Peculiarities of amendment and cancellation of the prenuptial agreement under the legislation of the Russian Federation

in the framework of this scientific article the peculiarities of amendment and cancellation of the prenuptial agreement under the legislation of the Russian Federation are covered in detail. A substantial part of the work is devoted to the study and analysis of the existing opinions within the legal doctrine concerning certain ways of amendment and cancellation of the prenuptial agreement: the author of the article consistently substantiates the position according to which any, even the most insignificant, change made in the text of the prenuptial agreement by the spouses, is subject to mandatory notarial certification. Dissolution of the prenuptial agreement, in the opinion of the author of this article, as a general rule, is possible only by mutual consent, but there is one exception, within which it is still possible to implement the mechanism of unilateral dissolution of the agreement in court: by applying the rule of subparagraph 1 of paragraph 2 of Article 450 of the Civil Code of the Russian Federation. Among other things, the article points out the need to develop signs that will signal to various subjects of law enforcement practice that with a high degree of probability there was a significant violation of the legal rights of one of the spouses, which puts him in an extremely unfavourable position.

family law, prenuptial agreement, amendment of the prenuptial agreement, cancellation of the prenuptial agreement