Termination of the marriage contract
Life does not stand still, overnight everything canto turn upside down, and the previously habitual way of life ceases to be so perfect, the beloved wife becomes a "snake's snake", and the faithful husband is a traitor, and this is at best. When a 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.
Certification of the marriage contract before the conclusionmarriage or at its initial stages, when the family reigns in peace and love, 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 registration is regulated by the internal instructions of the notary.
In accordance with the norms of the law, the marriage contract -one of those types of documents that are subject to mandatory conclusion, modification or termination of a private notary or in a notary's office. The notarial marriage contract is concluded 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 provided for 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 the existing property from one spouse to the second;
- 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:
- certificate of marriage (original);
- documents for real estate, in respect of which the contract is certified.
Termination of the marriage contract or its modificationoccurs 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 periodtime of a joint life both parties are delighted with the document concluded by them, however, they can not come to the desired consensus, in this case it is a direct road to them 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 prisoner are significantly violatedcontract. An infringement is deemed essential if the other party incurred significant damage through the fault of the first, as a result of which it lost the property it was hoping for when concluding the contract.
- If the circumstances have significantly changed,which were before the conclusion of the contract. Such are recognized the circumstances, foreseeing which the treaty could not be concluded at all or concluded on other terms.
- Other cases.