If the previously concluded agreement ceases to suit you, but for some reason you cannot break it by agreement of the parties, you can try to invalidate this document. How can I do that?
Instructions
Step 1
It is necessary to distinguish between the recognition of the transaction as invalid or null and void. The contract is recognized as invalid only by a court decision, and a void transaction may not be contested. The contract is considered null and void if it was concluded in violation of the established legislation, in violation of moral norms, if one of the parties to the transaction is incompetent or if the contract is imaginary, that is, the parties did not initially intend to perform the action stated in the contract. Also, lawyers also single out a sham deal, which is concluded with the aim of covering up some other, most often illegal, agreement.
Step 2
Collect all necessary evidence that the contract is null and void. You will need the original of the contract itself and paper, which will confirm that one of the persons who entered the transaction was incapacitated at the time of its conclusion. For example, persons under the age of 18 cannot conclude a marriage contract. If you are sure that the contract was fictitious or feigned, this will also need to be proven.
Step 3
Draw up a statement of claim declaring the contract null and void and submit it to a civil court. In the application, describe in detail all the circumstances that allow you to conclude that the transaction is null and void.
Step 4
Consult a professional lawyer. It will be difficult for a non-specialist in this field to understand the intricacies of legal terms: what is considered a sham contract, what is feigned, what is permitted by law and what is not. Even if you spend a large amount on the assistance of a lawyer, you will win your case, which means that you will receive benefits.
Step 5
Use all possible evidence to support your case. This can be the testimony of witnesses to the conclusion of the transaction, recordings from video cameras, and more. If you are sure that you were deliberately misled or you were in an inadequate state, witnesses will help to confirm this.
Step 6
Expect a court decision to declare the transaction null and void. The investigation will establish all the circumstances of the case, and if the contract is indeed concluded contrary to the law, it will be recognized as non-existent.
