Divorce terminates the marriage contract, even in the case of re-registration of the marriage relationship.
The Supreme Court of the Russian Federation answered an interesting question at the intersection of contractual and family law about whether a previously concluded marriage contract is renewed in the event of a re-marriage.
Case Facts:
From 16.01.16 to 13.06.17, the parties were married [MARRIAGE #1].
On 08.11.16, the spouses entered into a marriage contract, which established a separate ownership regime for any property acquired during the marriage.
From 15.12.17 to 17.03.20, the parties were married [MARRIAGE #2]. During this marriage, the spouse acquired 3 (three) apartments in his own name.
On 16.05.22, the wife learned that on 31.05.19, the husband gifted the said apartments to his father without obtaining the wife's consent to the alienation of the real estate.
The wife asked the court to:
→ recognize the sold apartments as common marital property and divide them, recognizing ½ of the share in the right to the apartments for each;
→ invalidate the transactions for the alienation of apartments in favor of the husband's father and apply the consequences of invalidity (restitution).
Position of the Supreme Court of the Russian Federation:
1. According to paragraph 3 of Article 43 of the RF IC, the validity of the marriage contract is terminated from the moment of termination of the marriage (Article 25 of this Code), with the exception of those obligations that are provided for by the marriage contract for the period after the termination of the marriage.
2. Taking into account the above, the marriage contract was terminated due to the termination of the marriage between Oganisyan A.M. and Oganisyan A.R., and its conditions on the regime of property acquired by spouses during the marriage do not extend to the period of the subsequent marriage of the parties, registered on 15.12.17.
3. The conclusion of the court of appeal that the parties extended the provisions of the marriage contract to the period of the new marriage is not based on the law.
The Supreme Court of the Russian Federation answered an interesting question at the intersection of contractual and family law about whether a previously concluded marriage contract is renewed in the event of a re-marriage.
Case Facts:
From 16.01.16 to 13.06.17, the parties were married [MARRIAGE #1].
On 08.11.16, the spouses entered into a marriage contract, which established a separate ownership regime for any property acquired during the marriage.
From 15.12.17 to 17.03.20, the parties were married [MARRIAGE #2]. During this marriage, the spouse acquired 3 (three) apartments in his own name.
On 16.05.22, the wife learned that on 31.05.19, the husband gifted the said apartments to his father without obtaining the wife's consent to the alienation of the real estate.
The wife asked the court to:
→ recognize the sold apartments as common marital property and divide them, recognizing ½ of the share in the right to the apartments for each;
→ invalidate the transactions for the alienation of apartments in favor of the husband's father and apply the consequences of invalidity (restitution).
Position of the Supreme Court of the Russian Federation:
1. According to paragraph 3 of Article 43 of the RF IC, the validity of the marriage contract is terminated from the moment of termination of the marriage (Article 25 of this Code), with the exception of those obligations that are provided for by the marriage contract for the period after the termination of the marriage.
2. Taking into account the above, the marriage contract was terminated due to the termination of the marriage between Oganisyan A.M. and Oganisyan A.R., and its conditions on the regime of property acquired by spouses during the marriage do not extend to the period of the subsequent marriage of the parties, registered on 15.12.17.
3. The conclusion of the court of appeal that the parties extended the provisions of the marriage contract to the period of the new marriage is not based on the law.
The Determination of the Supreme Court of the Russian Federation No. 24-КГ23-26-К4 dated 20.02.25.