When is a prenuptial agreement invalid?
HiI 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. I also did not see the papers Äktenskapförord , because he put them on the day we got married and I do not understand Swedish so I was thinking I was signed papers to get married. I did not see what he wrote in it. Please I need the reasons why it can be invalidated. I know what MUST to have an Äktenskapförord to be valid, I dont want to know that information ,I already know and a lawyer can write I need to know reasons the Court invalidate Äktenskapförord. IN WICH CASES IS INVALID .?Tack så mycket
Hello and thank you for contacting us at Lawline with your question!
Provisions on what you request appear from ch. 12 Section 3 of the Marriage Code (12 kap. 3 § äktenskapsbalken). If a condition in a prenuptial agreement is unreasonable about the content of the preamble, the circumstances at the time of the introduction of the preamble, later circumstances, and other circumstances, it may be adjusted or left without regard to the division of property.
The provision has been formulated with the general clause of the Contracts Act (avtalslagen) as a model, according to which contract terms may be adjusted or disregarded if the condition is unreasonable about the content of the contract, the circumstances at the time of the contract, later circumstances and other circumstances (section 36 of the Contracts Act, 36 § avtalslagen). As a precondition for adjustment, it is mentioned that a condition in the prenuptial agreement is unreasonable. The whole preface itself does not have to be unreasonable. On the other hand, it has been strongly emphasized in both literature and preparatory work that adjustment of prenuptial agreements should be a distinct exceptional phenomenon. A prenuptial agreement is an agreement between two parties, the basic principle that an agreement must be kept must not be undermined through diligent use of adjustment rules.
The Supreme Court has tried 12 kap. 3 § äktenskapsbalken only in one case (NJA 1993 s. 583). In the case, the spouses' marriage had lasted for eleven years when they established a prenuptial agreement. According to the prenuptial agreement, all property which they then owned or subsequently acquired would be private. They had two children together. The preface was added in connection with disturbances in the marriage. This then continued and had lasted about 23 years at the time of the divorce. In the case, it was the woman who brought an action for adjustment of the prenuptial agreement, made sure that she did not get anything in connection with the divorce, unlike her husband who got a lot. The woman's action was dismissed, and the prenuptial agreement was not adjusted. According to the literature, the decision from 1993 shows that the adjustment provisions äktenskapsbalken, shall be applied restrictively and that it is not sufficient for the adjustment of the prenuptial agreement that there has been a significant skewed distribution of the spouses' property. The decisive factor is instead whether the prenuptial agreement is unreasonable, considering all the circumstances. Grounds for adjustment may exist, for example, when one of the parties has established a prenuptial agreement through aggressive behavior, surprise tactics or other abuse of the negotiating position.
In your case, it can be argued that there may be grounds for adjustment. However, you should keep in mind that it is not enough that you say that your spouse threatened you; it is required that you can also prove it. The request for adjustment of the prenuptial agreement is usually only actualized when it is time to invoke the prenuptial agreement. That is, when a divorce is relevant. If you or your spouse is applying for a divorce, a division of property must be made. In the division of property, it will be important if there is a prenuptial agreement. If you consider that the prenuptial agreement is invalid and should be adjusted or disregarded, you may then go to court (if you and your spouse cannot agree). If you need help with this, one of our lawyers at Lawline law firm can be helpful. If this is interesting, you are warmly welcome to contact me by e-mail for a cost proposal and further contact. I can be reached for the purpose at firstname.lastname@example.org.
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