“Marriage contract: why and how to conclude and whether it can be canceled”

Maxim Iuzifovich, head of the law firm LEGAL RIGHT, comments for Sravni.ru on the benefits of concluding a marriage contract and its possible risks

Sometimes one of the spouses decides to terminate the contract because, due to various circumstances, he began to consider it unfair. However, the law does not allow in such a situation to terminate the marriage contract at the will of one party. There are different examples in judicial practice: in some cases the spouses were able to cancel the marriage contract, in others the court refused to do this. A marriage contract may be declared invalid if: it was concluded to hide the debtor’s property from creditors; it was not notarized; it was not sent to Rosreestr for registration (even if it contained conditions on the distribution of real estate). A prenuptial agreement can be annulled if: the husband or wife proves that the document was signed under duress or under emotional or physical stress; the contract contains terms that are contrary to the principles of justice or law; the terms of the contract are clearly unequal, that is, the financial situation of one of the parties has greatly deteriorated under the terms of the contract.

If a husband or wife does not want to enter into a prenuptial agreement, you can try to convince him or her with the following arguments: the agreement protects the interests of both parties, especially if there are children or joint property; the presence of a marriage contract shows the seriousness of the partners’ intentions, their willingness to resolve financial issues in advance; a prenuptial agreement helps to avoid lengthy legal proceedings during a divorce; it will ensure a fair distribution of property; Compliance with the terms of the agreement can help spouses in the event of divorce to separate peacefully and maintain good relations after separation.

Daria Yudkevich

The material was published on the website “Sravni.ru” 09/06/2024