Is it possible to challenge a prenuptial agreement after a divorce? Legal practice

In the modern world there are a huge number of marriages which, unfortunately, according to statistics, have an extremely low chance of lasting for a long period of time. An alarming percentage of marriages end in divorce, and this has its impact on how exactly the union of hearts occurs in an eternal union. Nowadays, more and more people are trying to ensure their security in later life by concluding prenuptial agreements. This way they can guarantee themselves that in the event of a divorce they will not be left with nothing. What is a prenuptial agreement? And most importantly, is it possible to challenge a marriage contract? This is exactly what this article will discuss. After all, the terms of a marriage contract do not always turn out to be satisfactory for one of the parties after a certain period of time. That is why there is a judicial possibility of challenging a marriage contract if there are appropriate circumstances and reasons. How to do it? What is needed for this? When can this be done? This is exactly what you will learn from this article, which describes in detail whether it is possible to challenge a marriage contract, how to do this and what is the statute of limitations for the decision, as well as many other aspects.

Marriage contract

Before we talk about whether a prenuptial agreement can be challenged, it is necessary to consider what it is. A prenuptial agreement is a bilateral agreement between two people who are getting married. This agreement specifies all the conditions of this union, and most importantly, the conditions for the possible division of property and other details that relate to a potential divorce. In this way, you can provide yourself with a kind of “safety cushion” in case your marriage does not stand the test of time.

But it is worth noting that the conditions that are prescribed in the marriage contract may contradict the law or infringe the rights of one of the participants. Accordingly, in such a situation a conflict is brewing, which can be resolved through the courts. So if you were interested in the answer to the question of whether it is possible to challenge a marriage contract, then the answer is one hundred percent affirmative. All that remains is to figure out exactly how to do this, and this article will help you with this.

What is a marriage contract and why is it needed?

The opportunity to change the regime of common property of spouses through the signing of a marriage contract was provided to citizens more than 20 years ago in the first edition of the Family Code, introduced in 1996. These rules regarding prenuptial agreements remain unchanged in 2021.

A prenuptial agreement allows you to determine the procedure for dividing property that the spouses currently own (which was purchased during the marriage) and will acquire in the future. But it is possible that one of the spouses will change his mind and declare a desire to reconsider previously reached agreements. In some cases, the law will be on his side.

The vast majority of prenuptial agreements are signed by parties who have something to lose in a divorce or who have previously experienced an unfair division of property. By default, all property purchased during marriage is subject to division in equal shares. According to the marriage contract, property can be divided between the parties in other proportions: 70/30 or 90/10.

You can divide property into separate objects: for example, a car - for the husband, a dacha - for the wife. It is also possible to recognize property purchased with the money of one of the parties as not subject to division.

Based on paragraph 1 of Art. 44 of the Family Code, a marriage contract is a civil contract that can be declared invalid in court . The following conditions make a marriage contract valid:

1. The contents of the document do not contradict current legislation.
2. Both parties to the agreement are legally capable.
3. The conclusion of the agreement took place according to the personal will of the participants.
4. Mandatory notarial form of the agreement.

Notarization of prenuptial agreements is necessary for several reasons. Firstly, the notary checks the spouses for sanity. Secondly, he explains to them the consequences of signing a prenuptial agreement and what they are signing up for.

Challenging the marriage contract

So, it's time to learn how to challenge a prenuptial agreement. Judicial practice shows that very often people go to court unprepared when they simply do not like a certain point. Naturally, in this case they lose the case, since contestation is not simply the unwillingness of one of the parties to the contracts to comply with a clause that he does not like. A challenge is a serious legal process that requires you to provide evidence as strong as possible to allow the court to make a decision in your favor. Accordingly, until the court declares your contract invalid, it is considered valid, which means that you are obliged to comply with its terms. So you can't just say, "I don't like this item, I won't do it," because that will have serious consequences. Everything must be resolved through the court, having prepared for this very seriously.

But it is worth noting that challenging is not an obligation, but only an opportunity, therefore this article deals with those cases when one of the parties is not satisfied with the terms of the marriage contract. If both parties are satisfied with the provisions of the agreement, then its terms are simply fulfilled, and the parties part ways with the world.

Arbitrage practice

Judicial practice indicates different grounds for declaring a contract invalid. For example, the court takes the side of the spouse whom the marriage contract has placed in unfavorable conditions. According to the explanations of the Resolution of the Plenum of the Supreme Court of 1998 No. 15 (clause 15), an unfavorable situation in this case is, for example, when one of the spouses is completely deprived of property rights.

When can a contract be invalidated due to a deterioration in the status of one of the parties?

One of the aggrieved parties appealed to the Constitutional Court due to the fact that the wording used in the Family Code for declaring a marriage contract invalid (“terms of the contract that place one of the spouses in an extremely unfavorable position”) is subjective and vague. But, according to the Constitutional Court of 2011 No. 779-О-О, the court considered the plaintiff’s arguments unfounded. The court pointed out that the deterioration of property status can be understood as a variety of circumstances, which makes it impossible to list all the circumstances within the framework of one law.

Therefore, assessing the fact of what exactly is considered an extremely unfavorable position of the former spouse after applying the norms of the marriage contract is the exclusive competence of the court. But this situation clearly includes deprivation of all property acquired during marriage.

For example, if spouses agree in a marriage contract on the division of property according to the principle “whoever bought it, remains in that property,” the interests of minor children may be infringed . Then the court is more likely to take the position of the plaintiff. An example of such a decision could be the ruling of the Moscow City Court dated October 24, 2021 in case No. 33-43968/2018. As a result of the divorce, the wife and three minor children were left with only 1/5 of the acquired property, although the spouses bore joint expenses for the purchase of property.

New law on providing a child with housing when parents divorce

In itself, an unequal division of property, according to the court, will not be a basis for invalidating a marriage contract. For example, if, under the terms of the contract, the wife received an apartment, and the husband received a car, then the spouse’s claim will most likely be denied, despite the fact that the apartment is obviously more expensive (for example, the Supreme Court’s ruling of 2021 No. 18-КГ16-10) .

It is unlikely that the marriage contract will be declared invalid if the injured party still has common property that was not included in the marriage contract (appeal ruling of the Moscow City Court dated January 16, 2021 in case No. 33-1182).

According to another decision of the Presidium of the Supreme Court of the Republic of Sakha (Yakutia) dated December 21, 2021, in case No. 4G-1114/2018, the court took the side of the ex-spouse. So, after the divorce, the ex-husband had no share in the apartment at all, which became the only joint property.

But there is also a diametrically opposite practice. The court may decide to dismiss the claim, in which case the only acquired property in the marriage will pass to one of the parties without compensation . For example, the only apartment became the property of one of the spouses under a marriage contract (appeal ruling of the St. Petersburg City Court dated January 16, 2021 No. 33-681/2018). According to another statement of claim, the court refused to satisfy the claim, even when the apartment passed in favor of the ex-husband, although it was purchased by the wife before marriage (appeal ruling of the St. Petersburg City Court dated September 12, 2017 No. 33-18893/2017).

The court may side with the plaintiff if there was clearly dishonest behavior by one of the spouses . For example, if, according to a marriage contract, an apartment paid for from the husband’s funds becomes completely the property of the wife with the subsequent eviction of the husband, and for the husband it is the only suitable place to live.

Is it possible to refuse alimony for a former spouse under a prenuptial agreement?

When signing a marriage contract, alimony may be established for the spouse. Judicial practice on the issue of invalidating such a provision in the context of a sharp decline in the spouse’s income is ambiguous.

Thus, in the appeal ruling of the Vyborg City Court of the Leningrad Region dated October 3, 2021 in case No. 2-6817-20, the court declared part of the marriage contract regarding alimony payments to the ex-wife invalid, since the husband as a result found himself in an extremely disadvantageous position : he had children in a new marriage, and he had to pay child support.

Void and contested contract

But you should know a little more detail before you can challenge a prenuptial agreement. Practical experience shows that people who were thoroughly familiar with the theory in practice had a much greater chance of winning a case in court and protecting their rights. This is why you should pay attention to, for example, a void prenuptial agreement. This term is often found in thematic literature, but how does such an agreement differ from the disputed one? The fact is that the disputed contract, which is the topic of this article, has certain conditions that may have been violated, which gives rise to challenge, and the court can decide whether these violations are sufficient to invalidate the contract. If we are talking about a void agreement, then it is worth understanding that such an agreement was invalid from the beginning. It is considered void under certain conditions, which will be discussed below.

How to challenge a valid mutual agreement between spouses?

These powers are available only to the court, so it is necessary to carefully study the document and identify its weaknesses in order to clearly state your claims for its cancellation.

What are the grounds for challenging a contract in court?

However, you can appeal the concluded marital agreement either in full or in a specific part.

Those specified terms of the contract that directly violate both the legal rights of the spouse and the interests relating to his person or common young children subject to protection on constitutional grounds may be recognized as an invalid part:

• If, according to the contract, one of the spouses is prohibited from communicating and raising a common child in the future;
• In case of specifying obviously illegal terms of the contract aimed at committing a crime. For example, illegal enrichment of one of the couple, and the proceeds are transferred to the other;
• Failure to comply with the notarial form of document execution may lead to its cancellation or invalidity;
• Establishment in court of incapacity due to temporary or chronic mental disorder, which led to the inability to fulfill one’s direct civil rights and obligations.

Such conditions are recognized by the courts as invalid and lead to the cancellation of the contract.

Also, the courts recognize the shamness of concluded agreements as an important circumstance for cancellation. For example, if a spouse transfers all rights to acquired property to his wife in order to prevent creditors from being able to claim his share in the future to pay off debts.

Minor circumstances that may serve as grounds for its cancellation include the following prescribed conditions:

• Prohibition on applying to a judicial authority to restore one’s legal rights and freedoms;
• Establishing restrictions on freedom of movement, expressing one’s personal opinion, etc.;
• Refusal to provide financial support to the other spouse in case of loss of ability to work;
• Regulating the procedure for raising common children that contradict generally accepted norms;
• Identified discriminatory circumstances of the contract, for example, a ban on the fulfillment of one’s spiritual needs.

Anything related to a violation of current legislation can be challenged, therefore these agreements are voidable.

What makes a contract void?

Firstly, if this agreement was concluded, but not certified by a notary, then it has no legal force. Secondly, the contract cannot be concluded with the participation of an incapacitated person. Thirdly, the conditions specified in the contract cannot limit the freedoms and violate the legal rights of one of the participants. Fourthly, concluded imaginary agreements do not have legal force, since in principle they cannot be considered as any document. Well, fifthly, the contract should not contain conditions that cannot be there by law. If at least one of these points is present in your case, then your contract is void, and you do not need to challenge it in court, since it had no legal force from the very beginning. If you have already begun to fulfill certain conditions, then you can go to court to invalidate all the consequences of fulfilling the terms of the contract. But now a very important question arises: in what case can a contract be challenged?

Consequences of the procedure

Recognition of a marriage contract as invalid indicates that the contract is a void transaction that has no civil legal consequences. If, under the agreement, there is a transfer or acceptance of property, then the parties return to the starting point (mutual restitution of obligations occurs). For example, if, according to the contract, an apartment was transferred in favor of the other spouse, then it returns to the possession of the original owner.

If it is not the entire marriage contract that contradicts the requirements of the law, but its individual provisions, then the court can remove the invalid terms from the contract and keep the marriage contract itself in force.

For example, if, in addition to the property and financial rights and obligations of the parties, the contract specifies the personal rights and obligations of the husband or wife, then the latter are removed from the text of the contract.

Grounds for challenging the contract

So, it’s time to figure out on what grounds you can challenge a marriage contract in court. There are quite a few such conditions, so you should study them carefully before forming your position.

Firstly, challenging a marriage contract becomes possible if you were in some degree of incapacity at the time of its conclusion. This includes alcohol or drug intoxication, bouts of illness, high levels of stress, and so on. Accordingly, you can challenge a prenuptial agreement signed during pregnancy, since at this moment many women go through serious stress, and their health may not be the best.

Secondly, it is impossible to conclude a marriage contract with incapacitated persons in the absence of a guardian. These are most often persons whose legal capacity is partially limited due to their illnesses or conditions. This also includes, for example, alcohol addiction. In this case, when signing the marriage contract, the person’s guardian must be present, who must familiarize himself with the terms of the contract and give his permission to sign it.

Thirdly, a marriage contract can be challenged if one party was misled by the terms of the deal, that is, had no idea what exactly is meant by any of the clauses, as well as the legal consequences of fulfilling this clause. Naturally, this is a rather controversial point, because many people try to simply pretend that they did not understand anything, but you should remember the famous expression: ignorance of the law is no excuse, so you will have to prepare a serious evidence base to convince the court of your rightness.

Fourthly, a marriage contract can be challenged if physical or psychological violence was used against you to conclude it. In this case, it plays absolutely no role who exactly used violence: the second party to the contract or third parties.

Fifthly, you have every right to challenge the contract if you were in an unfavorable position, and the other party to the contract took advantage of this to force you to enter into it.

And finally, there is a clause according to which you can try to challenge the marriage contract in court if you think that its terms put you in an extremely unfavorable position. This is a rather controversial point because any person who sues will definitely consider the terms of the contract affecting him to be unfavorable. Therefore, you will have to provide a lot of evidence to convince the court that you will indeed find yourself in an unfavorable situation, and the reason for this will indeed be the terms of the contract.

Grounds for invalidating a contract

When declaring a marriage contract invalid, the parties may rely on the grounds given in the Family Code or the Civil Code. There are general and special grounds for invalidating a marriage contract.

It is also worth considering that some grounds for invalidating civil contracts do not apply to marriage contracts . For example, a contract that is signed by a person under 14 years of age is considered invalid, but such a person cannot get married and sign a contract.

Based on Art. 41 of the Family Code, a marriage contract is subject to mandatory notarization, therefore the absence of a notary’s participation indicates the invalidity of the contract.

Other grounds for invalidating a contract may be:

1. Signing an agreement with an incapacitated person on the basis of Art. 171 of the Civil Code or with a person with limited legal capacity. If the fact of incapacity occurred at the time of signing the marriage, then the marriage itself is declared invalid.
2. The agreement was signed at a time when one of the spouses was legally capable, but could not understand the consequences in the state in which he was (for example, he was in a sick state, in a state of intoxication, etc.).
3. The contract contains some conditions that are unacceptable under Russian law: for example, they limit rights and freedoms, discriminate against spouses; make it inadmissible to apply to the courts for the protection of their rights and freedoms; deprive the disabled spouse of the right to maintenance; determine the order of raising children; regulate family and non-material relations and non-material rights (based on paragraph 3 of Article 42, paragraph 2 of Article 44 of the Family Code). If a contract is declared invalid on this basis, there should not be a significant disproportionality of shares.
4. The content of the agreement contradicts the norms of morality and morality.
5. The marriage contract was signed under enslaving conditions: one of the parties was forced to sign the contract in the difficult life situation in which she found herself.
6. A prenuptial agreement is a sham transaction that is signed to cover up another transaction.
7. The marriage contract was an imaginary transaction, signed without the intention of the parties to achieve certain civil consequences that this contract may entail (under Article 170 of the Civil Code).

An agreement may be invalidated if one or more grounds exist.

Challenge process

Now you know that the answer to the question of whether a prenuptial agreement can be challenged in court is yes, so it’s time to act. First of all, you should determine where exactly you need to go. A marriage contract is a civil contract; accordingly, its terms are fulfilled in accordance with civil law. This means that your case will be heard in a civil court. Now it's time to take a step-by-step look at what you need to do if you want to challenge your prenuptial agreement.

Search for grounds

First of all, you should think about the reasons, and think very thoroughly. Of course, you may have claims, but not all of them can be considered as sufficient grounds for consideration before the court. So you should prepare a serious evidence base for each of your grounds, and only then can you think about filing a lawsuit.

Payment of duty

The cost of the fee depends on the pre-assessed value of all property to be divided.

The legislative framework established the following procedure for calculating state tax for further legal proceedings:

Drawing up a statement of claim

The next step is that you need to draw up a competent statement of claim. In it, you will have to describe in detail the reasons why you are going to file a lawsuit. There you must indicate both the price of the claim, that is, the approximate value of the disputed property in accordance with the marriage contract, and all the circumstances of the case, as well as links to documentary evidence and legal norms that, in your opinion, were violated. Well, of course, you need to complete everything with your claims, that is, with what exactly you want to get after the trial.

When to enter into an agreement?

The law allows you to sign a marriage contract at any time, including before the official registration of marriage. Another thing is that it will come into force only on the wedding day.

Before parting

The document can be drawn up and signed at any time during the marriage.

If the spouses realized that things were heading towards divorce, and at the same time they amicably decided how they would divide the acquired property, then it makes sense to conclude an agreement before the divorce itself.

If the contract was signed immediately after the wedding or even before it, then by the time of the divorce the property status of the spouses could have changed. Therefore, it is advisable in this case to make changes to the document or draw up a new one.

During divorce proceedings

This option is also not excluded. In this case, the document will be drawn up in court during the hearing. A contract drawn up during a court-ordered divorce will be similar to a property division agreement.

However, unlike the aforementioned document, the marriage contract will determine not only what will go to each of the parties. It can indicate exactly when this property will be transferred. For example, if the spouses currently have a debt on a mortgage loan, then you can specify the procedure for paying it and further dividing the housing. You can also establish what will belong to the child after he reaches adulthood.

In addition, property can be divided within three years – the statute of limitations. But even after this time, the division can be carried out without trial, if, of course, the ex-husband and wife can peacefully resolve all issues.

After the breakup

It is impossible to enter into an agreement after the divorce. The fact is that a marriage contract regulates the property relations of a married man and woman. If their status has already changed, then there can be no talk of an agreement.

Article 40 of the Family Code of the Russian Federation states that a contract is an agreement between persons who intend to enter into marriage or are already in it, but who are not divorced.

Collection of documents

After this, you need to start collecting and submitting to the court office all the necessary documents that will be required during the consideration of your claim. This includes documents confirming your identity, your marriage contract, and all receipts, checks, receipts that can be attached to the case materials. You also need to include all the documentary evidence that you were able to collect that will help you win your case in court.

Court

Many people ask whether third parties can challenge a prenuptial agreement. Judicial practice shows that this is impossible only if the third party is not the trustee of the incapacitated party to the contract. In the same way, in court, each party to the contract must appear independently; third parties cannot file a claim in court or act as plaintiffs or defendants. Again, the only exception is for trustees of incapacitated citizens. So if you are wondering whether a bank can challenge a prenuptial agreement, then this cannot be the case. The bank may contact one of the parties to collect the debt under the marriage contract. You can also use your prenuptial agreement to resolve problems with the bank, but third parties cannot challenge your prenuptial agreement.

You need to go to the magistrate's court if you indicated the price of the claim is less than fifty thousand rubles. If this amount exceeds this limit, then you must contact the district court. In most cases, cases are heard in court at the place of residence of the defendant. If the plaintiff has any serious circumstances, the case may be heard in court at the plaintiff’s place of residence. There are also cases when the case is heard in court at the location of the disputed property.

The procedure for invalidating a contract

Recognition of a marriage contract as invalid is permitted only in court. To do this you need to go through the following steps.

Preparation of mandatory documents

To file a claim for dissolution of the marriage contract, it is necessary to prepare a certain set of documents , which includes:

1. Statement of claim.
2. Divorce or marriage certificate.
3. One copy of the marriage contract, which is to be declared invalid.
4. Evidence of the validity of the plaintiff's claims.
5. A copy of the document confirming payment of the state duty.
6. Power of attorney for a judicial representative, if the party to the process has one.

The information specified by the plaintiff in the statement of claim may be evidenced by::

• certificates from government authorities;
• texts of initial agreements;
• court decisions;
• audio recordings of conversations;
• expert opinions (for example, the results of an assessment by a professional appraiser or a doctor in another field);
• video recordings;
• evidence on the Internet (including email correspondence).

Preparation of a statement of claim

To declare the marriage contract invalid, a corresponding statement of claim is filed in court. It must comply with legal requirements. The statement of claim must provide the following information :

1. The name and address of the court where the statement of claim is being submitted.
2. Information about the plaintiff: full name, date of birth, registration and residence address, contact phone number.
3. Data on the defendant: full name, date of birth, registration and residence address.
4. The price of the statement of claim, if the claims are of a material nature, or there is justification for the intangible nature of the claims.
5. Description of the circumstances of the case: when the marriage was registered, the marriage contract was concluded, whether the document violates or limits the rights of the plaintiff, whether it contradicts the law.
6. Evidence of the given circumstances.
7. Reference to legislative norms that support the plaintiff’s position.
8. Requirements for the court to invalidate a marriage contract.
9. List of applications.

A sample statement of claim for invalidation of a marriage contract can be viewed here.

A claim to invalidate a marriage contract may be submitted as part of a claim for divorce.

Algorithm of actions

In order to invalidate the contract, the plaintiff must file a claim in court and go through the following steps.

Stage 1. Determining the grounds for going to court.

Before filing a claim in court, you need to familiarize yourself with the list of obligations established by law that make it void or voidable. A marriage contract is completely or partially void if it has not been notarized, signed with an incapacitated person, concluded to cover up another transaction, etc. Taking into account the chosen basis, the further strategy of action is determined.

Stage 2. Checking the limitation periods.

Stage 3. Preparation of a statement of claim to invalidate the contract.

Stage 4. Preparation of a set of disputed documents.

Stage 5. Payment of the state duty and attachment of the receipt to the statement of claim.

In order to challenge a marriage contract, you must pay a state fee of 300 rubles. If, in addition to requests to invalidate the marriage contract, an application for division of property is filed, then the state fee is paid based on the price of the claim.

Stage 6. Submitting a statement of claim to the court.

The statement of claim is filed at the place of residence of the defendant, except in cases where the plaintiff has the right to file claims at his own place of residence. The statement of claim may also be submitted to the location of the disputed property. If, in addition to the recognition of non-property claims, claims of a material nature are simultaneously declared (for example, about the division of property), then the statement of claim is transferred to the magistrate's court (when the price of the claim does not exceed 50 thousand rubles) or to the district court (if the price is more than 50 thousand rubles). R.).

Stage 7. Participation in the court hearing.

During the court hearing, the court considers the defendant's claims on the merits and makes a decision.

The court's decision

The last step in this entire chain is a decision by the court. There are three options for the development of events. First option: the court recognizes the marriage contract, as well as transactions that were made in accordance with it, invalid. The second option: the court recognizes the marriage contract and transactions as partially invalid, that is, it satisfies the claim on specific clauses of the contract in question, and this decision does not affect the remaining clauses, which retain their legal force. Third option: the court refuses to satisfy the claims. This can happen either due to a lack of grounds, or if you decide to challenge the marriage contract after a divorce.

Challenging a contract after a divorce

Many people want to know whether it is possible to challenge a prenuptial agreement after a divorce? Yes, this can be done, and judicial practice shows that a claim filed not before or during the divorce process, but after its completion, can also be satisfied. However, there is a statute of limitations for challenging a marriage contract, which is equal to one year. The countdown begins from the moment the party wishing to challenge the marriage contract becomes aware of the existence of grounds for appropriate action. Therefore, the answer to the question of whether it is possible to challenge a marriage contract after a divorce is: yes, it is possible, but only within one year. If you do not meet this deadline, then you will not be able to win your case in court.

Limitation periods

Before deciding to go to court, you need to check the statute of limitations. The statute of limitations does not usually apply to family law disputes, but since property and financial interests are involved, the statute of limitations for some disputes is revised.

The Family Code does not have a special limitation period for invalidating a marriage contract. These deadlines are established on the basis of Art. 181 of the Civil Code. For declaring a voidable contract invalid and its consequences, the statute of limitations is 1 year.

A marriage contract, the terms of which put one of the spouses in an unfavorable position, is also a voidable transaction, therefore the statute of limitations is one year (based on Part 2 of Article 181 of the Civil Code). The statute of limitations is counted after one of the parties becomes aware of the existing grounds for contesting, or from the moment the circumstances under the influence of which the contract was concluded cease.

Determining the limitation period in this case causes a lot of controversy. Some courts come to the conclusion that the period begins to run from the day the marriage contract is signed. But the opposite position suggests that such a calculation is incorrect, since family relationships are of a continuing nature, and the relationship between spouses can change 5-10 years after marriage. So, for example, according to the decision of the Supreme Court of the Russian Federation dated January 20, 2015 No. 5-KG14-144, a marriage contract that was signed more than 10 years ago was declared invalid.

The starting point for counting the statute of limitations may be the moment of division of property , when a spouse is deprived of the right of ownership of property acquired during marriage, for example, a court decision on the division of property under the terms of a marriage contract. Accordingly, the second party, whose rights were violated, will have a year to challenge this decision by declaring the marriage contract invalid.

According to the Resolution of the Plenum of the Moscow City Court dated April 17, 2021 in case No. 44g-85, the court counted the statute of limitations from the moment the divorce began. The appeal ruling of the St. Petersburg City Court of 2021 No. 33-4724/2017 also began to count the statute of limitations from the date of filing the statement of claim for divorce.

There is also the position of lawyers who believe that it is incorrect to tie the statute of limitations to the date of dissolution of the marriage, so they propose to set such terms from the date when the plaintiff learned that the marriage contract put him in a disadvantageous situation.

Thus, in judicial practice, the limitation periods for applications to invalidate a contract are counted :

1. From the date of signing the marriage contract.
2. From the date of divorce.
3. From the date of the decision on the division of property under the terms of the marriage contract.
4. From the date of state registration of the transfer of rights to property transferred into the ownership of one of the spouses without the consent of the second to a third party.
5. From the date of filing a statement of claim for division of property (counterclaim), in which one party referred to the terms of the agreement.
6. From the date of violation of the right to use property.

The statute of limitations for recognizing the invalidity of a void contract and its consequences is three years. The countdown begins from the moment when the terms of the void contract began to be fulfilled. If a third party who is not a party to the agreement goes to court, then the countdown begins from the moment when it became known that the terms of the agreement have been fulfilled.

It is important to take into account that the court will accept a statement of claim even if the statute of limitations is violated, but for this you need to provide a valid reason for the omission. For example, illness, force majeure circumstances (emergencies, flood or fire), business trip of the applicant or ignorance of the fact of violation of his rights. The court may also take into account illiteracy or insufficient level of proficiency in the Russian language. The reasons for missing the limitation period must be valid during the last six months of the limitation period.