How to invalidate a marriage contract?

Recognition of a marriage contract as invalid. Reasons, grounds and consequences of the invalidity of a marriage contract.

What does the invalidity of a marriage contract mean? 

When a marriage contract is declared invalid by a court, it loses the ability to produce the legal consequences that its parties intended. The difference from dissolution is that invalidity cancels the contract from the moment it was signed, creating a situation as if the contract never legally existed.

It is better to spend time on proper drafting now than to spend years in court later! 

Main reasons for declaring a contract invalid

First of all, it is important to note that Article 103 of the Family Code of Ukraine does not contain a specific list of grounds for declaring marriage contracts invalid, but refers to the general grounds for invalidity of contracts established by the Civil Code of Ukraine. However, one should not forget about the mandatory requirements of the FCU for a marriage contract, the violation of which leads to its invalidity. 

Accordingly, the grounds for the invalidity of a marriage contract can be divided into two groups: 1) violation of the requirements of the Family Code of Ukraine; 2) general grounds for the invalidity of contracts under the Civil Code of Ukraine.  

1) Violation of the requirements of the Family Code of Ukraine:

• Violation of the form of the contract (Article 94 of the Family Code of Ukraine) - a marriage contract must be concluded exclusively in writing and certified by a notary

• Incapacity of the parties to conclude the agreement (Article 92 of the Family Code of Ukraine) - absence of written consent of the parents or guardian for the conclusion of the agreement by a minor prior to the registration of marriage

• Unacceptable content of the agreement (Article 93 of the Family Code of Ukraine) - inclusion of conditions regulating personal relations between spouses or between them and their children

• Reduction of the rights of the child (Article 93 of the Family Code) - conditions that reduce the scope of the rights of the child established by the Family Code

• Creation of an extremely disadvantageous situation (Article 93 of the Family Code) - conditions that place one of the spouses in an extremely disadvantageous financial situation

• Unlawful alienation of property (Article 93 of the Family Code) - transfer of immovable property and other property, the right to which is subject to state registration, to the ownership of one of the spouses Contradiction with the moral principles of society (Article 97 of the Family Code) - inclusion of conditions regarding the legal regime of property that is contrary to the moral principles of society

2) General grounds for invalidity of contracts under the Civil Code of Ukraine:

This category includes classic grounds that may lead to the invalidity of any contract, including a marriage contract:

• Incapacity of the parties - conclusion of a contract by persons who do not have full civil capacity or have been declared incapacitated in accordance with the procedure established by law

• Coercion or deception - signing a contract as a result of physical or psychological pressure, blackmail, threats, as well as misleading information regarding the essential terms of the contract

• Error regarding the subject matter of the agreement - situations where one of the parties did not fully understand the legal consequences of concluding the agreement or its individual provisions

• Conclusion of a contract without awareness of one's actions - conclusion of an agreement by a legally capable person at a time when they were temporarily unaware of the significance of their actions or unable to control their behaviour

• Contractual fiction - conclusion of a marriage contract without a genuine intention to create the legal consequences provided for therein, in particular for the purpose of concealing property from creditors (the conclusion of such a contract immediately after the filing of a lawsuit or the commencement of executive proceedings is particularly suspicious, although this is not a sufficient ground for declaring it invalid)

Types of invalidity of marriage contracts

It is worth noting a certain inconsistency in the wording of Article 103 of the Family Code of Ukraine. The legislator indicates that a marriage contract can be declared invalid only by a court decision, which creates a false impression that all marriage contracts can only belong to the category of contestable contracts and require mandatory judicial intervention to establish their invalidity.

However, Article 215 of the Civil Code clearly distinguishes between two types of invalid deals based on the procedure for establishing their invalidity: 

• null and void deals are agreements whose invalidity is directly established by law. Such deals are invalid from the moment they are made. No court action is required to establish their invalidity. A typical example is a marriage contract that has not been notarised - such a contract is void from the moment of its conclusion and has no legal consequences regardless of any court decision.

• contestable deals are contracts whose invalidity isn't directly established by law but can be proven in court on grounds provided for by law (for example, through coercion or fraud). 

Who can go to court?

• One of the spouses

• Third parties whose rights are affected by the agreement (e.g. children from a previous marriage)

Partial invalidity

The complex structure of a marriage contract allows for the invalidation of only certain parts of the document, rather than the entire document. If the invalid part is not critically important, the rest of the contract may remain in force.

Example: Andriy and Kateryna entered into a marriage contract stipulating that Andriy's son from his first marriage could live in Kateryna's flat free of charge, but in return would be obliged to carry out repairs in it every month. This condition is contrary to the law, as a contract in favour of a third party cannot impose obligations on that party, only grant rights. Therefore, this part of the contract will be declared invalid, but everything else will remain in force.

It is important to know:

✅ Declaring a contract invalid does not affect the marriage itself. However, declaring a marriage invalid automatically invalidates the marriage contract.

✅ If a marriage contract is declared invalid, the parties must return everything they have received to each other.

To avoid problems, always conclude a marriage contract with the help of an experienced lawyer and have it certified by a notary. Make sure that all terms and conditions are fair and do not violate the law.

If you would like to receive consultation from a family lawyer regarding a marriage contract or require legal assistance, feel free to contact us via CHAT or by phone, and the lawyers of our legal centre will provide you with qualified assistance.