Appealing and invalidating a marriage contract in Belarus
Conditions for concluding a marriage contract
As established by the CBS of the Republic of Belarus, a marriage contract can be concluded by both spouses and persons entering into marriage. The form of the Marriage Agreement is written, the document must be notarized without fail.
The conditions for concluding a marriage contract can be formulated as follows:
– persons entering into marriage, or spouses, must be fully capable citizens (understand the meaning of their actions and manage them), who have reached the age of 18 (except in cases of emancipation);
– the conclusion of the Marriage Agreement must be expressed in the form of free will of each of the parties (forced conclusion of the Marriage Agreement, including violence, threat, deceit, is not allowed);
– the persons concluding the Marriage Agreement must have the intention to fulfill its conditions, i.e. it is not allowed to conclude this agreement for other purposes (for example, to receive any benefits from the state).
The procedure for appealing the marriage contract
The appeal of the Marriage Agreement is carried out in court in the form of civil proceedings. At the same time, a statement of claim for the recognition of the Marriage Agreement as invalid is submitted by one of the spouses to the court at the place of residence of the defendant.
The statement of claim must indicate 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 proceedings and sends one copy of the statement of claim to the defendant. After that, a date and time for the trial is set.
To protect their rights in court, each of the parties to the Marriage Agreement has the right to use the services of a lawyer.
Based on the results of the court session, the court makes a decision to satisfy the claims, i.e. on the recognition of the Marriage Agreement as invalid, or on the refusal to satisfy the claim. After that, the court draws up a reasoning part of the decision, which is sent to each of the parties to the process.
Grounds for declaring the marriage contract invalid
A marriage contract is invalid if it is concluded with a legally incompetent person.
Under the legally incompetent citizen, the legislator, first of all, means a person suffering from a mental disorder and recognized legally incompetent. Even with a mental disorder confirmed by a medical diagnosis, a citizen can be fully capable. Therefore, incapacity in this case is understood only as a fact confirmed by a court decision.
A marriage contract may be declared invalid by a court under the following circumstances:
– if it is concluded with a person with limited legal capacity;
– if it is concluded with a minor between the ages of 14 and 18;
– if a person at the time of his imprisonment did not understand the meaning of his actions and could not manage them (for example, he was in a helpless state due to a serious illness);
– if the person did not intend to enter into a marriage contract (a “fictitious” contract was concluded);
– if it is concluded with the use of violence, threats, misrepresentation or deceit.
Thus, if a citizen discovers a violation of his rights after the conclusion of the Marriage Agreement, it is necessary to apply to the judicial authorities with evidence of the invalidity of the transaction, if desired, using the services of a family lawyer in Belarus.