First you need to understand what is the marriage contract.
This arrangement is between:
- future spouses;
- already spouses.
The marriage contract is only associated with property for the time of marriage or with questions arising from the section of the Nizhnya:
- That the share, and that joint property, and that personal - everyone;
- The contract concerns the already acquired and what will be acquired in the future;
- Duties of material support, the rules for the distribution of costs and income;
- The rights to the income of the second spouse.
The conditions of the conditions are determined by both the specific temporary framework or the fact of the occurrence of the events prescribed in the contract. The agreement is drawn up both before registration and after, but is valid after registration of marriage.
The marriage contract is included in a small list of documents, which are compiled only by the notary, and necessarily undergo state registration in Russia or bodies performing on the territory of the subject of its function.
The decision to terminate the contract adopted by both spouses is adopted in the form of a contract compiled in the notary, and has passed state registration.
The marriage contract is invalid if:
- Affects areas to which it cannot spread;
- violates the prohibitions directly indicated in the Family Code
- the contract is completely or in part falls under the criteria for invalidity of transactions prescribed in the Civil Code.
The procedure and basis for recognizing the contract invalid
Invalidity of transactions, in particular, the marriage contract involves two points;
- insignificance due to violations directly prescribed in the law;
- nonignitivity due to circumstances or conditions established by the court.
In the first case, invalidity does not even need to be proved, it is based on the law, and here the court applies only the consequences of the illegality of the transaction.
In the second case, individual disorders may have or not have a negligible depending on the circumstances of a particular case.
The invalidity of invalidity is approved by the court and nothing else. You can write to the prosecutor's office, the police a statement regarding certain circumstances related to invalidity (the use of violence, deception proven by administrative materials or criminal case materials).
After you need to contact the judge with a claim, it will also decide, the transaction is valid, in this case the marriage contract or not. The lawsuit is filed as an interested person and the prosecutor in the interests of the victim due to illegal transaction.
The prosecutor has the right to contact the court in the case:
- violations of social rights citizen, man;
- violated interests of children.
Stakeholders file a statement to the prosecutor, and he decides on participation in the process.
Who, besides spouses and their trustees, have the right to seek the court, ask to recognize the contract invalid. Considering, the property in nature, the contract for it has the right to each, applying for property, in particular, when recovering on the executive list. The plaintiff may argue that by concluding a marriage agreement the right to property transferred to another spouse, in order to avoid recovery.
What grounds recognize the marriage contracts invalid?
The foundations of the invalidity of the transactions are set out:
- in the Family Code;
- in the Civil Code.
The first law establishes specific violations inherent in the relations of a family nature. The Civil Code concerns other cases that, among other things, can occur between spouses.
What grounds are listed in the Family Code?
The latter can concern anything (prohibiting the choice of profession, everything that was bought by one spouse, is considered his personal property, everything acquired by the second is considered exclusively by the general possession, etc.).
What is said in the Civil Code?
Failure to fulfill the requirements of notarization leads to insignificance of the transaction, it is considered illegal automatically.
The problem with the lack of assurance is solved in court, if the second spouse, with the consent of the transaction, evaluated from visiting the notary. Throughout the court, the court recognize such contracts by valid subject to the proven evidence and availability of consent to the transaction.
There is no closed list of bases of invalidity of the contract, each controversial case is dealt with individually, the base can be anything suitable for vague formulations.
Given the complexity of the procedure for the conclusion of a marriage contract, the majority of clearly illegal agreements simply does not assure, due to the risk of notary, to respond to the certification of the dubious agreement. Therefore, the recognition of the contract is invalid related to the desire to hide debts or translate the rights to property on the spouse not to lose this property.
The basis for the recognition of the marriage contract is invalid.
Already in marriage for several years, A. and B. amounted to a non-notary agreement in which:
- real estate in the form of an apartment;
- cars,
They are recognized by the property of his wife, the rest of the property - the land plot, which was sold after the conclusion of a contract with her husband's property. Also considered the property of his wife all further acquisitions on her name.
Example
The court filed a lawsuit in which the spouse A should have had a large amount of money - 1 million. The contract was accounted for after the decision of the court for the recovery of money in favor of .. A. I had a land plot owned by the marriage contract, the money from the sale of which went, after signing the contract, not to repay the debt.
A. After the conclusion of the contract with his wife did not report this to the creditor V., who had to be money, although the corresponding item is contained in the contract.
The court on the basis of the time of the commission, actions to sell property, the conclusion of the contract, inconsistency on the contract, the redistribution of the most valuable property in favor of his wife, found a deal with imaginary or feigned. Her goal is not to establish new rights and obligations, but concealing property from the bailiff and the departure from debt payment.
Questions answers
How much time is the marriage contract?
Answer: His action time is determined by the law and parties. In the law, the contract term from the date of marriage and before its termination. The contract terminates in a fully or partially according to individual items, if such provided.
What will happen to the marriage contract if the marriage is announced illegal?
Answer:The fate of the marriage contract depends on the decision of the court, so the stakeholder before the start of the proceedings should be made a counterclaim for recognition of the actual contract. The court recognize it with valid in the part or completely.
What period of time can be applied to the court for recognizing a contract illegal?
Answer:The limitation period for insignificant transactions is 3 years. If the deal is challenged (the law speaks of the possible invalidity of the transaction) the statute of limitations is a year.
The time is counted from the day when it became aware of the violation of the right or when violence or the threat to the use of violence was stopped, or from the moment the transaction began.