Ogiltigförklara eller jämka äktenskapsförord
I need to know which are the reasons an Äktenskapförord s invalid, why the court can invalidate :
by threat, what kind of threat ? , economic, violence,death .
because my husband threatened me that I Must signed, Otherwise we would not get married but when He told me I had already closed my business where I lived and canceled my asylum so my chances of obtaining Permanent Residence took them away.
Please I need the reasons why it can be invalidated. I know what Must to have an Äktenskapförord to be valid, I already know and a lawyer can write.
I need to know reasons the Court invalidat Äktenskapförord.
Tack
Lawline svarar
Hi, thank you for turning to Lawline with your question.
From what I understand, your question is if the court could invalidate a prenuptial agreement (äktenskapsförord) due to a situation that put you in a bad spot and made you feel forced to agree to the terms.
I don´t know the exact situation you are in or what was said or what the agreement contains. So, I will not focus on getting it terminated due to the contract being faulty, I will more focus on the circumstances around the signing of the contract. Remember that the court could come to a different conclusion than I, depending on other factors like your husband's testimony etcetera. So, my answer will be nothing more than a guide for you based on the information I have.
Firstly, a prenuptial agreement is a binding contract between the married or soon to be married couple. For it to be valid it needs to be sent to Skatteverket for registration if, but if you signed it before 2011 it had to be sent to Tingsrätten for registration. For the registration to be completed both of you need to identify yourself. If that was done, then you can't terminate the contract due to it not being legally binding.
If it is legally binding then it follows the standard contractual rule, the contact must be followed. To be able to terminate a legally binding contract you must be able to prove that your husbands' actions in itself makes the contract not binding. (12 kap. 3 § Äktenskapsbalken (ÄktB))
In your case I would focus the case on his use of your position of dependency to him and that he gained benefits from it that is not in proportion to what you gained (3 kap. 31 § Avtalslagen (AvtL)). Or that he made you sign the contract using coercion (3 kap. 29 § AvtL). But for coercion to be appliable his actions need to have been unduly, as in blackmail or similar. That means that his actions must have crossed the line of what is acceptable.
Summary
As I wrote earlier, I can´t give you a straight answer of what you can do in your situation. My guess is that you can get the prenup terminated due to your husband using your dependency to make you sign the contract. From what I understand no threats or actual force was involved in you signing the contract. But you seemed to have been in a situation you felt that you could not say no and that he knew that.
But the court could also come to another conclusion depending on the information you and your husband gives. If I could give you one tip, it is to contact a lawyer who you can have a more personal contact with and that could look into your case with more information to stand on. You can come into contact with our lawyers here.
I hope this helped. Good luck!
Best regards
