Application for recognition of the marriage contract as invalid. Statement of claim for the recognition of the marriage contract as invalid (sample). Valid or invalid

Recognition of a marriage contract as invalid is possible in several ways. First I want to say that the marriage contract can be terminated or invalidated. Everything will depend on your desire, and most importantly on the goal that you are pursuing by terminating the marriage contract. A marriage contract, like any other contract, has its own conditions, and in case of violation of the terms of the marriage contract, it can be terminated unilaterally and the party that violates the terms of the marriage contract should be prepared that penalties will be applied to it, which are prescribed in the conditions contracts.

How to invalidate a marriage contract

Article 44 family code a marriage contract may be declared invalid by the court in whole or in part on the grounds provided for by the Civil Code Russian Federation for the invalidity of transactions.
The court may also invalidate the marriage contract in whole or in part at the request of one of the spouses, if the terms of the contract put this spouse in an extremely unfavorable position. Conditions of the marriage contract that violate other requirements article 42, paragraph 3 of this Code are void.

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What will invalidate the marriage contract to one of the spouses?

Firstly, these are material benefits, which is the most basic, since many married couples prescribe a certain clause in the marriage contract. If this clause (condition) is violated, for example, the betrayal of one of the spouses, then during the divorce, the culprit is left without everything.

Recognition of the marriage contract as invalid, as we already understood from the text above, is possible through the court. To apply to the court, you must draw up a statement of claim for the recognition of the marriage contract in full (partially) invalid, a sample of which can be downloaded below and changed to suit your needs and conditions.
What are the pros and cons of a prenuptial agreement (contract) we will consider in the next article.

Statement of claim for the recognition of the marriage contract in full (partially) invalid

To court
Plaintiff: __________________
Address: __________________
Respondent: _______________
Address: __________________

Statement of claim
On the recognition of the marriage contract in full (partially) invalid

The defendant entered into marriage "__" __________ _____. The marriage contract on our property relations was concluded and certified by a notary "__" ________ _____.
In accordance with the marriage contract _____________________________________
In accordance with Art. 44 RF IC,

Recognize marriage contract, concluded "__" __________ _____. between __________________________________________ invalid in part _________.

Application:

1. Marriage certificate
2. Marriage contract
3. Evidence on the merits of the claim.
4. State duty in the amount of _______________ rub.

"__" ___________ 201_ ______________

All the best!

Sincerely


The form of the document "Statement of claim for the recognition of the marriage contract as invalid" refers to the heading "Statement of claim". Save the link to the document on social networks or download it to your computer.

To the justice of the peace of the court district No. ____
_____________________________________

Claimant: ________________________
Address: ________________________

Respondent: ________________________________________________________________________________

STATEMENT OF CLAIM
on the recognition of the marriage contract completely invalid

I, _____________________, entered into a lawful marriage with ________________ , the Defendant in this action of ___________.
From this marriage there is a child, __________________, ______ year of birth.
During the marriage, ___ apartment was purchased, located at: ______________________________________________.
During the period of marriage, a joint household was conducted, with a common family budget.
The marriage contract on our property relations was concluded in __________ and certified by a notary in ____________.
At the time of the conclusion of the marriage contract, namely _____ year, I was after difficult childbirth with complications accompanying postpartum depression (increased psychoexcitability and inadequate perception), which is confirmed by medical documents. I misunderstood the meaning of the agreement, in connection with which I believe that my will did not correspond to my actual will. Under the threat of a divorce and with the condition that the purchase of this apartment would not be carried out if a marriage contract was not drawn up on his requirements, I agreed to sign the agreement.
In accordance with the marriage contract ________________________________________________________________________________________________________________________________________________________________________________________________________________. Also, the following persons can confirm the facts set forth in the statement of claim:
________________________________________________________________________________________________________________________________________________________________________________________________, whom I ask to be summoned to the court session.

In accordance with Art. Art. 42 and 44 of the RF IC, guided by Art. Art. 23,
131, 132 Code of Civil Procedure of the Russian Federation,
I BEG:
Recognize the marriage contract concluded on _________ between ______________________ and ___________________________ as completely invalid.

Applications:
1. Marriage certificate (copy).
2. Marriage contract (original).
3. Evidence on the merits of the claim.
4. Receipt of payment of the state duty.
5. Copy of the statement of claim.

" " _______________G. ____________/____________/



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A marriage contract may be invalid for various reasons: as a void or as a voidable transaction (Article 166 of the Civil Code of the Russian Federation). The marriage contract is declared invalid if the court found invalid marriage spouses (clause 2, article 30 of the RF IC).

To invalidate a marriage contract, we recommend that you adhere to the following algorithm.

Step 1. Determine if there are grounds for invalidating the marriage contract.

A prenuptial agreement is void (in whole or in part), in particular if:

- it is not certified by a notary (Article 41 of the RF IC);

- concluded by a person recognized as incompetent (Article 171 of the Civil Code of the Russian Federation);

- concluded in order to cover up another transaction (sham transaction) or without the intention to create legal consequences that a marriage contract entails (sham transaction) (Article 170 of the Civil Code of the Russian Federation);

- contains conditions that restrict the legal capacity or legal capacity of spouses, the right to apply to the court, the right of a disabled needy spouse to receive maintenance or regulate relations that cannot be the subject of a marriage contract, for example, personal non-property relations of spouses, their rights and obligations in relation to children 3 article 42, paragraph 2 article 44 of the RF IC).

A marriage contract is a voidable transaction if it is concluded:

- a person who is limited by the court in capacity (Article 176 of the Civil Code of the Russian Federation);

- by a person who, at the time of the conclusion of the contract, was not able to understand the meaning of his actions or manage them (Article 177 of the Civil Code of the Russian Federation);

- under the influence of delusion, deceit, violence, threat or adverse circumstances (Article 178 of the Civil Code of the Russian Federation);

- with conditions that put one of the spouses in an extremely unfavorable position (clause 2, article 44 of the RF IC).

Step 2: Check if the statute of limitations has expired.

To do this, it is necessary to determine the limitation period for invalid transactions (Article 181 of the Civil Code of the Russian Federation).

The limitation period for claims to apply the consequences of the invalidity of a void transaction and to declare such a transaction invalid (Clause 3, Article 166 of the Civil Code of the Russian Federation) is three years. The limitation period for the specified claims begins from the day when the execution of a void transaction began, and in the event of a claim being filed by a person who is not a party to the transaction, from the day when this person knew or should have known about the beginning of its execution. At the same time, the limitation period for a person who is not a party to the transaction, in any case, cannot exceed ten years from the date of commencement of the execution of the transaction.

The limitation period for a claim to recognize a voidable transaction as invalid and to apply the consequences of its invalidity is one year. The running of the limitation period for the specified claim begins from the day the violence or threat ceases, under the influence of which the transaction was made (Clause 1, Article 179 of the Civil Code of the Russian Federation), or from the day when the plaintiff learned or should have learned about other circumstances that are the basis for declaring the transaction invalid.

Note. The statement of claim is accepted by the court for consideration, regardless of the expiration of the limitation period. However, if before the court makes a decision, the party to the dispute declares the expiration of the limitation period, the court will refuse to satisfy the claim (clauses 1, 2, article 199 of the Civil Code of the Russian Federation).

Step 3. Prepare a statement of claim, depending on which transaction (void or voidable) the prenuptial agreement is.

The requirement to recognize the marriage contract as void due to contestability may be presented by the party to the transaction or by another person specified in the law. A voidable transaction may be declared invalid if it violates the rights or legally protected interests of the person disputing the transaction, including if it has adverse consequences for him (clause 2, article 166 of the Civil Code of the Russian Federation).

A party to the transaction, and in the cases provided for by law also another person, has the right to demand the application of the consequences of the invalidity of a void transaction. The requirement to invalidate a void transaction, regardless of the application of the consequences of its invalidity, can be satisfied if the person making such a request has a legally protected interest in recognizing this transaction as invalid (Clause 3, Article 166 of the Civil Code of the Russian Federation).

The court has the right to apply the consequences of the invalidity of a void transaction on its own initiative, if it is necessary to protect public interests, and in other cases provided for by law. Declaration of invalidity of the transaction has no legal value if the person referring to the invalidity of the transaction acts in bad faith, in particular if his behavior after the conclusion of the transaction gave reason to other persons to rely on the validity of the transaction (clauses 4, 5 of article 166 of the Civil Code of the Russian Federation).

So, in case of contesting the marriage contract, as committed by a citizen, limited by the court in capacity, the trustee may bring a claim.

When challenging the marriage contract under Art. 177 of the Civil Code of the Russian Federation, as committed by a citizen who is unable to understand the meaning of his actions or manage them, can be challenged by both the spouse himself and other persons whose rights or legally protected interests are violated as a result of its commission.

If the marriage contract is disputed in connection with the conclusion under the influence of error (Article 178 of the Civil Code of the Russian Federation), it may be declared invalid by the court at the claim of the party that acted under the influence of error, if the error was so significant that this party, reasonably and objectively assessing the situation, would not have made a deal if she had known about the actual state of affairs.

A marriage contract made under the influence of violence, threat or deceit may be declared invalid by the court at the claim of the victim (Article 179 of the Civil Code of the Russian Federation).

The marriage contract in connection with the conclusion on extremely unfavorable conditions is disputed at the claim of the victim.

Step 4. Pay the state duty and attach the receipt to the statement of claim (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation).

Details for paying the state duty can be found in the court at the place of the dispute or found on the website of the relevant court. The amount of the fee for challenging the marriage contract is 300 rubles. If, in addition to contesting the marriage contract, claims are made for the division of property of the spouses, then in addition to the fee in the amount of 300 rubles. a state duty is paid for a property claim, depending on the price of the claim, in the following amount: up to 20,000 rubles. - 4 percent of the price of the claim, but not less than 400 rubles; from 20 001 rub. up to 100,000 rubles - 800 rubles. plus 3 percent of the amount exceeding 20,000 rubles; from 100 001 rub. up to 200,000 rubles — 3200 rub. plus 2 percent of the amount exceeding 100,000 rubles; from 200 001 rub. up to 1,000,000 rubles — 5200 rub. plus 1 percent of the amount exceeding 200,000 rubles; over 1,000,000 rubles. — 13,200 rubles. plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

Step 5. Submit a statement of claim and the following documents to the court:

- a copy of the statement of claim for the defendant and a third party - a notary who certified the marriage contract;

- receipt of payment of state duty;

- a power of attorney or other document certifying the authority of your representative;

- three copies of the marriage certificate;

- three copies of the marriage contract;

- copies of documents confirming the circumstances on which you base your claims, as well as their copies for the defendant and a third party (Article 132 of the Code of Civil Procedure of the Russian Federation).

The statement of claim is filed with the Magistrate's Court at the place of residence of the defendant (clause 4, part 1, article 23, article 28 of the Code of Civil Procedure of the Russian Federation). If at the same time claims are filed for the division of property of the spouses (as a rule, this is the case), then a lawsuit is filed with the Magistrate's Court when the jointly acquired property is divided between the spouses at a claim value not exceeding 50,000 rubles; if the amount of claims is higher, then the claim is brought in district court(clause 3, part 1, article 23 of the Code of Civil Procedure of the Russian Federation). Territorial jurisdiction may become exclusive in the case of claims for the division of real estate. In this case, a lawsuit is filed with the court at the location of the real estate or one of the real estate objects (part 1 of article 30 of the Code of Civil Procedure of the Russian Federation).

Step 6. Take part in court hearings and receive a certified copy of the court decision.

Depending on the rules of jurisdiction, the total period for considering a case and making a decision is a month in a magistrate's court or two months in a district court from the date the application is received by the court (Article 154 of the Code of Civil Procedure of the Russian Federation). In practice, deadlines are rarely met due to the workload of the courts.

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In most cases, a step like this is taken by conscious people who have a specific goal and are aware of the legal consequences of this document. Of course, this step requires the mutual consent of the man and the woman, which is guaranteed by the obligatory procedure of notarial conclusion of the contract.

However, situations where the marriage contract is invalid are not uncommon.

Valid or invalid?

Paragraph 1 of Article 44 of the RF IC establishes that a marriage contract is a civil law contract that can be declared invalid through a court.

Before we start listing these grounds, let's first consider the conditions under which a transaction is valid:

  • the content of the document does not contradict the law;
  • the parties to the agreement are capable;
  • the conclusion of the contract is the actual expression of the will of the participants;
  • statutory form of contract.

The above conditions also apply to the marriage contract. In some cases, it may turn out that the concluded contract does not comply with the law and violates one of these conditions.

Grounds for declaring a marriage contract invalid

If in the process of registration violations of the requirements of the law were made, the contract may be declared invalid in the following cases:

  1. lack of notarization of the document (Article 41 of the UK);
  2. conclusion of a marriage contract with a legally incompetent person (Article 171 of the Civil Code);
  3. The document contains conditions that:
  • restrict rights and freedoms, discriminate against spouses;
  • prohibit to go to court for the protection of their rights and freedoms;
  • deprive the disabled spouse of the right to maintenance;
  • determine the order of upbringing of children;
  • regulate personal, non-material, family relations (paragraph 3 of article 42, paragraph 2 of article 44 of the UK).
  1. prenuptial agreement - a sham deal concluded in order to hide another deal;
  2. a marriage contract is an imaginary deal concluded without the intention to achieve the legal consequences that a real contract entails (Article 170 of the Civil Code).

Such a contract is a void transaction that does not entail any legal consequences. And if under the contract there has already been a transfer or acceptance of property, the exercise of rights and the fulfillment of obligations, mutual restitution occurs - a return to the original position.

It is also possible that not the entire marriage contract, but only some of its provisions contradict the requirements of the law (for example, in addition to property and financial rights and obligations, this document provides for the personal rights and obligations of husband and wife). In this case, the court may remove the invalid terms from the contract, and leave the entire contract in force.

Void or contested prenuptial agreement?

A contract concluded contrary to the requirements of the law listed above is void. For example, if it is concluded in writing without a notarization, it is void, regardless of whether the spouses know about it or not, whether they recognize it or not. And his recognition as such, including in court, is not required. Another thing is the invalidation of the consequences of a void contract if the spouses exercised the rights and obligations provided for by such an agreement. It happens through the court.

A voidable marriage contract is a document that can be declared invalid by a court decision, if there are legal grounds for this. You can read more about contesting.

The procedure for invalidating a marriage contract and its consequences

You need to go to court. Consider step by step plan what is required for this.

Step 1. Determine if there are legal grounds for going to court

Once again, we briefly list all the circumstances that make the concluded marriage contract void or contested.

So, a marriage contract is void (in whole or in part) if:

  • not notarized;
  • concluded with an incapacitated person;
  • concluded feignedly, for the sake of concealing another deal;
  • imaginary, concluded without the intention to receive the consequences of a real deal;
  • restricts the legal rights and freedoms of one or both spouses;
  • contains conditions that should not contain.

In addition, there are grounds for recognizing the contract as invalid through the court by challenging:

  • the contract is concluded with a person with limited legal capacity;
  • at the time of the conclusion of the contract, one of the participants did not understand and did not control their actions;
  • for the sake of concluding an agreement, violence, threats, deceit were used;
  • one of the parties to the contract was in error or in unfavorable circumstances that the other party took advantage of.

Step 2: Check the statute of limitations

Before starting a lawsuit, you need to make sure that the statute of limitations has not yet passed.

As a rule, the statute of limitations does not apply to family disputes, but since in this case property and financial aspects are involved family relations The law provides for statute of limitations for certain disputes.

In particular:

  • one year– to invalidate the voidable contract and its consequences. The limitation period starts counting from the moment when it became known (or should have become known) about the grounds for contesting the marriage contract. Or from the moment when the circumstances under the influence of which the contract was concluded (for example, violence) ceased.
  • three years- to invalidate a void contract and its consequences. The limitation period begins from the moment when the terms of the void contract began to be fulfilled. And if a third party who is not a party to the agreement applies to the court - from the moment when it became known about the fulfillment of its conditions. By the way, for such a person, the statute of limitations is ten years!

Remarkable! The court will accept the claim even if the statute of limitations has passed! But if one of the parties declares in court that the deadline has been missed before the court decision is made, the court will refuse to satisfy the claims.

Step 3. Prepare a statement of claim for the recognition of the marriage contract as invalid

To achieve recognition of invalidity, you need to file an appropriate statement of claim with the court. It must fully comply with the requirements of the procedural legislation.

The claim must contain the following information:

  • Name, address of the court to which the claim is filed;
  • information about the plaintiff (full name, date of birth, address of registration and residence, contact phone number);
  • information about the defendant (full name, date of birth, address of registration and residence);
  • the price of the claim, if the claims are of a material nature (or justification of the intangible nature of the claims);
  • description of the circumstances of the case (when the marriage was registered, when the marriage contract was concluded, how the document violates or restricts the rights of the plaintiff, contradicts the law);
  • evidence of the above circumstances;
  • a reference to the norms of legislation confirming the position of the plaintiff;
  • requirement for the court to recognize the invalidity of the marriage contract (in part or in full);
  • application list.

By the way, the requirement to recognize the invalidity of the marriage contract can be considered by the court not in a separate legal proceeding, but simultaneously with a divorce suit, unless, of course, they are interconnected.

Step 4. Prepare documents

  • Copies of the claim- for each of the participants in the process, as well as for the court and for the notary who certified the marriage contract;
  • Power of attorney, if the interests of the plaintiff will be represented by a trustee;
  • Marriage certificate parties to the marriage contract;
  • Marriage contract;
  • Other documents referred to by the plaintiff (for example, documents on the ownership of property, documents on completed transactions with property, receipts, receipts, checks).

Step 5. Pay the state fee and attach the receipt to the claim

In addition to the documents listed above, a receipt for payment of the state duty must be attached to the claim. The amount of the state duty for contesting a marriage contract is 300 rubles. If, in addition to the requirement to invalidate the marriage contract, claims are made for the division of property (or other requirements of a material nature), the amount of the state duty is calculated according to a special formula based on the value of the claim.

Details for paying the state fee can be found in the court where the claim will be filed.

Step 6. File a lawsuit

The claim is filed at the place of residence of the defendant, except in cases where, for valid reasons, the plaintiff has the right to file a claim at his own place of residence. In some cases, a claim may be filed at the location of the disputed property.

If at the same time claims of a material nature are made (for example, on the division of property), a claim is filed

  • to the Magistrate's Court - if the value of the claim is up to 50,000 rubles;
  • to the district court - if the value of the claim exceeds 50,000 rubles.

Step 7. Take part in the court session, get a court decision

The first court session after the appeal will take place no earlier than one month. It is impossible to determine in advance the general term for the consideration of the case - it depends on the circumstances.

As a result of consideration of the case, the court makes a decision. If the court decision satisfies the plaintiff's requirements, both the marriage contract itself and its consequences are declared invalid.

Consequences of recognizing the invalidity of the contract

If the court recognizes the marriage contract as invalid, this will inevitably entail certain consequences. All actions that were taken in connection with the contract are also invalidated. Spouses are obliged to restore the state of affairs that took place before the conclusion of the contract. We are talking about any transactions with property or money. Everything that was transferred or received by the spouses under the marriage contract must be returned to the previous owner.