How to recognize the marriage contract invalid

Is it possible to recognize the marriage contract invalid? This question will be answered on the pages of the Civil Code and the RF IC. A marital agreement is nothing more than a transaction that can be invalid by the court decision. The result can be a complete or partial challenge of a married agreement. The reasons for this are a large set, but this process is a serious legal action and has a large number of consequences.

The marriage agreement is required notarized, but this does not exclude the fact that it can ever be considered invalid. Regulated by this rules prescribed in st. 44 SC RF.and has the difference from the concept of "terminated contract". Namely - on the basis of st. 167 GKThe transaction recognized as invalid is not legal responsibility from the very beginning of the conclusion of the agreement. The easiest way out of the situation is when there is mutual consent to terminate the marriage contract. Then the process of recognition as invalid will not cause special difficulties. The main thing is to issue a mutual agreement on termination of a marriage contract and assure it with a notary. We will consider problematic situations when there is no consent, and there is a desire to only one of the dissenter side.

An example of the agreement of spouses to terminate the marriage contract We have on the site.

There is a fundamental list of items, relying on which there is the possibility of challenging the married transaction, and as a result of recognition of its invalid:

The marriage is terminated by the court's conclusion or terminate the consent of the spouses.
The contract will re-read the points of the GC and the RF IC.

Civil law B. points of articles 165-181 describes the main conditions of the reality of transactions, the failure of which leads to exhaustive reasons to recognize any transaction invalid:

illegal content of the transaction;
in the case when the participants of the transaction do not have legal capacity, which is obligatory for the transaction;
the will of the transaction actors does not correspond to their true desires;
not executed by the law procedure established by law.

All of the listed situations of the invalidity of the transactions are applicable to the married agreement, it is worth only to add the concepts of the apiece (which is invalidated in court) and an insignificant transaction (regardless of court recognition). These concepts are described in Art. 166 GK. However, if one of the spouses disagree with the insignificance of the marriage contract, then the interested party will still have to apply to the court.

A marital agreement is considered negligible in the Civil Code in the presence of such vices:

does not meet the current legislation;
the document is not certified notarially ( st. 41 SC.);
at least one of the spouses (contract participants) is recognized as an incapable person;
the contract is recognized by an imaginary transaction or the one that was achieved to cover another transaction (a preliminary agreement) ( according to Art. 170 gq).

Family legislation also establishes additional conditions for recognizing the insignificance of the contract between the spouses:

the transaction creates the conditions for the property interest of spouses in a broken-water process and thus violates the beginning of the protection of the family;
the contract contains items that limit the legal capacity and the capacity of the husband or wife, as well as the right to appeal to courts;
the text of the contract made information on the rights to children;
at the points of the Agreement, equality between spouses, which put the subject of the contract in an unfavorable situation are violated;
the contract includes items that limit the rights of the needy spouse to acquire assistance in the form of alimony;
the agreement contains other items that contradict the basics of the RF IC ( articles 44. and 42 SC.).

You can recognize the marriage contract with an arbitrary transaction when its participant is:

spouse, limited in legal court decision;
a person who is not aware of the importance of his actions or is unable to lead at the time of signing the agreement;
the person under the influence of adverse circumstances described in article 178, 179 of the Civil Code of the Russian Federation (deception, threat, etc.).

So, if you decide to ensure the recognition of your marriage contract invalid, follow the sequences:

Decide whether you have the foundations from the above to address your contract.
Check if the term has expired to submit a claim. To recognize a negligible transaction, it is established for 3 years, and for an arbitrary - 1 year.
Prepare an application with an indication of the type of marriage transaction and attach a receipt for the payment of state duty.
Contact the court with statements and documents relating to the case (a marriage contract, documents on the basis of which you act, etc.).

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It is desirable to solve a judicial dispute in your favor to resort to the help of a qualified lawyer who will not only help correctly arrange a statement of claim, but also will provide legal support at all stages of court sessions.