Termination of the marriage contract

Life does not stand still, suddenly everything can turn upside down, and previously the habitual way of life ceases to be so perfect, the beloved wife becomes a "snake snake", and the faithful spouse is a traitor, and this is at best. When conflict is occurring in a family, a great deal depends on the ability to cede each other in difficult situations, especially in the event of the separation of property or the organization of custody of the child.

The certification of a marriage contract before marriage or at its initial stages, when peace and love reign in the family, can significantly facilitate the life of spouses during the period of divorce. Since if all major property issues are settled by the marriage contract during the marriage, the parties may not even cross the court.

The certificate and the dissolution of the marriage contract is regulated by the norms of the family and civil code of the Russian Federation, and its design is regulated by the internal instruction of the notary.

In accordance with the norms of the law, the marriage contract is one of those types of documents that are subject to mandatory conclusion, modification or termination by a private notary or in a notary's office. A notarial marriage contract is made between already existing spouses who live together for a while, as well as between young people only intending to marry. If the contract is concluded by persons planning to marry themselves, the date of entering into marriage will be the moment of entry into force of the treaty.

What can be envisaged in the marriage contract?

The marriage contract allows you to move away from the common joint property and distribute the property in a different way than defined by the Family Code.

In it you can define:

- Assignment to one of the spouses of the already existing property (for example, the apartment will be the exclusive property of the spouse);

- Assignment to one of the spouses of property that may be acquired in the future (for example, a newly constructed apartment will become the property of the spouse);

- transfer of rights to existing property from one spouse to another;

- Non-property relations: the maintenance of the child, the procedure for paying for the education of the child, his residence, the maintenance of the spouses; The order of family income and expenses, and so on.

- Termination of the marriage contract and its terms.

Documents required to certify the contract:

- Passports;

- certificate of marriage (original);

- documents for real estate, in respect of which the contract is certified.

The dissolution of the marriage contract or its modification takes place by agreement of the parties that have concluded it. Such an agreement must be made in writing and notarized. Unilaterally to refuse the norms of the marriage contract is prohibited.

However, not always after a certain time of living together, both sides are delighted with the document they concluded, however, they can not come to the desired consensus, in that case they are directly on the road for help in court.

If the dissolution of the marriage contract takes place in court, then it is carried out under the general rules of the Civil Code.

So, if one of the spouses has applied, the contract can be terminated or changed if there are the following grounds:

- If the norms of the concluded contract are significantly violated. An infringement is considered essential if the second party has suffered considerable damage through the fault of the first, as a result of which it has lost that property, which it counted upon concluding the contract.

- If the circumstances that were before the conclusion of the contract changed significantly. Such circumstances are recognized, foreseen by which the contract could not be concluded at all or concluded on other terms.

- Other cases.