A marriage contract may be declared invalid if

A marriage contract is concluded between a man and a woman who plan to enter into an official marriage or have already done so. The document clearly states the rights and key responsibilities of each party to the arrangement. The content of the contract can be very diverse. The main thing is that it does not contradict the current provisions of the law and does not violate the rights and interests of the participants in the transaction. There are circumstances under which the contract may be declared invalid. It is about them that will be discussed in the next story.

Among the key grounds for recognizing a contract between spouses as invalid, the following points can be distinguished:

• the content of the document is at odds with the applicable legal provisions;
• the contract was originally concluded for purposes contrary to generally accepted norms of morality and law and order;
• the concluded transaction is feigned or imaginary;
• the contract was drawn up under the incapacity of the party to the transaction, or by misleading the spouse, putting pressure on him, etc.

The concepts of imaginary and pretense of a transaction

The sham of a transaction is discussed in situations where it is carried out without the goal of generating legal consequences. For example, a contract drawn up only to protect certain property, infringe on the rights of future heirs, “mask” a fictitious marriage, etc. will be recognized as imaginary.

We are talking about the pretense of a contract in cases where it is drawn up in order to cover up another transaction. For example, there are often situations in which spouses buy or sell certain property, dressing this transaction in the form of a marriage contract. Under such circumstances, they get the opportunity to avoid legal taxation, which is not right.

Other grounds for challenging the validity of the contract

The court recognizes the contract as invalid if its provisions limit any rights and interests of a member of the transaction, guaranteed to him by the basics of family law.

A marriage contract can also be challenged in the situation if one of the parties to the contract at the time of its conclusion was a minor, and the signing of the document took place without the official consent of his representative. In such a situation, the right to challenge the validity of the contract is assigned to the guardian or other legal representative of the minor party to the transaction.

In addition, the court recognizes the contract as void if one of the spouses at the time of its signing was of limited legal capacity and did not understand what he was doing. In the same situation, a legal representative of a partially capable or incapacitated citizen can file a lawsuit to challenge the validity of the contract.

A good reason for recognizing the invalidity of the contract is the fact of pressure on the participant in the transaction or the intentional misleading of him. The same category of reasons includes the legal illiteracy of the transaction participant, against the background of which he had no idea about the significance of the process and its possible consequences and did not receive intelligible and truthful explanations.

How to invalidate a contract: step by step instructions

The recognition of such transactions as invalid is the responsibility of the court. To successfully complete the case, you must adhere to the following sequence.

First step. We determine whether there are grounds for recognizing the contract as invalid

For this, one of the following reasons is sufficient:

• lack of notarization of the document. An agreement not certified by a notary is nothing more than a piece of paper. It has no legal force;
• the fact of incapacity or limited legal capacity of the party to the transaction;
• concluding an imaginary or sham deal;
• contradiction of the provisions of the contract with the current legislation, etc.

Details on the grounds against which a marriage contract may be invalidated were described earlier. In general, it is necessary to consider the nuances of each specific transaction on an individual basis.

Second step. Checking the validity of the statute of limitations

According to the standard, the limitation period is 3 years from the date of conclusion of an imaginary or otherwise void transaction from the date of its execution.

For voidable transactions, if there are requirements for the recognition of their consequences as invalid and, the limitation period is reduced to 1 year.

In general, the court will accept your application regardless of whether the statute of limitations has expired. But, if a party to the proceedings during the trial declares that the statute of limitations has expired, the court will most likely not satisfy the claim.

Third step. Preparing a claim to invalidate the contract

To declare the contract invalid due to its voidability, the plaintiff must provide evidence that the transaction violates his rights and / or interests, is at odds with the provisions of the law, or entails (may entail) adverse consequences for the applicant.

If the contract was drawn up against the background of misleading one of the parties, under pressure, threats, etc., the injured party must apply to the court. In general, if any damage has been caused to the party to the transaction due to the contract, or if such damage may occur in the future, it is the victim who must file the application.

Sample statement of claim for the recognition of a marriage contract invalid

Fourth step. We pay the state fee

Find out the amount of payment and details for transferring funds in the court in the place. The original or a copy (depending on current requirements) of the receipt will need to be attached to the package of documents, so be sure to keep the receipt.

Fifth step. We submit documents to the court

In addition to the application, we provide the court with the following:

• copies of the claim in the amount of 2 pieces. One copy will be received by the defendant, the second - by the notary who certified the contract;
• a document confirming the payment of the state fee;
• copies of the marriage certificate. Usually requested in the amount of 3 pieces, but it is better to clarify this point individually;
• copies of the marriage contract. The information about the number of copies is the same as for the previous item;
• documents capable of confirming the legality and weight of the requirements for the recognition of the contract as invalid.

With the application and the listed documents, one should go to the magistrate's court at the place of residence/registration of the defendant. If, simultaneously with the case on recognizing the contract as invalid, disputes are considered on the division of common property, the total value of which exceeds 50 thousand rubles, and / or on the future fate of joint minor children, go to the district court.

Sixth step. We take part in litigation

The average time for a case to be heard in a magistrate's court is 1 month. In the case of district courts, the duration of the procedure can stretch up to 2 months from the date of filing the claim. In practice, the process often drags on much longer, because. courts are usually overburdened with cases.

Video - Marriage contract. Lawyer's advice

Video - Marriage contract. Its conclusion, termination, conditions