Priscilla Folgosi
Lawyer at Marcos Martins Advogados
The Family and Succession Court has accepted the preliminary objection presented by Marcos Martins Advogados, in the case of an action for annulment of an agreement ratified by judgment in a consensual divorce, recognizing that the plaintiff’s right to annul the division has lapsed, dismissing the claims and extinguishing the case with judgment on the merits.
This is an application for annulment of a judgment ratifying a court settlement in a divorce action with division of assets, on the grounds that the division ratified in 2011 was vitiated by coercion.
In order for this type of defect to be recognized and annulled, the action must be filed within four (4) years of the coercion ceasing, under the exact terms of article 178, I, of the Civil Code. However, although the plaintiff claimed that the coercion continued after the divorce and judicial approval of the division, the defense presented by Marcos Martins Advogados proved the incoherence of the perpetual coercion thesis raised by the plaintiff, and the decay of the plaintiff’s right to annul the division irremediably took place.
The success obtained through the defense thesis prevented the annulment of the division of assets, allowing the maintenance of the client’s assets.
The law firm Marcos Martins Advogados is available to assist you in your case.
