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Publication date: 03.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The current legislation allows spouses to independently determine the legal regime of their property, establish the procedure for using it and other aspects that are extremely important for married life. All this becomes possible by concluding appropriate contracts, leading among which is the marriage contract, which is an agreement between spouses, as well as between persons who have already submitted an application for marriage registration on the settlement of property relations, rights and obligations during marriage. By its legal nature, a marriage contract is a deed and, accordingly, its regulation can be carried out not only by the Family Code, but also by civil legislation, in particular, regarding the invalidity of this contract. An invalid contract should be understood as one that will not create any legal consequences for the parties who concluded it, except for those related to its invalidity.
Features of declaring a marriage contract invalid:
A key aspect that should be paid attention to before filing a lawsuit is the existence of grounds for invalidating the contract. In addition to the reasons contained in the CCU, it is necessary to take into account those arising from the peculiarities of the marriage contract, namely: non-compliance with the notarial form, non-compliance of the content with the requirements of the law, improper subject composition, as well as conclusion of the contract under the influence of deception or mistakes . Each of the above grounds requires additional specifics. First, regarding the notarial form, in accordance with Art. 94 of the Civil Code establishes the form of a marriage contract, namely a written one with a mandatory notarization, and therefore, if the parties do not comply with this requirement of the law, this will cause legal consequences in the form of grounds for the invalidity of the contract concluded between them. The next of the reasons listed above is the inconsistency of the content with the requirements of the law, and this is a key point that the parties should pay attention to when formulating the provisions of the contract. The requirements for the content of the contract are contained in Art. 93 of the Civil Code and, in particular, they refer to the prohibition on the settlement of personal non-property relations, the reduction of the scope of the child's rights, and the marriage contract should not contain a provision according to which real estate or other property would be transferred to the ownership of one of the spouses. Improper composition of the subject should be understood as a requirement of the law, which refers to the conclusion of transactions by persons who have the necessary legal capacity. The contract should be concluded at the moment when a person with legal capacity can realize the meaning of his actions and manage them. And with regard to the conclusion of a contract under the influence of error, deception, or in the case of the use of violence against one of the parties, the civil law contains a requirement for the validity of transactions, which refers to the free will of both parties. Circumstances such as physical, mental pressure, deception, mistake exclude the will of a person and, accordingly, are grounds for invalidating the concluded contract. Either one of the spouses or third parties can initiate the annulment process if their rights and interests are violated by it. It is worth noting that the bride and groom can enter into a contract, but only spouses, i.e. the wife, or the husband, whose marriage is officially registered, can apply to the court for its invalidity. In particular, this is explained by the fact that the contract concluded between the bride and groom enters into force only from the moment of state registration.
The procedure for declaring a marriage contract invalid:
Analyzing the content of Art. 103 of the Civil Code, one can come to the conclusion that an appeal to the court is necessary to recognize the invalidity of the concluded marriage contract. These cases are considered in courts of general jurisdiction within the framework of legal proceedings. One of the spouses or a third party must file a lawsuit in which to indicate the name of the court, a brief summary of the circumstances, the content of the claims, the circumstances under which these claims are justified, and a list of evidence to be attached to the claim. The aspect of gathering evidence requires special attention, because the success of the case will depend on the extent to which the content of the claim will be confirmed by evidence, in particular the grounds of invalidity mentioned above. It is also worth considering that the statute of limitations does not apply in such a case, and therefore the plaintiff can apply for the protection of his right without limiting himself to any time limits.
Legal assistance on family matters:
Since this category of cases is quite complex, a family lawyer is absolutely necessary. The legal services in family matters may be necessary at any stage, starting with the collection of evidence, ending with the representation of interests during court hearings. So. The help of a family law lawyer is an indispensable tool for achieving success in court.
