Derogation of a marriage contract: grounds, procedure, statements of claim, legal effects

The marriage contract is a document signed by the spouses or persons who enter into marriage only, which establishes the rights and obligations of each of them in respect of the property currently available and what will become of the marriage thereafter, as well as determining to whom and to what extent after the divorce.

Basic provisions of a marriage contract

The institution of the marriage contract was first introduced into domestic law in 1995 (art. 256 of the Code of Criminal Procedure) and later incorporated into the Family Code in 1996. Chapter 8 of the Criminal Code regulates the marriage contract (arts. 41-44):

• The contract is defined as the agreement of the parties.
• When a contract is entered into, it shall not be entered into before the marriage is registered, nor after the divorce; if the contract is made before the marriage, it shall enter into force not before the day of the registration of the marriage.
• The contract(s) must be in writing and must be certified by the notary.
• The parties shall have the option of choosing the regime of joint, joint or separate ownership of all property, its part(s) or the property of each of the spouses.
• Only property (material) matters - rights and obligations to support each other, children, family expenses - cannot be regulated by a marriage contract, i.e., it is not possible to determine who deals with children and who cooks and others.
• It is prohibited to disadvantage one of the spouses or to include provisions contrary to the family law; for example, it is unlawful to include in the document a provision whereby, in the event of divorce, one of the parties receives all the property available and the other nothing at all.
• The modification/dissolution of the contract is permitted, as is any civil transaction, by mutual consent or judicial process.
• The law provides for the possibility of invalidating a contract in court, in whole or in part, for reasons established by civil law.
• A contract may also be declared null and void at the request of the spouse who is placed in a vulnerable position by the contract.

Further details on the conditions that can and cannot be included in the marriage contract can be found in this article.

Despite the fact that not every family enters into a marriage contract, our country has already developed a consistent jurisprudence on the resolution of disputes over such transactions.

Grounds for invalidation

It is clear that when a man and woman decide to enter into a marriage contract, they realize that the property acquired during the marriage will be shared differently from that provided for in article 34 of the Family Code of the Russian Federation.

It happens that after a while what seemed right when signing a document may not be arranged by a husband or wife, and that is when the "injured" party may (and may) challenge the transaction in court as invalid.

It is important that the marriage contract may be declared null and void for various reasons: as null and void or as a disputed transaction (article 166 of the Criminal Code of the Russian Federation).

Nor is it valid if the mere fact of a family relationship for any reason is unlawful (an invalid marriage) (art. 30, para.

If the marriage contract (contract) contains unlawful provisions, or when it is prepared, signed, formalized (for example, the consequences of the distribution of property in a certain way have been misexplained, or there has been coercion, pressure on one of the future spouses, or someone has been misled about their rights to property), such a document may subsequently be declared null and void and, by a court decision that has entered into force, will cease to be valid.

The treaty shall be considered null and void:

• Not certified notarized (or duly certified, without proper authority) (article 41 of the Russian Federation);
• Signed by an incompetent person (due to mental illness or age) (art. 176 of the Criminal Code of the Russian Federation);
• The prisoner is pretending, i.e. to cover another transaction (e.g. sale), or as a perceived transaction that has no intention of achieving the result provided for by the law (e.g. to remove property from the threat of seizure) (art. 170 of the Russian Civil Code);
• Restricting the inherent human rights (right to apply to the courts, to receive material support for illness, for the care of children, etc.) or including conditions which cannot be regulated by a marriage contract by definition (e.g. various domestic matters, upbringing, personal duties) (art. 42, para. 3, art. 44).

The treaty is called into question if it:

• Concluded under pressure (no matter what kind), fraudulently, with the use of physical or psychological violence, under the influence of circumstances so unfavourable to one of the parties to the treaty that if they had not been signed, the treaty would not have been signed (art. 178, 179 of the Criminal Code of the Russian Federation);
• contains conditions that clearly (man or wife) infringe on the position of husband or wife (article 44, paragraph 4, of the Criminal Code);
• Signed by a person whose capacity is restricted by the court (no matter why) (art. 176 of the Criminal Code of the Russian Federation);
• is concluded when one of the parties to the contract is in such a state that he was unaware of his actions (due to illness, mental state, stress, medication, etc.) (art. 178, 179 of the Criminal Code of the Russian Federation).

A worthless treaty is illegal from the beginning, and an objectionable one if one can prove (find) the basis on which it is found to be illegal.

Any of the grounds listed above, both in the text of the treaty and in the procedure for its conclusion (before it), give rise to the question of its illegality.

Procedure

In order to determine whether a marriage contract is null and void, the proponent will have to perform a number of actions:

1. To justify the reason why the contract is illegal (not valid);
2. To calculate the statute of limitations;
3. To present its arguments and evidence in the statement (suit);
4. To submit the necessary documents to the court and to take part in the proceedings.

Cases involving family and property matters are heard by a justice of the peace or by a court of general jurisdiction (district), in accordance with the rules of civil procedure.

Marriage contract and limitation period

When a treaty attempts to render null and void, the period shall be three years and shall be counted as follows:

• from the day when the void transaction began to be performed, which in this case will be the commencement of the contract;
• from the day when a person who is not a party to the contract (which may be, for example, a child or other relative of the spouses) became aware of him or her.

If the contract is contested, the period of limitation shall be only one year, which shall be counted as follows:

• From the day the circumstances (threats/violence/other influence) that prompted the person to sign ceased (art. 179 of the Criminal Code of the Russian Federation);
• From the day when the claimant learned/to know the reasons that made the contract illegal.

It is important to know that the court will also accept the application beyond the time limit, but it is likely that the defendant will declare at the court hearing that such a time limit has already been missed and that, under the law, the court will refuse to grant the plaintiff ' s claims (art. 199, paras. 1, 2 of the Criminal Code of the Russian Federation).

Statement of claim: Who filed it

The court may request the annulment of a marriage contract by a husband, wife (including after divorce) or a person (person) whose rights and interests have been violated by this document (art. 166, para. 2, of the Civil Code of the Russian Federation). The court may, on its own initiative, consider the validity of the contract.

When challenging a marriage contract signed by an incompetent/incompetent person, the guardian may file a complaint; if the signatory is unable to direct his or her actions, he or she may declare it, as well as the person whose interests have been violated by the operation of the contract.

Court proceedings

According to article 132 of the Civil Code, when an application is filed with a court, it is accompanied by:

• Copies of the claim by number of persons involved (defendant, notary who certified the contract at the time);
• Copies of the marriage certificate, contract, documents supporting the plaintiff ' s position.

The claim in question relates to non-pecuniary (not expressed in money) claims for which the duty is 300 rubles (art. 333.19, para. 1, of the Constitution of the Russian Federation).

If, in addition to the principal claim, the claimant claims a property, the amount of the fee shall be calculated from the price of the claim; according to the Tax Code (art. 333.19), between 400 roubles and 60,000 roubles will be required to be paid.

The State shall be admitted to the props of a particular court, which shall choose the residence of the other party (defendant), which may be a justice of the peace (if the requirements do not exceed 300,000 roubles) or a district court (if the requirements are greater).

Unfavourable provisions of the treaty as the cause of the claim

Article 43 of the Family Code emphasizes the prohibition of including in the marriage contract conditions that place one of the couple in a very unfavourable position; if this has occurred, the contract may be tried to render null and void (art. 44 (2) of the SC).

The classic and most striking example is the marriage contract, according to which each spouse ' s property is (will be) the property of the one in whose name it is registered/registered.

For example, if the husband succeeds in doing business over time, then the wife will be left with her original property, and if she divorces her husband's property, she may seek to challenge her previous contract.

However, neither the Family Code nor any other law defines a "very unfavourable situation" and does not contain characteristics that would reveal it.

In the present situation, it is likely that the court will consider that, when concluding the contract, the parties have given a record of their actions, the notary has explained to them both the rights and obligations and the legal consequences of the transaction, including the derogation from the terms of equality of shares in the property acquired during the marriage, and will refuse to declare the contract null and void.

According to the definition of the Constitutional Court of the Russian Federation on the question of the concept of extreme disadvantage (No. 779-O-O of 21.06).

(11) This wording in the Family Code does not reveal the uncertainty of the rule itself, since the diversity of circumstances does not allow for the inclusion of all of them in the law.

For the time being, not every couple entering into a marriage uses a marriage contract.

A great advantage of this is the clear distinction between personal, common and joint property, and the division of property in the event of divorce, but since all the circumstances of life cannot be foreseen in advance, it is impossible to rule out the possibility of a judicial challenge to the validity of his detention in the future.

How to render a marriage contract null and void

The conclusion of a marriage contract is one of the best ways of regulating financial, property and other obligations between spouses, and therefore such a transaction is very common in the Russian Federation.

The annulment of a marriage contract is subject to judicial procedure on the basis of the grounds laid down by the Civil Code and the UK of the Russian Federation.

For a document to be cancelled, it is necessary to know the law and the step-by-step action algorithm.

What a Marriage Contract Is

Marriage agreement(contract) is a document governing the property and financial situation of each spouse, which may be concluded during marriage.

If citizens are only going to register a relationship in the civil registry, the contract will only take effect from the moment of formal registration.

It is important to bear in mind that it is not possible to formulate a contract after avoidance.

If the spouses resolve property issues, they can make an agreement on the division of property and assure it to the notary.

What issues may be reflected in the treaty:

• Special features of ownership of joint property, existing property and valuable items to be acquired in the future.
• Financial resolution, management of the family budget, division of the general budget.
• An indication of the property that may be handed over to the second spouse upon dissolution of the marriage.
• The nuances of the maintenance and care of the spouses.

The contract shall not contain paragraphs that aggravate the situation of either party; it shall not be permitted to specify the nature of the upbringing and association with the common children, to restrict the right of the disabled spouse in need to receive payment from the other party, and to other violations of the UK rules.

Consider the operation of the treaty as a practical example:

Grounds for invalidating a marriage contract

Under article 44 of the Russian Federation, a contract is declared null and void if it contains conditions that disadvantage one of the parties; there may also be other reasons specified in article 168-179 of the Russian Civil Code.

Consider them in more detail:

• Contrary to the norms of the UK or other legislation, although the terms of the contract are determined by the spouses themselves, they must be guided by the rules of family and civil law when drafting.
• The perplexity of the transaction: I think it's a transaction that was just "for the species" when the citizen wasn't going to comply with its terms.
• A pretense transaction made to cover another transaction.
• The signing of a contract by a person incapable of being able to do so if the incapacity is due to a mental illness; the guardian may seek monetary compensation from the other party for the damage if it is established that the other participant knew of the incapacity.
• Lack of notarization.
• The conclusion of a contract with a limited capable citizen is subject to a challenge on the initiative of the trustee.
• The treaty was concluded under the threat of violence.
• At the time of signing the agreement, the husband or wife was under the influence of alcohol or drugs and could not report their actions.
• If the signing of a contract results in a citizen becoming dependent on his or her spouse.

According to article 43 of the Russian Federation, a citizen who is displeased with the terms of the contract may agree with the other party to amend the contract, in which case the notary has an additional agreement to the contract, but the document itself remains visually unchanged; in the absence of agreement on the adjustment, individual paragraphs are challenged in court on the application of the party they do not agree with.

Many mistakenly believe that a marriage contract may specify the conditions under which, in the event of divorce, the proponent will be obliged to hand over all the property to his spouse; such paragraphs violate the requirements of article 44 of the UK and may be challenged, as well as the possibility that the entire contract may be declared null and void by the courts.

If the wife or husband wishes to render the contract null and void, this is done by entering into an agreement with the notary and, in the absence of the consent of one of the parties, in court.

How to render a marriage contract null and void: step-by-step instruction

A number of pre-trial actions are recommended for start:

• To speak to his wife about the possibility of changing the terms of the contract; to make an audio recording of the conversation: although a prior conversation before filing a complaint with the court was not a necessary condition, in practice, judges could ask for evidence during the hearing indicating that the plaintiff had tried to negotiate with the defendant in a peaceful manner.
• To invite the spouse to change the contract in writing; to do so by sending a letter of notification; this option is most relevant if the husband and wife are separated.

It is also important to bear in mind that a spouse ' s desire to cancel certain clauses or a contract can be totally rejected by the second spouse, which will inevitably affect the relationship between the two, so that a careful consideration is required before making such a proposal.

If trials are not avoided, the following actions will have to be taken:

1. If there is no breach of contract, the likelihood of a lawsuit being successful by a court is significantly reduced; if there is one, it is necessary to write separately which articles of the law have been violated; this will later be necessary in the preparation of the statement of claim.
2. To file an action and prepare a package of documents, then to bring the matter before the court at the place of the defendant ' s registration; if it is not known, you may apply to the judicial authority at the address of your propiska or the location of the second party ' s property.
3. The court shall, as a rule, notify the court in writing or by SMS of the date of the first hearing of the participants in the proceedings.
4. The trial can last up to two months.

If the defendant filed a motion to hear the case without his or her participation, his or her absence from the proceedings would not affect the length of the proceedings, but if the motion was not filed and he or she was absent from the proceedings for reasonable reasons, the proceedings could be prolonged.

Court documents

In addition to the application, the plaintiff must provide the court with a passport, a marriage contract, a marriage registration certificate and copies of the documents must be taken by the registrar and the originals returned to the owner.

It is also important to take care of the evidence base, which depends on the specific situation:

• The court ' s decision to declare the plaintiff incompetent or of limited capacity is given by the guardian if the document has already been valid at the time the contract was made; this is required as proof that the citizen was unable to fully understand the legal consequences of his or her actions.
• Video recordings: They are relevant if the contract was concluded by a defendant who was intoxicated and could not be held accountable for his actions; in practice, such cases are quite rare because notaries refuse to process transactions involving such persons; and video recordings may also be useful if the contract was signed under the defendant ' s physical or psychological influence.
• Income certificates: It may be necessary to challenge the financial regulations.

Witnesses may also be invited in the course of the proceedings, and their testimony is required if, after the conclusion of the contract, the husband has acted unworthyly in the family or has told anyone that he intends to sign the contract, but that he will not comply with the terms of the contract in the future.

Testimony would be required if a contract was signed under duress and any person, including a notary, could act as a witness, but under the rules he had to refuse a certificate at the time of a citizen ' s visit.

Is it possible to challenge the marriage contract after the dissolution of the marriage

According to the law, the contract is terminated by a court decision, settlement agreement or at the time of the official dissolution of the marriage; if, after divorce, one of the spouses discovered conditions that did not meet the requirements of the UK, a challenge application could be filed.

The time limit for bringing a claim before a court is 1 year from the time the citizen learned of the violation of his rights and not from the date of the divorce, so that the time limit for the action may be uncertain, but the plaintiff must prove that the new circumstances were recently discovered by him.

The procedure for declaring a marriage contract null and void is conducted peacefully, with mutual consent or by a court of law, following the filing of a statement of claim; the contract is declared null and void, in whole or in part, or void; if there are no relevant grounds, the applicant will be denied the application.

Derogation of a marriage contract: grounds, procedure, effects, declaration

The decision to officially register a marriage is made by the couple consciously and on their own initiative, and people who enter into a marriage contract on entering into a union must understand that the document has legal force.

A contract shall be drawn up and signed with the mutual consent of both parties, and the document shall be certified only by a notary.

How the process of invalidating a marriage contract and other nuances is progressing, let us consider in more detail.

Grounds for invalidating a marriage contract

In order to challenge the marriage contract, serious grounds are required, including the production of a document that violates the requirements of Russian law.The marriage contract shall be declared null and void in the following circumstances:

• In the absence of a notary ' s certificate;
• When the document has been signed by an incompetent person;
• When the agreement defines the following points:
• Restriction of rights and freedoms;
• Prohibition of the protection of rights in court;
• Conditions governing family relations;
• The procedure for the upbringing of joint minor children.
• If the document is false and has the intention to conceal any other transaction;
• If one spouse disagrees with the conclusion of a marriage agreement;
• When one of the parties was in a state of error or in a difficult life situation, as the other spouse took advantage of;
• If one party was forced to sign a treaty with threats and physical violence.

If the contract corresponds to one of the above points, the transaction shall be declared invalid and shall have no effect.

In a situation where the requirements of the contract have been met, such as the transfer of property, everything is returned to its original position.

When the marriage agreement does not comply with the requirements of the law, only certain paragraphs are excluded by the judicial authority and the contract is in force.

Who has the right to challenge the marriage contract

Both spouses or their legal representatives have the right to challenge the marital contract, and there are cases in which the rights of the spouses are protected by a person acting on the basis of a power of attorney; if one party is aware of the outcome of the transaction, she loses the opportunity to challenge the contract.

A marriage agreement may be terminated by a notary, but restitution will not be possible in this situation, which means that the legal situation will be restored or restored to its original state.

Since the main purpose of invalidating a contract was the application of restitution, the termination of a contract by a notary made little sense.

Method of invalidation of a marriage contract

It is important to note that in order to render a contract null and void, it is necessary to seek judicial assistance.The following action algorithm shall be followed:

1. Identification of the reasons for rebutting the contract;
2. Verification of the period of opportunity to apply;
3. Formation of the claim;
4. Collection of a package;
5. Payment of a federal fee;
6. Sending a package of collected papers to the authorized authority;
7. I'm going to appear at the hearing.

Time limits for filing a claim

The statute of limitations must be checked before a trial could commence, and there was no statutory time limit for family disputes.However, when there are financial and property issues in the case, there may be a statute of limitations in some situations, namely:

1. 12 monthsThe countdown shall begin at the time when the grounds and circumstances for challenging the document have been identified.
2. 36 monthsThe period shall begin to run from the time when the terms of the agreement have been fulfilled or when the terms of the contract have become known to have been fulfilled.
3. 10 years- if a third party who was not a party to the transaction applied to the court.

Attention!Any application submitted to a judicial authority would be accepted despite the periods of limitation; however, if one of the parties informed the judge before issuing the order, the competent authority would take a negative decision and would not satisfy the plaintiff ' s claims.

Formation of a claim

In order for the marriage agreement to be declared null and void, a valid claim must be made and the application must be made in accordance with the requirements of the legislation in force.The document must contain the following particulars:

1. Full name of the court (no reduction is permitted);
2. The plaintiff ' s personal details, including the FIO, the date of birth, the address of actual residence and registration records, as well as contact telephones for communication;
3. The defendant ' s personal information, including FIO, date of birth, address of registration and actual residence, contact telephones;
4. The value of the claim (subject to the substantive nature of the transaction or on the basis of the plaintiff ' s claims);
5. title of the document;
6. The circumstances of the case;
7. Evidence;
8. References to legislation that will confirm the applicant ' s position;
9. Requirements to the judicial authority (recognize the marriage contract as null and void);
10. List of annexes;
11. Date of claim;
12. Personal signature of the proponent.

Filling out the claim

The name of the court, the defendant ' s and the plaintiff ' s information shall always be recorded in the upper right corner, and the FIO, addresses and telephone numbers of the latter shall be indicated.

The title of the document is written in the middle of the new line, followed by the substance of the application and a description of the problem. Information is provided on the date of registration of the marriage, the date of the conclusion of the contract, and how the agreement concluded between the spouses is contrary to the legislation in force in the Russian Federation.

It is then necessary to state what evidence is available to the plaintiff, and the applicant has the right to demand the termination of the marriage contract, both in full and in part.

At the end, the proponent shall place its signature and the date of completion of the document.

Collection of necessary documentation

The following package of papers should be attached to the document containing the requirements:

1. A document certifying the applicant ' s identity;
2. Several copies of the statement (for all participants in the proceedings, including the notary certifying the claim, as well as the judicial authority);
3. In presenting the claimant ' s interests to third parties, an appropriate power of attorney is required;
4. The original and the copy of the marriage certificate;
5. Marriage agreement;
6. Other documents necessary to confirm the claimant ' s position.

Federal fee

In addition to the documentation package, the State duty should be paid.300 rublesIn a situation where the statement of claim contains substantive requirements, the amount of the fee will depend on the price of the claim, and a certain formula has been developed for the calculation.

It matters!In order for the money to go into the necessary account, it is necessary to take correct details from the authorized organization, or to use the official website of the government agency.

Method of payment:

1. Contacting the Savings Bank with responsible staff (e-mail);
2. Use of Sberbank self-service terminals;
3. Payment through payment terminals of other credit organizations (it is important to clarify the availability of this service);
4. Payment through the Public Services Portal;
5. Payment through the official Sberbank website online;
6. to any commercial bank.

Submission of a complaint to an authorized authority

The claim is filed on a propiska (the address of the registration account) of the second party (the defendant), which may be filed at the place of registration of the applicant, but requires serious justification (disease, care of young children, etc.). Sometimes the claim may be filed at the location of the disputed property.

If the application contains material claims, such as the division of property, the document will be considered depending on the price of the claim, or in the District Court.(over 50,000 roubles)or in the world(up to 50,000 rubles).

Appearance at trial

The appearance before the court is strictly binding.30 days laterSince each case was considered on a case-by-case basis, no general time frame could be read out.

When the court has considered all the details of the case, the decision is taken by the judicial authority; if the court has granted the plaintiff ' s claims, the marriage agreement will be null and void.

Consequences of invalidating a marriage contract

The main purpose of invalidating the contract, as mentioned above, is to carry out restitution; consequently, once the document has been declared null and void by a court, legal effects have arisen, the meaning of which is to return everything to the same level.There are several main consequences after the trial, which can be summarized as follows:

1. All property and other property acquired during marriage shall be recognized by the court as jointly acquired property, i.e. each spouse shall have equal rights to dispose of it;
2. The division, as well as the return of all property rights, is determined on the basis of the current legislation of the Russian Federation;
3. All disputed situations are dealt with exclusively through the judicial authority (e.g. place of residence of joint children after divorce, etc.).

A little bit about judicial practice.

To date, marriage contracts are not particularly popular in Russia; therefore, there are few cases of this kind.

Every action filed is subject to individual review and a court ruling is handed down, taking into account all the circumstances; in most cases, the marriage contract is annulled when points that are contrary to the legislation adopted in Russia have been identified.

In some cases, the spouses wish to state in the agreement conditions that are non-material in nature, which are strictly prohibited, and for these reasons the court may refuse to grant the claim.

Let's take stock.

So,It is only in the circumstances mentioned above that a marriage agreement may be declared null and void..

The procedure will require the preparation of a statement and the necessary documents to support it, and the list of documents includes a receipt of payment of State duties.

When a marriage contract can be declared null and void

A marriage contract is a signed document that is proof of the agreement of the spouses or persons entering into marriage, and the conclusion of the marriage contract provides for the rights and obligations of both parties.

When signing a marriage agreement, we need to know that this document applies exclusively to material goods, i.e. the family name of the couple, the fate of the children in divorce is not regulated.

The conclusion, termination and invalidity of the treaty are carried out in accordance with the Civil and Family Codes of the Russian Federation.

Since the marriage contract relates to a civil transaction, it is essential to comply with all the legal rules and procedures governing the conclusion of the document, and it is also necessary to know under what conditions the marriage contract may be declared null and void and what procedures must be followed to render it null and void.

Inviolability of a marriage contract

The rights and obligations of the spouses, which are laid down in the contract, may enter into force subject to the conditions under which the contract is considered valid:

• All the paragraphs of the contract must be based on the law and the agreements of the spouses, which regulate personal non-material relations, shall not be permitted.
• The marriage contract must be certified by a notary.
• Both partners must be capable and legally capable.
• The agreement must be drawn up and signed in good faith by both spouses, which means that the document cannot be signed under duress.

In addition to these conditions, if the contract changes the right to property, the right is to be registered by the State with the judicial institution for the registration of rights in the place where the immovable property is located; for example, if the spouse gives up property in favour of the spouse, the right to property shall arise from the time of registration.

If one of the above-mentioned conditions is ignored, the marriage contract may be declared null and void.

An invalid transaction outside the court ' s decision is referred to as null and void; for example, a contract violates the law or is drawn up by an incompetent person; article 168 of the Civil Code provides that if the law does not indicate that the transaction is disputable, it shall in one way or another be deemed null and void.

A simple and controversial marriage contract

There are two types of invalidity of a civil law transaction – contested and null and void; there is still a cable, but it is a rather specific form, which is rarely recognized. When a marriage is declared null and void, the marriage contract is declared null and void.

But practice has shown that, in the interest of a good faith party, the court may declare the contract valid and maintain the agreement in whole or in part.

A marriage contract may be declared null and void (nothing) if:

• There are violations of family law.
• There is no assurance from a notary when a contract is drawn up.
• The contract is to cover another transaction.
• A marriage contract is concluded on the basis of a sham marriage.
• A person with whom a marriage contract has been concluded is deemed partially or completely incompetent.

A marriage contract may be declared null and void (disputed transaction) in the following cases:

• The formation of the contract was accompanied by the misleading of one of the parties (e.g. by deception).
• The treaty is signed by means of violence, intimidation or threats against one of the parties.
• One of the spouses was limited in capacity or at the time of signing was in an inadequate or unafflicted state.

The bonded marriage contract is very similar to the type contested, but it only has a slight difference.

First, in order for the court to consider the treaty to be bonded, there is a need to prove a number of difficult circumstances that were used against one of the parties for the purpose of signing the treaty.

Second, it needs to be confirmed that the spouse against whom the unlawful acts were used was aware of the violation of his rights, but under pressure he had to sign the marriage contract.

A marriage contract may be declared null and void in court

In order to determine whether a marriage contract could be declared null and void, it was first necessary to determine the legal grounds for invalidity, and then to check the time limit for the statute of limitations.

3 years is for a small contract, 1 year is for an disputed one, and then a lawsuit is prepared and filed with the court with the necessary documents for the trial.

The proceedings are then heard and the judgement rendered.

An action for annulment of a marriage contract

In order to render a marriage contract null and void, an application for annulment must be filed.

The applicant, or his or her official representative, trustee or lawyer, has the right to file the application; another person must have a power of attorney certified by a notary.

The application must contain all the details, names, addresses. In any case, you will not write with free text, but you will fill out the standard form.

If you do not have the right to marry, you will not be able to make a marriage contract null and void unless it is a pretense.

Consequences of invalidating a marriage contract

When a court declares a marriage contract null and void, it will necessarily have consequences.

From the moment the marriage contract is declared null and void, all the effects of the contract are automatically annulled.

In the same way, all acts which the treaty provided for are also declared null and void, and the parties will have to return to each other what they received under the treaty.

All solutions to conflicts arising from the division of property will be carried out in accordance with the law, and all property that has been acquired during the period of the marriage shall be equally divided, since it is considered to be a joint estate.

From the moment the contract is declared null and void, it does not matter what is described in the property contract; if the document is invalid, then all of it is also invalid.

Thus, the division is made in accordance with generally accepted legislation, without exception, and in simple terms, no matter which spouse bought what he bought in marriage, in the event of a divorce, everything is equally divided between the spouses.

If there is evidence that one of the parties, at the time of signing the contract, acted under threats and intimidation, then the validity of the marriage contract is challenged by the court.

Limitation period for invalidating a marriage contract

When disputes relating to the invalidity of a marriage contract are considered, it is important to monitor the time limits for filing a claim.

There are cases in which the Family Code of the Russian Federation may set a time limit for the protection of the violated right (as an exception to the general rule).

Such exceptions include disputes over the division of property of spouses whose marriage has been dissolved; the invalidation of a real estate transaction made without the husband ' s notary consent; and the annulment of a marriage in accordance with article 27 of the Family Code of the Russian Federation.

Consequently, the statute of limitations could not apply to such legal relations; nevertheless, there were cases in case law where the court applied the statute of limitations to such claims.

• Thus, when concluding a marriage contract, account must be taken of the conditions that may subsequently be declared null and void and efforts must be made to avoid such conditions.
• When disputes arise over a marriage contract, it is necessary to determine which of the terms and conditions apply to contested agreements.
• When a marriage contract is declared null and void (disputed), it is necessary to adequately assess all the circumstances of the case, to provide the court with all possible documents and nuances that can confirm the validity or invalidity of the marriage contract.

An action for annulment of a marriage contract

A marriage contract is a civil law document, and the procedure for its conclusion, dissolution and invalidation is fully regulated by the legislation of the Russian Federation.

If the proceedings in court result in the invalidation of any document, all the effects caused by the marriage contract must be set aside; from that point on, it is possible to resolve all matters on the basis of family law.

Legislation will be the only regulation of all contentious issues.

Depreciation of a marriage contract - grounds

First of all, the grounds for invalidating a marriage contract are the infringement of children ' s rights or the apparent discrimination of one of the parties; the legal consequences of recognizing an agreement no longer in force are that all relations are governed only by articles of law.

The condition of challenging such a document is a violation of personal rights or a significant infringement of children's rights.

As in the case of any other civil instrument, this may be:

• Coercive signature;
• Imprisonment with an incapable person;
• the registration of the document at a time when the person could not express his wish.

An additional ground for filing such an action is the annulment of the marriage itself.

Reasons for the termination of a marriage contract

The main ground on which an agreement may be declared null and void is the contradiction between its provisions and the articles of law.

In particular, a model of this type of claim includes a statement of a personal nature (restriction of the right to self-development, management of personal time and body, reduction of freedom of movement).

A claim may also be made if the document clearly infringes on the rights of children; for example, there has been a significant decrease in the proportion of a minor child ' s maintenance compared to the parent ' s income.

The legal consequences of a claim of this kind may also be incurred in the event of a change of circumstances; for example, if one of the spouses becomes disabled, he may not be completely deprived of maintenance; nor may the determination of custody of the children be permitted if the alleged guardian has been deprived of his parental rights.

Application for annulment of a marriage contract

An application for annulment of a marriage contract shall be filed with the District Court at the place of registration of one of the spouses.

• Data of the spouses;
• The date of registration of the marriage and the drafting of the agreement;
• This may simply be a cancellation of the signed agreement or detailed additional legal aspects that should follow);
• specification - in whole or in part (specific paragraphs) should be declared invalid.

A list of the attached acts, which are intended to confirm the validity of the above, must be included in the document after setting out the main points of the case, and must be accompanied by the agreement itself, as well as confirmation of the marriage, the birth of children and other documents and legal acts relevant to the case.

If the dispute has material aspects, the act must necessarily include the notion of the price of the claim; for example, if material or moral damage has been caused, which must be compensated, the amount to be recovered shall be included in the statement of claim at the outset.

Method of invalidation of a marriage contract

In order to render a marriage contract null and void, it is necessary to apply to a court of law and proceedings take place at several stages:

• Collection of evidence that supports the plaintiff ' s words;
• The filing of an action with the court;
• The trial process itself;
• The court ' s decision;
• The party(s) shall refer the decision of the court to the appropriate authority (for example, the notary where the transaction was registered, which should entail its cancellation).The list of the necessary authorities shall be determined by the spouse (the plaintiff), depending on the purpose of the action;
• Legal consequences.

When the trial takes place, additional evidence, witness statements and other relevant and potentially legal information may be provided.

Legal consequences of invalidating a marriage contract

Once a marriage contract has been declared null and void, the main legal consequences are the return of everything to the same level, from which point on all matters are regulated only by the law; the main consequences of proceedings before a court for declaring a marriage contract null and void are:

• The return of all property rights to the pre-marital level;
• Property acquired during marriage is recognized as jointly acquired (i.e. equal rights of both spouses);
• All the obligations of the spouses are determined only by the law, and the division of property rights is determined in the same way;
• Other contentious issues are resolved only through court proceedings (child custody after divorce, joint asset management).

Judicial practice of invalidating a marriage contract

At the moment, the marriage contract is not as popular among Russian citizens as it is, therefore there is still little case law per se; each case is dealt with individually and it is concluded on the basis of the circumstances of the case.

Recognition of the revocation of a document often occurs if there are any issues that are contrary to the law in force, and many couples seek to specify non-material clauses, which are prohibited, and on this basis a claim of invalidity of a marriage contract may be granted.

Also, if new circumstances are identified in the future: for example, spouses have several children whose rights may be partially affected by such an agreement.