In 2019, a prenuptial agreement was concluded between the spouses. It contained the only condition: the apartment, which would be purchased by the parties in the future, as well as credit obligations for its purchase, would be the personal property of the spouse.

The apartment was purchased, the loan was issued.

In 2021, the prenuptial agreement was terminated by the parties and maternity capital was included in the partial payment of the loan debt.

In 2024, the couple divorced.

A legal dispute began between the parties regarding the division of property, in which, among other things, the subject of the division was the above-mentioned apartment, which the wife considered to be jointly acquired and asked the court to collect compensation in her favor, and to transfer the apartment to the ownership of the former spouse with the allocation of shares to the children.

The court of first instance satisfied the spouse’s claims, divided the disputed apartment between the spouses and indicated that if the marriage contract was terminated, then the property would be considered jointly acquired.

We disagreed with this result, and appealed to the court. The court of appeal granted the appeal, overturned the judicial act and recognized the apartment as the personal property of the spouse with the allocation of shares to the children.

In court, it was possible to prove that the termination of a prenuptial agreement terminates the obligations exclusively for the future. Everything that has been redistributed, executed, or modified by the concluded agreement prior to its termination remains in force after termination.

The client’s interests were represented by lawyers Marina Nikolaenko and Darya Nagornaya.