject to notarization and is drawn up in the same form as the contract. Spouses need to decide which clauses of the contract to make changes to, then draw up a text. If the database is terminated, specific items do not need to be specified.

Documents for a notary

When contacting a notary you will need:

Spouses' passports.
Marriage certificate.
Marriage contract.
An unsigned database agreement.

If necessary, the notary can request documents for the property if the contract is changed and it appears in it.

Expenses

Certification of an additional agreement to the contract will cost 200 rubles . The spouses distribute expenses as agreed. If the agreement is drawn up incorrectly or violates legal requirements, a notary can offer his services for registration. This is paid separately from the state duty.

If the preparation of the additional agreement is entirely handled by a notary, the costs can vary from 5,000 to 20,000 rubles .

How to dissolve a marriage contract in court

If disagreements arise between the spouses, if one of the spouses does not support the desire of the second spouse to change or terminate the marriage contract, and you cannot count on a peaceful resolution of the dispute, you can try to get your way through the court.

As mentioned above, this requires good reasons:

violation by one of the spouses of the terms of the marriage contract;
the occurrence of the grounds provided for in the marriage contract.
change in circumstances in connection with which the marriage contract was concluded;

Procedure

In order to dissolve a marriage contract in court, you need to proceed according to the following scheme:

Send your spouse a written proposal for divorce;

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

This is necessary in order to confirm in court the spouse’s refusal to voluntarily terminate the contract and pre-trial resolution of the dispute (according to Article 452 of the Code of Civil Procedure of the Russian Federation). A written proposal can be drawn up in any form. It must be sent by mail (by registered mail with acknowledgment of receipt) - the postal receipt will serve as documentary evidence of sending and receiving the letter. It is advisable to indicate in the letter the deadline for responding to the proposal (up to 30 days). If no response is received within this period, you can go to court.

Prepare documents for the court;
Prepare and submit a statement of claim to the court for termination of the marriage contract;
Attend a court hearing and receive a court decision.

If the court satisfies the claim, the marriage contract will be considered terminated after the court decision enters into legal force.

Statement of claim for divorce

Unlike a voluntary marital agreement, which is drawn up in free form, the claim must be drawn up in accordance with all the rules of judicial record keeping (according to Article 131 of the Code of Civil Procedure of the Russian Federation).

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Violation of the form or content of the statement of claim is a reason why the court may leave the claim without consideration or return it to the plaintiff with instructions for correcting errors. To avoid prolongation of the trial, pay due attention to preparing your claim. Use our detailed recommendations or download the ready-made claim template presented below - with its help you can draw up your own claim. But if your circumstances differ from typical ones, and preparing a claim requires additional work from a lawyer, if you still have any questions or need legal advice, write to us in the chat or call the hotline.

The claim must contain the following information:

the name of the court in which the claim is filed;
plaintiff's details: full name, date of birth, place of residence, contact details;
defendant's details: full name, date of birth, place of residence, contact details;
document title: “Statement of claim for dissolution of marriage contract”
a description of the circumstances under which the marriage contract was concluded: where and when the marriage was concluded between the spouses, when the marriage contract was concluded, what are the terms of the marriage contract and the mutual obligations of the spouses;
description of the grounds for termination of the marriage contract: how the essential terms of the contract were violated, how the circumstances that took place at the conclusion of the contract changed;
a description of the attempt to resolve the dispute out of court;
link to documents and other evidence;
claim to the court: to dissolve the marriage contract;
list of documents attached to the application;
date of filing the claim;
plaintiff's signature.

Sample claim for termination of a marriage contract

Documentation

When preparing documents attached to the claim, you must be guided by Art. 132 of the Code of Civil Procedure of the Russian Federation - every circumstance that is indicated in the claim as an argument or evidence must be documented.

Based on this, you will most likely need the following documents:

passports;
Marriage certificate;
marriage contract (with all changes and additions that were made to it at the time of filing the claim);
a copy of the letter with a proposal to terminate the marriage contract, a postal receipt confirming the sending of the letter, a notification of delivery;
written refusal of the spouse to the proposal to terminate the marriage contract (if received);
evidence of violation by the spouse of the essential terms of the contract or evidence of a change in the circumstances in which the marriage contract was concluded;
receipt of payment of the state fee for filing a claim.

Where to contact?

Consideration of marital disputes regarding the termination or modification of marriage contracts - jurisdiction...

magistrates' courts (according to paragraph 4. Article 23 of the Code of Civil Procedure of the Russian Federation - as disputes arising from family relations);
district/city courts (according to paragraph 3 of Article 23 of the Code of Civil Procedure of the Russian Federation - as property disputes, if, simultaneously with the dissolution of the marriage contract, claims are filed for the division of joint marital property in an amount exceeding 50,000 rubles).

The claim must be filed at the place of residence of the defendant (according to Article 28 of the Code of Civil Procedure of the Russian Federation).

Price

When filing a claim for dissolution of the marriage contract in court, you will need to pay 300 rubles. This is the amount of the state duty for filing a claim of a property nature that is not subject to assessment (according to paragraph 3 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation).

If, simultaneously with the claim for dissolution of the marriage contract, the claim contains a demand for the division of joint marital property, the state duty will be calculated based on the price of the claim, that is, the value of the disputed property (according to paragraph 1 of clause 1 of Article 333.19 of the Tax Code of the Russian Federation). Depending on the estimated value of the marital property, the amount of state duty can range from 400 to 60,000 rubles.

Details for paying the state fee can be obtained directly from the office of the judicial authority to which the claim is filed.

Payment can be made…

at the bank's cash desk;
at the post office cash desk;
in the payment terminal;
in a personal online banking service.

A receipt for payment of the state fee is a document that must be attached to the claim. Without it, the court will not consider the claim.

Deadlines

According to Art. 154 of the Code of Civil Procedure of the Russian Federation, consideration by the court of a dispute on the dissolution of a marriage contract takes 1 month (in the magistrate’s court) and 2 months (in the district/city court). Another 1 month is the period for the court decision to enter into legal force.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

But, as practice shows, consideration of such disputes is always delayed. The reasons may be:

avoidance of parties from attending court hearings;
appointment by the court of examinations and checks (psychological, handwriting);
request by the court for additional documents and evidence;
parties challenging court orders and decisions.

Moment of termination of the marriage contract

Depending on the method of terminating the marriage contract, the moment after which it ceases to be valid and loses legal force will differ.

In case of voluntary dissolution at the mutual request of the husband and wife - from the date of signing and notarization of the divorce agreement (unless this agreement provides for another effective date);
In case of judicial dissolution of a marriage contract at the request of the husband or wife - from the date of entry into force of the court decision (from the date of entry into force of the decision of the appellate court - when appealing the court decision);
When challenging and recognizing a marriage contract as invalid - from the date of entry into force of the court decision.

Termination procedure - step-by-step instructions

Step-by-step instructions on the procedure for terminating a marriage contract through the court can be presented as follows:

Sending a written proposal to the second spouse to terminate the marriage contract;
Waiting 30 days to receive a response to the submitted proposal;
Preparation of a statement of claim and all evidence for going to court;
Filing a claim in court;
Waiting for a hearing to be scheduled, fulfilling orders or requests from the court as part of the preparation of the case;
Participation in the court hearing, providing all possible evidence and justifying your position to the court.
Receiving a court decision and, in case of disagreement, appealing it.
Execution of a court decision after its entry into force.

IMPORTANT: If there are any shortcomings in the statement of claim for termination of the marriage contract, the judge gives a period for their voluntary elimination and, if the plaintiff does not cope within the allotted time, returns the application and all the papers back. Such a return does not prevent the plaintiff from filing a claim again, having previously eliminated all the comments and put the documents in order.

Defending your position in court includes the following steps:

Providing additional information at the request of the court in preparation of the claim for hearing.
Participation in a preliminary hearing, if one is scheduled;
Court hearing
Submission of applications, clarification of requirements;
Litigation with the defendant
Waiting for the court decision to be announced
Appealing the decision or receiving it.

Note: At the court hearing, you will have to prove in every possible way the existence of circumstances that entail the termination of the marriage contract. It is advisable to study judicial practice on this issue or contact an experienced lawyer for advice and an assessment of possible prospects.

Legal consequences of terminating a marriage contract

The main legal consequence of the dissolution of a marriage contract is the complete and final termination of the document. All rights and obligations of the spouses provided for in the marriage contract are terminated. Spouses will be subject to the general provisions of family and civil law on separate and joint property

But if the basis for the termination of the marriage contract was a violation on the part of the spouse, the second spouse, whose rights were violated, has the right to demand compensation for the losses caused to him (Article 453 of the Code of Civil Procedure of the Russian Federation).

Subsequently, if a divorce occurs, the spouses will no longer be able to refer to the marriage contract. The division of joint marital property will take place in accordance with the law - by concluding a voluntary agreement or through the court.

Arbitrage practice

Just a decade ago, very few people knew about a marriage contract, and only a few Russian citizens signed one. Today, this transaction is becoming increasingly popular and in demand, especially among married couples who have become owners of valuable property (for example, received by inheritance), are engaged in business, as well as those who are just planning large transactions or activities related to property risks.

With the spread of the practice of concluding prenuptial agreements, the number of legal proceedings related to challenging and dissolving marital transactions is growing.

Some spouses, who previously agreed to enter into a marriage contract, consider themselves deceived and deprived of property - during their married life or already in the process of divorce. And if the second spouse refuses to make changes to the agreements reached, they have to go to court - ask for forced termination or invalidation of the marriage contract.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Judicial practice is developing quite consistently. If the marriage contract was concluded strictly in accordance with the law (the document was drawn up correctly, signed by the spouses and certified by a notary, its contents do not contradict the law), the transaction cannot be canceled. It’s another matter if the content of the marriage contract is illegal, for example, it significantly violates the rights and property interests of the husband or wife. Then there are grounds for revising, canceling or terminating the marriage contract.

The court may refuse to satisfy the claim or satisfy it incompletely, for example, not dissolve the marriage contract, but declare it invalid in whole or in part.

Example 1 Several years ago, a marriage contract was concluded between the Donchenko spouses. The husband was the owner of an enterprise that brought in considerable income, the wife was engaged in housekeeping and raising children. The husband decided that dividing income in half was unfair, and suggested that his wife enter into a prenuptial agreement, according to which property rights would be distributed in a ratio of 1: 2. A few years later, the wife also went into business, and her income increased significantly, while her husband’s enterprise ceased bring high profits. The wife suggested that her husband terminate the marriage contract and divide the jointly acquired property equally. However, the husband refused to voluntarily terminate the contract. The wife filed a lawsuit and achieved a positive court decision, since the life circumstances of the spouses had changed so much that the marriage contract concluded several years ago had lost its original meaning.

Example 2 A few years after the wedding, the Nechaevs decided to enter into a prenuptial agreement. They agreed that in the event of a divorce, the wife would receive a city apartment, purchased with the financial support of the wife’s parents, and the husband would receive a car and a country plot of land. The Nechaevs independently prepared and signed a marriage contract.

A year later, the wife filed for divorce, attaching a written document to the claim. The court declared the marriage contract invalid - it was not certified by a notary, which is a gross violation of the form of the document. The property of the Nechaev spouses was divided in the trial by concluding a settlement agreement on previously agreed terms.

Litigation on such disputes as coercion to conclude a marriage contract or extremely unfavorable division of marital property occurs quite rarely. It is difficult to prove that there was coercion or misrepresentation when concluding a deliberately unfair marriage contract. It is necessary to attract witnesses or resort to a psychological or handwriting examination.

In most cases, marriage contracts are terminated due to violations or changes in life circumstances. However, even in such relatively simple cases one cannot do without legal assistance.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

An experienced lawyer specializing in family and property disputes will help you prepare a claim, collect evidence, and also be well prepared for the trial. If necessary, he will undertake the representation and protection of your interests in court.

You can get free legal advice on challenging or terminating a marriage contract right now.
Ask a question in the 24-hour legal support chat or call the hotline. Our lawyer will contact you. Attention!

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