Currently, the conclusion and signing of prenuptial agreements is becoming increasingly relevant. Most often, this secured citizen who wants to take advantage of this legislative norm joins official unions with middle-income people.
Thus, people insure themselves against various conflict situations in the future. After all, anything happens in family life. The law also allows termination of the marriage contract. This occurs on the initiative of both spouses or after a divorce. Read more about this in the article.
Main
There is nothing permanent in life. Therefore, it is impossible to foresee what will happen next in the family life of two loving people. After all, circumstances, habits and the nature of the second half can change. Therefore, a once concluded marriage contract may not be entirely relevant and even illegal. Moreover, the financial situation of each spouse can also change.
In this regard, family law enshrines the possibility of changing and terminating the marriage contract. This happens in cases where the agreement concluded by the spouses has ceased to correspond to the interests and needs of the husband and wife.
According to law
A prenuptial agreement concluded once upon a time can always be changed and even terminated by mutual consent of the spouses. It is allowed to do this at any moment of life together.
Nevertheless, in practice it also happens that a husband or wife does not want to change anything and wants to leave the previous conditions. In this case, by law, the second spouse may request the termination of the marriage contract by contacting the court. You must be aware of this.
Additionally
Not always changing the terms of the contract concluded between the spouses will be considered appropriate. Therefore, its termination may be the best option. This is especially true in cases where for two people this document is no longer relevant, and its points are not implemented at all by the parties.
For example, a man met and fell in love with another woman and gave her a car. The wife, having learned about the connection of her husband with another, decided to sell their house and buy a separate apartment. The spouse did not give her last consent to this, because according to the terms of the concluded contract, they can share the real estate among themselves after an official divorce. Thus, this document infringed on the rights of a legal wife. The couple decided to terminate it. At the same time, citizens have retained their union.
Nevertheless, regardless of the reasons, the legislator provides the husband and wife with the opportunity to terminate the marriage contract. And what to do after such actions are done, the spouses themselves will decide. In principle, they can enter into a new prenuptial agreement. It is not prohibited by law.
Conclusion and further action
From the existing norms of the RF IC, it becomes clear that a prenuptial agreement may well be executed by the parties even before the conclusion of an official union. Nevertheless, such an agreement enters into force only after registration of relations of citizens in the registry office.
Conclusion, termination of the marriage contract occurs in a notary's office. The cost of these services must be clarified by a notary before the procedure.
Only fully capable persons can engage in the execution and termination of this contract. This is a prerequisite.
It is also necessary to say that the prenuptial agreement is signed by the parties, i.e. husband and wife, and certified by a notary public. Without compliance with this condition, the agreement of the spouses will be considered invalid.
I would also like to say that the husband and wife can contact a notary in order to amend the existing contract. This is permitted at any time.
After divorce
Unfortunately, sometimes even the strongest marriages break up. This happens for various reasons. For example, a man left the family and left his wife with children, or vice versa, the woman herself left her spouse. However, property acquired in marriage remains. So what will happen to joint things after the divorce?
A prenuptial agreement may provide not only for the use of common property, but also for distributing its shares between husband and wife after a divorce. This is the main meaning of the design of this agreement. For example, some citizens enter into the contract such conditions, according to which all the real estate after the separation of the spouses goes to the wife, and everything moved to the husband. Nevertheless, the drawn up agreement should not infringe on the rights of any of them.
After a divorce, this contract will no longer be considered valid. But former spouses will have to fulfill their obligations regarding the division of property after official separation. But this does not always end there.
After the divorce, the marriage contract remains valid for certain obligations when it comes to the maintenance of the former disabled and the provision of housing for use. This is important to know.
The order of termination of the marriage contract
You can cancel this agreement in two ways:
- at the notary public;
- in a court.
Thus, if the husband and wife are no longer interested in their property relations being regulated by a marriage contract, then they may well refuse it. To do this, they need to visit a notary and take with them:
- your passports;
- Marriage certificate;
- A written agreement to terminate this agreement (must be signed by husband and wife);
- the prenuptial agreement itself.
The notary must explain to citizens the consequences of their decision. Then he certifies this document on the termination of the marriage contract and makes notes in a special register. So this procedure is carried out voluntarily in a notary's office.
Nevertheless, if one of the spouses is against the annulment of the marriage contract, the second may apply to the judicial authority with this requirement. For this, it will be necessary to draw up a lawsuit, attach the available documents to it and defend its legitimate interests at the meeting. After that, only get the decision of the justice authority. If all goes well, the court will terminate the prenuptial agreement. On this property obligations between spouses according to this agreement will be terminated.
Interesting
The procedure for changing and terminating the marriage contract will directly depend on the spouses themselves and their ability to negotiate with each other. In the event that the husband seriously infringes on the property rights of his wife only because she is sitting at home with the children, engaged in their upbringing and does not work anywhere, the latter may well go to court to amend this agreement. Moreover, the situation can seriously change. After all, a spouse can go to work or engage in the development of her own business. In this case, it will not be enough to make changes to the marriage contract.
I would also like to note that such documents are executed only by very wealthy and wealthy people who do not want their condition to be divided into two halves after a divorce. Especially if the spouse before entering into legal marriage was a simple, poor woman.
Grounds for termination of the marriage contract
They are different. But most often they include the following:
- violation of the terms of the agreement by one of the spouses regarding the disposal of real estate;
- the contract contains a clause that infringes on the rights of the unemployed spouse to receive material support from another, if he is engaged in housekeeping and does not work;
- the marriage contract describes the rules for raising children by each spouse;
- any other extremely unfavorable conditions that severely infringe on the rights of the other spouse in the marriage, which is contrary to the norms of the law.
All this needs to be known to citizens who are unjustly dependent on the other spouse.
Completion
The validity of the prenuptial agreement suggests that property relations between spouses are no longer regulated by this document. This occurs in the following cases:
- if people came to a notary's office and declared that they wish to voluntarily annul the marriage contract;
- when one of the spouses does not want to terminate such contractual, family relations and the other is forced to appeal to the court to protect their interests;
- one of the spouses died;
- if this agreement was declared invalid (contrary to the norms of the law);
- divorce - because it is then between people that a complete cessation of obligations and mutual relations occurs.
Before concluding such an agreement, people should consider everything to the smallest detail.
Finally
Here I would like to say that even the registration of a marriage contract does not relieve spouses of property problems in the future. It is possible that even this will seriously harm them in the event of a divorce or change in any life circumstances. Therefore, do not rush to the signing and execution of such a document with a notary.
And why do middle-income people need some kind of prenuptial agreement? After all, they have nothing to share. Nevertheless, it will be possible to ponder this issue in the future, when there will be large incomes and real estate.