AMENDMENT, TERMINATION AND NULLIFICATION OF A MARRIAGE CONTRACT

Abstract

The article is devoted to the legal regulation of the amendment, termination and invalidation of a marriage contract under the family legislation of Ukraine. Only spouses have the right to amend a marriage contract, despite the fact that the parties to this contract, in addition to spouses, can also be fiancés. For fiancés, the marriage contract comes into force on the day of marriage registration, and on this day they change the status of fiancés to spouses.It has been established that the amendment of the marriage contract is carried out by mutual consent of the spouses and by court decision at the request of one of the spouses, if this is required by his interests, the interests of the children, as well as the incapable adult daughter or son, which are of significant importance.It is determined that the termination of the marriage contract occurs on the general grounds for termination of the contract, taking into account the provisions of Articles 101 and 102 of the Family Code of Ukraine.Only the refusal of the marriage contract by mutual consent of the spouses is possible. Another ground for termination of the marriage contract is a court decision at the request of one of the parties in the event of the impossibility of performing the marriage contract.The grounds for declaring a marriage contract invalid by a court decision are defined by the Civil Code of Ukraine. A marriage contract is declared invalid if its content contradicts the Family Code of Ukraine, as well as the interests of the state and society, its moral principles. A marriage contract is also declared invalid if its party (parties) do not have the necessary legal capacity. A marriage contract is subject to notarization and, accordingly, the notary must verify the extent of the parties' legal capacity. The expression of the will of the party to the transaction must be free and correspond to his inner will – this is another general requirement, compliance with which is necessary for the validity of the marriage contract.A marriage contract must be aimed at the actual occurrence of the legal consequences stipulated by it. If this requirement is not met, the marriage contract is recognized by the court as fictitious, that is, one that was concluded without the intention of creating the legal consequences stipulated by this transaction.If the marriage contract conflicts with the rights and interests of their minor, underage, or disabled children, it shall be declared invalid by a court decision.