Appeal and invalidation of a marriage contract in Belarus are regulated by the Law on Marriage and Family of the Republic of Belarus and other regulatory acts.
A marriage contract is a written agreement between the spouses, which regulates their property relations during marriage and in the event of its dissolution. It may contain conditions on the distribution of property, obligations of the parties, as well as other rules that the spouses consider important. In order for a marriage contract to be recognized as valid in Belarus, it must meet certain legal requirements, such as:
- written form,
- voluntary conclusion (no threat, deception or pressure on one of the parties),
- etc.
Appeal of the marriage contract
Spouses have the right to appeal the marriage contract in court if they believe that it was concluded in violation of the law or contrary to their interests. The appeal may be based on various grounds, including the invalidity of certain terms of the contract. A marriage contract may be declared invalid if it violates the rights and interests of one of the parties, children, or third parties.
For example, it is not allowed to conclude a marriage contract with:
- a minor (exception — emancipation),
- with an incapacitated person,
- is prohibited from entering into a marriage contract by deception, deception, violence, concealment of true intentions and other illegal means.
In this case, the court may decide that the entire contract or its individual terms are invalid.
Consequences of invalidation
A marriage contract may be declared invalid by a court or be invalid regardless of such recognition (void transaction).
A marriage contract is void if its content contradicts the law.:
- it is aimed at establishing the rights and obligations of spouses prohibited by marriage and family or civil legislation, if it is imaginary or fake.
At the same time, such a contract should be considered imaginary, which is made for the sake of appearance, without the intention of creating legal consequences corresponding to it.
For example, some conclude a prenuptial agreement in order to hide their property or so that they cannot be foreclosed on.
Or a prenuptial agreement may be of a fake nature when it is concluded in order to cover up some kind of deal that the parties really had in mind. For example, in order to avoid paying income tax, the parties covered the apartment purchase and sale agreement through a Marriage contract and a change in the ownership regime for certain types of property.
Appeal and invalidation of a marriage contract in Belarus with the participation of a foreign citizen
Appealing and invalidating a marriage contract in Belarus with the participation of a foreign citizen may have special features and require additional steps. Here’s what to consider:
- Applicability of international norms and treaties: When considering a marriage contract with a foreign citizen, it is important to take into account the applicability of international norms and treaties, such as the Hague Convention on the Law Applicable to Marriage Contracts (if Belarus is a party to such a convention).
- Legal competence: It is important to determine which norms and laws will be applied to the marriage contract — Belarusian or the laws of the country of a foreign citizen. This may depend on the place of marriage registration and the desire of the parties.
- Language of the contract: If one of the parties does not speak the Belarusian language, then the marriage contract can be drawn up in another language, but its translation into Belarusian and legalization in accordance with the legislation of Belarus is required.
- Consultation with a lawyer: It makes sense to consult with a lawyer or a lawyer specializing in international and family legal issues in order to ensure compliance with all necessary formalities and protect interests in court.
- Appeal in court: If the parties believe that the marriage contract was concluded in violation of the law or their interests, they can file a lawsuit to appeal it and invalidate it. It is important to comply with the procedural deadlines and requirements when filing a claim.
- Division of property: If the marriage contract is declared invalid, the court will decide on the division of property in accordance with the legislation of Belarus or international norms applicable to this situation.
- Consideration of the interests of a foreign citizen: When resolving disputes related to a marriage contract, the court takes into account the interests of a foreign citizen and may involve experts or translators to ensure the fairness of the process.
Procedure for appealing a marriage contract
The appeal of the Marriage contract is carried out in court. It is necessary to file a statement of claim for invalidation of the marriage contract. The application is submitted by one of the spouses to the court at the defendant’s place of residence.
The statement of claim specifies:
- the name of the court,
- the data of the plaintiff and the defendant,
- the subject of the claim, the facts that confirm the claims.
The court initiates the claim proceedings and after that a trial is scheduled.
To protect their rights at the court session, each of the parties to the Marriage contract has the right to use the services of a lawyer.
Following the results of the court session, the court makes a decision on the satisfaction of the claims, i.e. on the recognition of the Marriage contract as invalid, or on the refusal to satisfy the claim. After that, the court draws up the reasoning part of the decision, which it sends to each of the parties to the process.
It is important to remember that the process of appealing and invalidating a marriage contract with the participation of a foreign citizen can be complicated and depends on many factors. Therefore, it is recommended to get professional legal support and advice to ensure compliance with all requirements of the law and protection of their interests.
Contact us
If you have any questions about appeal and invalidation of a marriage contract in Belarus — we will be happy to help you! Our many years of experience in this field will help you in resolving any situations and disputes.
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