Fictitious marriage. When a marriage is declared invalid A marriage cannot be declared invalid

Conditions for marriage - these are the circumstances necessary for the marriage to be registered and recognized as valid.

A marriage registered in the registry office in compliance with the conditions established by law is considered to be committed lawfully. Only he gives rise to those legal relations that are regulated by the norms of family law. Therefore, it is considered that any marriage is valid.

If at least one of these conditions is violated, then the question of its invalidity arises. However, it can only be recognized as such by a court order. Recognition of marriage invalid - this is the annulment of marriage and all its legal consequences from the moment of its conclusion.

Marriage is recognized by the court as invalid in case of violation of the conditions established by law, as well as in the event of a fictitious marriage, that is, if the spouses or one of them registered the marriage without the intention of creating a family. With the recognition of marriage as invalid, all those legal consequences that arise from a valid marriage are eliminated.

The list of grounds that give the court the right to recognize a marriage as invalid is determined by law.

These grounds are:

  • a) violation of the conditions of marriage established by law, i.e. if it is concluded in the absence of voluntariness and mutual consent of persons entering into marriage, or is registered with a person who has not reached the age of marriage, or as a result of deceit, violence, etc.;
  • b) the presence at the time of marriage of circumstances preventing its conclusion, i.e. if it is concluded between persons, of which at least one person is already in another registered marriage; if this is a marriage between close relatives, namely in a direct ascending and descending line: parents and children, grandfathers, grandmothers and grandchildren (granddaughters), as well as between full and half brothers and sisters, adoptive parents and adopted children; or if the marriage was entered into by persons, of which at least one person has been recognized by the court as incapable due to a mental disorder;
  • c) concealment by one person entering into marriage from another person that he has a venereal disease or HIV infection;
  • d) fictitious marriage, i.e. if the spouses or one of them registered a marriage without the intention of starting a family.

The above list of grounds is exhaustive and is not subject to broad interpretation.

Therefore, violations of the requirements established by law for the procedure for concluding a marriage cannot be grounds for recognizing a marriage as invalid, for example, registering a marriage before the expiration of a month from the date of filing an application with the civil registry office, if this period has not been reduced.

When accepting a statement of claim for recognizing a marriage as invalid, the judge needs to find out on what grounds the validity of the marriage is disputed and whether the plaintiff belongs to the category of persons who have the right to raise the issue of recognizing the marriage as invalid precisely on this basis.

By virtue of Art. 28 of the UK, the circle of persons who may make such claims, depending on the basis for contesting the validity of marriage, includes:

  • - when entering into a marriage with a person who has not reached marriageable age, and in the absence of permission to enter into marriage before this person reaches marriageable age - a minor spouse, his parents (persons replacing them), a guardianship and guardianship authority or a prosecutor;
  • - in the absence of the voluntary consent of one of the spouses to his conclusion - the spouse, as well as the prosecutor;
  • - in the presence of circumstances preventing the conclusion of marriage - the spouse, guardian of the spouse recognized as legally incompetent, the spouse from the previous undissolved marriage, other persons whose rights are violated by the conclusion of this marriage, as well as the guardianship and guardianship authority and the prosecutor;
  • - if there is a fictitious marriage - the prosecutor, as well as the spouse who did not know about the fictitious marriage;
  • - if one of the spouses has a venereal disease or HIV infection - the other spouse. 8. Pchelintsev L.M. Family law in Russia: Textbook for universities. - M.: IG “Norma: INFRA-M”, 2000. - 672 p. (Electronic Library)., Art. 31It should be noted that if the applicant is not one of the indicated persons, then the judge refuses to accept the statement of claim.

If by the time the court considers the case on recognizing the marriage as invalid, the circumstances that, by virtue of the law, prevented its conclusion, have disappeared, then it has the right to recognize such a marriage as valid.

These include:

  • - voluntary consent of the spouse to this marriage;
  • - restoration by the court of the legal capacity of the spouse, previously recognized by the court as incapacitated;
  • - termination of a previous marriage as a result of its dissolution or the death of a spouse in a previously undissolved marriage;
  • - Cancellation of adoption.

The court does not have the right to recognize a marriage as valid if it is concluded between close relatives.

If an interested person filed a claim for recognition of the marriage as invalid, then the court, in order to protect the rights and legally protected interests of a person who entered into marriage before reaching the marriageable age, as well as in the absence of consent on the part of such a person to recognize the marriage as invalid, may dismiss the claim for declaring the marriage invalid.

The court also does not have the right to recognize the marriage as fictitious if the persons who registered it, before the consideration of the case, actually created a family, i.e. have children in common, jointly acquired property, etc.

Spouses after divorce (both in court and in civil registry offices) are not entitled to raise the issue of recognizing this marriage as invalid, except in cases where the validity of the marriage is disputed on the grounds that the degree of relationship between the spouses is prohibited by law or the state of one of them at the time of registration marriage in another undissolved marriage.

Persons who are married, which is declared invalid by the court, do not have any personal and property rights and obligations of the spouses.

If persons in such a marriage jointly acquired various property, then in the event of its division, the court is not guided by the norms of family law, but applies the rules established by the Civil Code of the Russian Federation on property in shared ownership.

If a dispute arises about the spouse's ownership of the living space, where he moved in after the conclusion of this marriage as a family member of the owner or tenant of the residential premises, it is resolved by the court on the grounds provided for by the Housing Code of the RSFSR.

The recognition of a marriage as invalid does not affect the rights of children born in such a marriage, or within three hundred days from the date of recognition of the marriage as invalid. If, at the time of marriage, one spouse hid from the other that he is married, then when the second marriage is declared invalid, the court may recognize the right of the spouse whose rights are violated by the conclusion of such a marriage (a bona fide spouse) to receive maintenance from the other spouse. The court also has the right to apply in respect of property acquired jointly before the marriage was declared invalid, the provisions established by family law, as well as to recognize as valid in full or in part the marriage contract concluded by them. In addition, a conscientious spouse, in accordance with the norms of civil law, has the right to demand compensation from the guilty spouse for material and moral damage caused to him.

Some people, being in an emotional state, agree to register a marriage. Later comes the understanding that the wedding was insincere or the spouses are disappointed in each other, having learned about the true goals of marriage. Even if you get a divorce, the trace of marriage remains for life: a stamp in your passport and other documents, certain obligations, etc. In such cases, you can demand the annulment of the marriage (annulment), but not everyone knows how to do this and what legal consequences await the unfortunate spouses.

Recognition of marriage invalid

A marriage entered into in violation of the norms is considered invalid.

A marriage is recognized as invalid in case of violation of the conditions established by Articles 12-14 and paragraph 3 of Article 15 of this Code, as well as in the event of a fictitious marriage, that is, if the spouses or one of them registered the marriage without the intention of creating a family.

Article 27 of the Family Code of the Russian Federation

Until the invalidation of any marriage is considered legal.

Grounds for recognition

The Family Code lists all the grounds. No other fact can be the basis. The marriage union is recognized as illegal:

  • with a person or persons who were forced into marriage without regard for their disagreement;
  • with a person who has not reached the age of marriage and has not received permission in accordance with the procedure established by law for early registration of marriage;
  • if there is another registered marriage;
  • in the presence of marriage between close relatives in a direct ascending and descending line: between parents and children, grandfather, grandmother and grandchildren, full-blooded and not full-blooded (having a common father or mother) brothers and sisters, between adoptive parents and adopted children;
  • if it is concluded between persons, of which at least one is recognized by the court as incapable due to a mental disorder;
  • if one of those who entered into marriage hid from the other the presence of a venereal disease or HIV infection;
  • at the conclusion of a fictitious marriage, i.e. marriage without the intention of starting a family.

To recognize a marriage as invalid, it is sufficient to have at least one circumstance established by the Family Code

In practice, the reason for the recognition procedure is most often fictitious, that is, marriage without the purpose of forming a family.

Illegality of marriage with a citizen of another country

If your spouse is a foreigner, they can recognize the union as illegal if the conditions for concluding a marriage in at least one country are violated. For example, in Egypt, polygamy is not suppressed, and an Egyptian citizen can marry a citizen of another country. But in Russia there is the principle of monogamy, so Russian laws do not recognize a marriage if one of the spouses is already married.

In addition to Russian family law, the legality of marriages with foreigners is regulated by:

  • family law of the country of which one of the spouses is a citizen;
  • international conflict rules;
  • an agreement between the Russian Federation and the Republic of Egypt on legal assistance and legal relations in civil, commercial and family matters;
  • an agreement between the Russian Federation and the Republic of Poland on legal assistance and legal relations in civil and criminal cases;
  • agreement between the Russian Federation and the Republic of Georgia on legal assistance and legal relations in civil, family and criminal cases.

Thus, it is important that the laws and regulations of both countries are taken into account. For example, if there are no violations on the part of the bride (citizen of the Russian Federation), and the groom violated the norms of his state (for example, concealed his illness), then the marriage is recognized as illegal under Russian laws.

annulment of marriage

On the one hand, annulment is the actual recognition of illegality. Some, having learned about the procedure for carrying out this procedure, come to the conclusion that it is troublesome and you just need to annul the marriage in order to avoid the legal consequences of marriage relations "by magic".

On the other hand, an annulment is achieved if the marriage is disputed. In such cases, the standard procedure must also be followed. The only difference is the grounds for such a procedure.

For example, a woman has decided to annul the contested union. The reason for initiating the procedure was the fact of strong alcohol intoxication at the time of marriage.

Recognition of invalid divorced marriage

Divorce and recognition of marriage as invalid are completely different concepts.

After a divorce, the marriage union cannot be considered illegal. Recognition of illegality after a divorce is carried out only upon the occurrence of exceptional grounds.

If, after the divorce, the former second half entered into a new marriage, and after that a lawsuit was filed to cancel the divorce, then the new union is not recognized as illegal. Since a new marriage has been concluded, the divorce will not be canceled. But sometimes other grounds are found, in which case the divorce will not be canceled, you can only remarry.

Differences between an invalid marriage and a dissolved one

Divorce involves the suspension of marital obligations. And in case of invalidity, all legal relations are canceled from the day of the wedding.

If there were property relations in the marriage (joint purchases, etc.), they are regulated not by the Family, but by the Civil Code (articles 244–252). If during the marriage a marriage contract was drawn up and executed, then with the moment of divorce it comes into force, and with the recognition of invalidity, on the contrary, it is canceled.

Some confuse the concept of "invalid marriage" with the concept of "failed marriage." In fact, such a marriage is concluded not in violation of the general norms of the law, but in violation of the record of the act. For example, if someone else's passport is presented, or the bride or groom was absent. Such a marriage was not registered correctly, and therefore did not exist. Failed marriages should not be recognized as illegal. An entry from the act book of the registering body is withdrawn on the basis of a court decision.

Order

A marriage may be recognized as illegal only in a judicial procedure established by the Code of Civil Procedure.

Without a court decision on its illegality, it is impossible to invoke the invalidity of the marriage, even if there is strong evidence.

Asiyat Kirasirov, lawyer

For the recognition procedure, you need to apply to the district court. Territorial jurisdiction is determined by the address of the defendant's registration. When accepting a claim, the court will consider whether the claimant is proper, that is, whether he has the right to file such a claim with the court. And also important is the question of whether the reason for filing an application is a basis from the point of view of the law. If the grounds are insufficient, the claim will be denied.

You can file a claim for recognition of invalidity at any time, since there is no statute of limitations in such cases.

First you need to make an application. It must include the following data:

  • the name of the court;
  • information about the claimant;
  • information about the defendant;
  • the price of the claim (if any);
  • descriptive part (circumstances of the current situation);
  • the pleading part (requirements: for invalidation, for the annulment of the marriage record, for damages, etc.);
  • signature and date.

The application must refer to legal provisions.

During the court, a decision is made, which is considered to have entered into force from the moment of registration of illegal marriage.

For example, the marriage took place on May 1, 2010, the court took place on March 1, 2017, during the court a decision was made to declare invalid. The marriage is annulled. The legal consequences come immediately, the former "spouses" will leave the courthouse in the status in which they were before the marriage was registered. Within three days, the decision will be sent to the registering registry office and the entry in the act book will be canceled.

Ksenia Artyushkina, lawyer

What documents need to be attached to the application

The claim must be drawn up in two copies (one copy will be sent to the defendant). The state duty must be paid before the filing of a claim in order to attach a receipt. You can pay the state duty at the cash desk of any bank, at the payment terminals of Sberbank offices and at the post office. By the way, the state duty for invalidation is 300 rubles.

Another mandatory application is a certificate of registration of this marriage. A copy of the certificate can be attached to the claim, but at the meeting it is necessary to give the original, as the judge must take it. If there are children from such a marriage, birth certificates of children (copies are possible) are needed. The originals will not be taken. What happens next depends on the circumstances. It is necessary to prepare documents confirming the validity of the requirements.

First, you need evidence. For example, if bigamy served as the basis, copies of documents confirming the existence of a second marriage, testimonies of witnesses, etc. must be attached as evidence. If the reason was the concealment of the fact of a venereal disease, you need to attach medical certificates, an extract from a medical book, etc.

Secondly, if there are any requirements other than the actual recognition, they must be substantiated. For example, if a claim is made for compensation for material damage, you need to justify the price of the claim (checks, receipts, printouts from accounts, etc.).

A list of all attached documents must be included in the claim itself.

Who has the right to demand recognition of marriage as invalid

The list of persons who can file claims for the illegality of marriage is determined by Article 28 of the Family Code:

  • minor spouse, his parents or guardianship authorities;
  • spouse whose rights are violated;
  • a spouse who did not know about the fact of the illegality of marriage;
  • guardian of a spouse who has been declared legally incompetent;
  • spouse from a previous undissolved marriage (if the basis is bigamy);
  • a spouse who did not know about fictitiousness (if the basis is fictitiousness);
  • other persons whose rights are violated by the conclusion of this marriage;
  • prosecutor;
  • bodies of guardianship and guardianship (in cases relating to minor spouses or incapacitated).

Courts of this kind are held in the presence of a limited number of persons, since the disclosure of someone's personal life may violate the rights and interests of the parties involved.

If we are talking about the marriage of a person who entered into a marriage before the marriageable age, but at the time of the trial the marriageable age was reached, then the presence of guardianship authorities is not required. Moreover, only the spouse himself can file a lawsuit in this case. For example, a girl got married under duress at the age of 17 (1.5 months left until adulthood). After consulting with a lawyer, her mother filed a statement of claim demanding an annulment of the marriage, because at the time of the marriage, the marriageable age was not reached. But the mother’s application was not accepted, since at the time of the application, the daughter had already turned 18.

The prosecutor may declare invalidity in the event that the fact of forced marriage is found out. Sometimes a civil case can smoothly flow into a criminal one. For example, when the ritual "theft" of an underage bride with subsequent registration turns into a kidnapping.

Ekaterina Guryanova, lawyer

If the victim is incompetent, representatives of the guardianship authorities can submit an application for recognition of the illegality of his marriage. In practice, there are cases when young women marry disabled pensioners. Later, they register in the spouse’s apartment, and sometimes they draw up a will. Most of these cases end with the satisfaction of the claim of the guardianship authority and the eviction of such "wives" without providing other housing.

Legal Consequences

The abolition of all legal relations implies the abolition of marriage relations. Property issues are regulated by the Civil Code, that is, former spouses remain with what they were before marriage. If joint property has been acquired, the former spouses may enter into a voluntary agreement or divide the property in accordance with the rules on shared property. The interested party may file a claim for recognition of the right to a part of the property.

A spouse who did not know about the circumstances that make the marriage invalid (conscientious spouse) has the right to demand the payment of alimony for his maintenance in accordance with articles 90 and 91 of the Family Code. And also a conscientious spouse can leave the marriage surname if he likes it.

Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.

Clause 1 of Article 1064 of the Civil Code of the Russian Federation

Many on the eve of the court say the words about damages, but few people know what kind of damages and in what form can be claimed. So, it is possible to indicate material and moral harm in the pleading part of the claim. Moreover, the payment of the amount appointed by the court can be recovered not only from the person who caused this harm.

Sometimes unscrupulous spouses, fearing the award of damages, agree to voluntary compensation

The legal consequences of the recognition of the illegality of marriage do not apply to children. Children. those born in such marriages have the same rights as other children.

The recognition of a marriage as invalid does not affect the rights of children born in such a marriage or within three hundred days from the date of the court. Children born in a marriage declared invalid (or within three hundred days from the date of recognition of the marriage as invalid) have the same rights and obligations in relation to parents and their relatives as children born in a valid marriage.

Article 30 of the Family Code of the Russian Federation

Arbitrage practice

In practice, 99% of claims for recognition of the illegality of marriages are satisfied. The fact is that the norms regulating this procedure prevent violations of the order of the procedure already at the stage of receiving applications. And in the case of a simple unwillingness to be married, it is much easier to get a divorce than to start a recognition procedure.

The most prominent cases of this kind in Family Law are claims for non-pecuniary damage. The fact is that it is almost impossible to prove moral suffering. It is possible to compare mental suffering with the tariffs of neuropathologists and psychotherapists, but even if medical evidence of such harm was presented in court (up to 500,000), the court refused to satisfy.

An exception is marriages with a prenuptial agreement, which indicate such a possibility. But in Russia there are only a few such cases. By the way, in some Western countries, it is much easier to achieve compensation for moral damage than recognition or divorce itself. The difference is that Russian courts are based on the articles and norms of the law, while Western courts consider each claim case in private.

Sanitation of an invalid marriage

Sanitation of a marriage recognized as invalid is the abolition of the invalidity of the marriage or rehabilitation. However, the court can, but is not obliged to sanitize the marriage. In order to save a marriage that may be declared illegal, the circumstances that make the marriage illegal must be eliminated.

Article 29 of the Family Code defines the circumstances that eliminate the illegality of marriage:

  1. Achievement by spouses (or one of them) of marriageable age, if the union was concluded during the minority of one of them (or both).
  2. Dissolution of a previous marriage or a decision of a judicial authority to declare it invalid.
  3. Cancellation by the court of the decision of the fact of adoption between spouses.
  4. A court decision annulling the incapacity of a person of a marriage union.
  5. The creation of a family by the subjects of legal relations, but only if at the time of registration they did not seek to achieve such a goal.

In practice, reorganization is carried out most often in the first two cases. For example, the parents of one of the parties achieved invalidation, and a couple of months later, young people in love achieved the annulment of the court decision.

The procedure for the restoration of marriage

The procedure for reorganization is not much different from any other action performed through an appeal to the court. Moreover, you should apply to the same court that declared the marriage invalid. Documents required:

  • statement of claim;
  • copies of passports of former spouses;
  • a copy of the court decision on invalidation;
  • confirmation of the elimination of the circumstance for invalidation;
  • receipt for payment of state duty.

The decision rendered by the court may enter into force from the day of its registration, or from the day when the grounds for illegality have ceased to exist. It all depends on the judge.

An invalid marriage is a marriage entered into illegally, that is, in violation of established procedures. Only a court can recognize a marriage as invalid and on the basis of a statement of claim. The decision of the court shall enter into force from the date of registration of the marriage. But the invalidity of the marriage can be canceled by also filing a claim. You can file a claim yourself or contact a lawyer.

Citizens register their relationship in the registry office in order to legitimize their relationship, create a family.

However, if there are reasons to believe that one of the spouses, when registering a marriage, had a different purpose that is contrary to the law and has a different, not entirely ethical side in relation to the other partner, such a marriage may be declared invalid.

Conditions for declaring a marriage invalid

The procedure for recognizing a marriage as invalid has fundamental differences from a conventional divorce. In such procedures, the order and consequences are different. Disputes of this nature can only be resolved in court: this fact does not depend on the will of the parties, which means that this is not a right, but their duty. The court order means that you will need to pay a fee, submit a well-written application, and comply with the general requirements and rules of the law.

In order to to declare a marriage invalid, special conditions are needed, which are listed in Art. 27 RF IC.

The presence of at least one of the following conditions may be a reason for declaring a marriage invalid:

  • one of the spouses entered into marriage not voluntarily (under duress, under the influence of alcohol, drugs, etc.);
  • the age of one or both spouses that does not correspond to marriage (at the time of its conclusion, one of the spouses has not reached the age of 18;
  • one of the spouses is already legally married;
  • the marriage was concluded with relatives of the first relationship or adoptive parents;
  • the marriage was entered into by a citizen recognized by the court as incapable on the basis of an examination for the presence of a mental disorder or disease;
  • one of the spouses hid from the partner the presence of a serious illness or HIV infection;
  • one of the spouses was persuaded to marry by moral or physical violence;
  • the marriage turned out to be fictitious due to the fact that at least one of the spouses, entering into marriage, did not have among the main intentions the creation of a family

Fictitious marriage means:

  1. The absence of a joint household, signs of conducting a joint life, as well as domestic communication and joint leisure activities between spouses;
  2. Lack of mental and close relationships in marriage;
  3. Lack of interest in what was happening or what is happening in the life of the spouse;
  4. Separate accommodation;
  5. Separate accounting and budgeting;
  6. Pursuing other goals, except for creating a family, in marriage (obtaining citizenship, the right to inherit property, obtaining a harmonious or famous surname, title, etc.)

It is quite difficult to prove the fictitious marriage during the trial. The plaintiff needs to collect a large evidence base. The matter is complicated by the ethical and moral aspects of the issues.

In the course of a fictitious marriage, signs of a real (not fictitious) marriage may appear in the life of the spouses. For example, living together, maintaining a joint budget, emotional attachment, etc. If this happened before the decision of the court, the court does not have the right to recognize such a marriage as fictitious.

Procedure for annulment of marriage

The basis for litigation is usually such statements of claim are considered fairly quickly. In such cases, there is no concept of "statute of limitations", except in the case of ignorance about the presence of sexual or HIV infection. In this case, the injured spouse is obliged to file a claim for recognition of the marriage as invalid within one calendar year after the disclosure of this fact.

The following persons can file a claim with the court: a conscientious spouse, his parents or guardians (if the spouse is under 18 years of age) and the prosecutor. The plaintiff may also be the "previous" spouse of one of the persons who entered into marriage, if the divorce was not formalized. If a case is being considered on the concealment of sexual or HIV infection by a spouse, then only the prosecutor can be a plaintiff.

For clearance legal action to annul a marriage you need to collect the following documents:

  • receipt of payment of state duty;
  • certificate of marriage, birth of common children;
  • documents that can be accepted as evidence of the invalidity of the marriage;
  • passport;
  • statement of claim.

The latter is drawn up in free form, it indicates the unscrupulous spouse as the defendant. The text of the application must contain a requirement to recognize the marriage as invalid and cancel the record of its registration in the registry office.

During the trial, the court carefully examines all the circumstances of the case, evaluates the evidence presented and the arguments of the parties. A positive decision is made if the court considers that the applicant has presented sufficient evidence in favor of a violation of the conditions of marriage.

At the same time, it should be understood that violation of the marriage registration procedure and possible errors of the registry office will not be the basis for a court decision.

The court, quite often, does not take into account the fact that the spouses do not live together for a long time. He needs really good reasons, proof that the reason for the separation is not just a banal quarrel, but the fact that the other side really did not have the goal of starting a family. For example, a marriage union was concluded with a nonresident citizen, whose goal was to obtain living space.

Such types of disputes are quite complex, requiring a careful study of the problem, the correct application of legal norms, the preparation of documents, and the collection of evidence. All this is quite difficult to do for people who are far from jurisprudence, therefore, in order for the court to be won, a family lawyer should be involved in the case.

The decision taken by the court means that from the very beginning such a marriage had no legal force. A lawsuit cannot be satisfied if the marriage has already been dissolved or if one of the spouses has died.

If the claim for recognition of the marriage as invalid is satisfied, the court undertakes to send an appropriate extract from the decision to the registry office at the place of registration of the marriage. Confirmation of the dissolution of marriage will be the corresponding certificate issued by the registry office.

Consequences of declaring a marriage invalid

The recognition of a marriage as invalid returns the interested party to the legal status that he had before the marriage. In this case, the jointly acquired property is divided by the court between the spouses according to the law.

After the marriage between the spouses is declared invalid, they both lose their rights to:

  1. receipt of any benefits for the loss of a breadwinner, in the event of the death of one of them;
  2. residence or use of each other's living space;
  3. use of other property of each other;
  4. spouse's surname;
  5. inheritance after the death of each other's property.

The last paragraph suggests the person's name.

Legal consequences of declaring a marriage invalid:

  • the marriage is completely annulled;
  • the marriage contract expires;
  • both spouses in any official documents may not mention this marriage union as having taken place.

A conscientious spouse may demand in court compensation for both moral and material damage caused to him. If his claim is satisfied, he can keep the surname that he received at the time of marriage. A conscientious spouse can request material maintenance for himself through the court.

The recognition of the fact of the invalidity of a marriage does not in any way affect the rights of children born in such a marriage or within 300 days after its dissolution by the court. This means that parents are not released from the obligation to support their children. The division of acquired property will be different than in a normal divorce. The property will be considered shared and the spouse will have to return everything received during the fictitious marriage from the second spouse.

The current criminal law does not contain any measures of responsibility when declaring a marriage invalid or fictitious. In its essence, a marriage declared invalid is one of the measures to protect the restoration of violated rights and does not entail any encumbrances for the spouses.

The institution of marriage in our country has its own direction of development, so the state, through legislation, monitors the rights of both spouses in a civil union. If they are violated, then the marriage can be dissolved. But if initially the marriage was concluded in a fraudulent way, then it can be annulled.

A marriage is recognized as invalid from the date of its conclusion only in a judicial proceeding in case of violation of the established conditions for its conclusion, as well as in the event of a fictitious marriage (Article 27 of the RF IC).

Grounds for declaring a marriage invalid

A marriage can be declared invalid in court on the following grounds (Article 12 -, paragraph 3 of Article 15, paragraphs 1, 2 of Article 27 of the RF IC):

1) the absence of mutual voluntary consent of a man and a woman;

2) not reaching the age of marriage (as a general rule, 18 years);

3) the spouses are close relatives - parent and child, grandfather (grandmother) and grandson (granddaughter), brother and sister, adoptive parent and adopted child;

4) recognition of one of the persons entering into marriage by the court as incapacitated due to a mental disorder before marriage;

5) fictitious marriage (without the intention of the spouses or one of them to start a family);

6) at least one of the spouses is already in another registered marriage;

7) concealment by one of the spouses from the other of the presence of venereal diseases or HIV infection.

The list of grounds for declaring a marriage invalid is exhaustive and not subject to broad interpretation. Given this, a violation of the established requirements for the procedure for concluding a marriage (for example, registering a marriage before the expiration of a month from the date of filing an application with the registry office) cannot be a basis for declaring a marriage invalid (clause 23 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated 05.11.1998 N 15 ).

The procedure for declaring a marriage invalid

Step 1. Determine if there are grounds for invalidating the marriage and gather evidence

For example, in order to recognize a marriage as invalid due to its fictitiousness, it is necessary to prove the absence of the intention to create a family, which is understood as persons related by kinship or property, living together, leading a joint household, connected by mutual rights and obligations. Evidence can be the testimony of witnesses about separation after marriage, the absence of any kind of communication between the spouses, refusals to provide material assistance and maintenance. At the same time, actions of the spouse or both spouses aimed at obtaining some benefit must take place (Article 1 of the Law of October 24, 1997 N 134-FZ).

Step 2. Draw up a claim for recognition of the marriage as invalid and submit it to the court

Interested parties at any time after the conclusion of the marriage may apply to the court to declare it invalid, since the limitation period does not apply to these cases. An exception is cases of invalidating a marriage, when one of the persons entering into marriage hid from the other person the presence of a venereal disease or HIV infection. The limitation period is one year (clause 4, article 169 of the RF IC; article 181 of the RF Civil Code).

The procedure for recognizing a marriage as invalid begins with the filing of a claim with the court by the interested person. In this case, a state duty of 300 rubles is paid. (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation; article 28 of the Code of Civil Procedure of the Russian Federation).

In the statement of claim, note that you are demanding not only to recognize the marriage as invalid, but also to cancel the record of the registry office on the registration of marriage. You also need to state the circumstances that indicate the invalidity of the marriage.

The right to demand recognition of marriage as invalid (Article 28 of the RF IC):

1) a minor spouse, his parents (persons replacing them), the guardianship and guardianship authority or the prosecutor, if the marriage is concluded with a person who has not reached marriageable age, in the absence of permission to enter into marriage before this person reaches marriageable age. After the minor spouse reaches the age of eighteen years, only this spouse has the right to demand recognition of the marriage as invalid;

2) a spouse whose rights are violated by marriage, as well as a prosecutor, if the marriage is concluded in the absence of the voluntary consent of one of the spouses to conclude it: as a result of coercion, deceit, delusion or impossibility due to their condition at the time of state registration of marriage to understand the meaning of their actions and manage them;

3) a spouse who did not know about the existence of circumstances preventing marriage, a guardian of a spouse recognized as legally incompetent (guardianship and guardianship authority), a spouse from a previous undissolved marriage, other persons whose rights have been violated by the conclusion of such a marriage;

4) a prosecutor, as well as a spouse who did not know about the fictitious marriage in case of entering into a fictitious marriage;

5) a spouse from whom the other spouse hid the presence of a venereal disease or HIV infection.

Note. A marriage cannot be declared invalid after its dissolution. The exception is cases where the spouses have a degree of kinship prohibited by law or the state of one of the spouses at the time of marriage registration in another undissolved marriage. In these cases, a claim for recognition of a marriage as invalid may be considered by the court after the cancellation of the decision to dissolve the marriage ( paragraph 4 of Art. 29 RF IC; item 24 Decrees of the Plenum of the Supreme Court of the Russian Federation dated 05.11.1998 N 15).

Step 3. Take part in court hearings and get a court decision

The total period for the consideration of the case and the issuance of a decision by the district court should not exceed two months (Article 154 of the Code of Civil Procedure of the Russian Federation).

The decision of the court shall enter into force upon the expiration of the period for appeal, if it has not been appealed. At the same time, the time limit for filing an appeal is one month from the date of the final decision of the court (part 1 of article 209, part 2 of article 321 of the Code of Civil Procedure of the Russian Federation).

Legal consequences of declaring a marriage invalid

A marriage declared invalid by a court, as a general rule, does not give rise to any mutual rights and obligations of the spouses, with the exception of cases established by law (Article 30 of the RF IC):

1) property acquired during the period of an invalid marriage, as a general rule, does not become the joint property of the spouses. The provisions of the Law on Shared Ownership apply to this property;

2) the marriage contract entered into by the spouses is invalid;

3) a spouse whose rights are violated by an invalid marriage has the right to demand from the other spouse the payment of alimony to him in accordance with family law, compensation for moral damage; the right to keep the surname taken by him during the state registration of marriage;

4) the recognition of a marriage as invalid does not affect the rights of children born in such a marriage.

One of the methods for terminating a marriage is to declare it invalid.

This process, unlike, relieves former spouses of mutual obligations and rights in relation to each other.

Marital relations are regulated by the Family Code.

It spells out clear grounds on which a registered marriage can be declared invalid.

Invalid marriage is an official term prescribed in Articles 12-14, as well as Part 3 of Article 15 of the Family Code. It means an illegally concluded marital union, requiring termination by force. The invalidity of marriage is regulated by Article 27 of the Family Code of the Russian Federation.

Grounds and conditions for recognizing marital relations as illegal

The Family Code provides for the rules by which marriage can be declared illegal.

These, according to Article 27 of the said document, include:

  • People got married without the goal of starting a family ();
  • Relationships are registered forcibly, under the influence of deceit and delusion;
  • Married - close;
  • The spouses are the adopter and the adoptee;
  • Both spouses (or one of them) have not reached the date when marriage is allowed, or, in the manner prescribed by law, have not received early registration;
  • Both (or one of the spouses) are in an undissolved marriage;
  • One of the spouses at the time of marriage hid from the other the presence of sexually transmitted diseases or HIV;
  • Both (or one of the spouses) are recognized by the court as incompetent due to mental illness.

The above list is exhaustive. No other reasons can serve as a basis for recognizing marital relations as invalid.

The practice is such that most often a marriage is declared invalid due to its fictitiousness.

To do this, you need to prove:

  1. At the time of the marriage, both (or one of the spouses) did not have the intention to create;
  2. After the registration of the marriage, the spouses were not actually connected by a common life and family relations.

Invalidity of marriage with a citizen of another state

The invalidation of a marriage concluded with a foreigner is regulated by Article 159 of the Family Code.

The place where the marriage was concluded plays a decisive role in the consideration of the case:

  • If registration was carried out on the territory of Russia within the framework of applicable laws, then the issue of the invalidity of family relations will be considered within the framework of the legislation of our country;
  • If a marriage is contracted abroad with the application of foreign law, then its invalidity is determined by the laws of another country.

Who can demand that a marriage be declared invalid?

The recognition of marital relations as illegal is carried out through. As a rule, the spouse whose rights have been violated is treated with. If we are talking about, relatives, guardians or a prosecutor can contact the representatives of the law.

So, to file a claim for recognition of the relationship as fictitious, in accordance with Article 28 of the Family Code, can:

Appeals from other persons will not be considered by the court..

The procedure for recognizing a fictitious family

To declare a marriage illegal, the following is provided:

Filing a lawsuit in court (the defendant is an unscrupulous spouse)

The following documents are required to submit it:

  • Receipt of payment of state duty;
  • and the birth of common children;
  • Claimant's passport;
  • Compiled in free form with the requirement to dissolve the marriage and cancel the entry in the registry office, a statement of claim, as well as documents confirming the invalidity of family relations.

Usually courts do not delay consideration of such statements of claim.

Appointment of the date of the court session

During which the court will examine all the circumstances of the case, listen to the opinion of the parties. If enough evidence of the fictitious marriage is provided, the claim will be satisfied.

As an evidence base, really good reasons are needed. For example, the fact of separation is not due to a banal quarrel, but precisely due to the fact that one of the parties did not set the goal of marriage to create a family.

If the court is won, this means that the marriage had no legal force from the moment it was concluded. After that, within 3 days, the court sends to the registry office that carried out the registration of marriage. Confirmation of the dissolution of marriage is the corresponding certificate issued by the employees of the registry office.

A lawsuit cannot be satisfied if at the time of the meeting:

  • One of the spouses has died;
  • The marriage has already been dissolved.

It is necessary to separately highlight cases of contesting the correctness of records, produced by employees. We are talking about when the entry was made using falsified documents, without the knowledge or personal presence of one of the persons allegedly entering into marriage. In this case, it is impossible to speak about the fact, respectively, and it is also impossible to recognize it as invalid.

It is worth noting that in the course of the court session, the marriage can be recognized as valid. Art. 29 of the Family Code. This decision is called marriage sanitation. He is not obligated, but has the right to adjudicate.

This is appropriate when, on the date of the consideration of the case, the circumstances preventing the conclusion of marriage disappear:

  • Each spouse has reached the legal age for marriage;
  • Husband and wife actually created a family;
  • Recognition invalid or termination of a previous marriage.

Sanitation is not possible under any circumstances if the family relationship is registered between:

  • close relatives;
  • Guardian and guardian.

Consequences of the decision to invalidate the marriage

The recognition of a marriage as invalid from the date of its conclusion leads to the following:

  • According to paragraph 2 of article 30 of the Family Code of the Russian Federation, the marriage contract between the spouses (if any) is declared invalid, and its terms are not legally binding;
  • Property acquired by a man and a woman during marriage is recognized as shared property, to which the norms of the Civil Code of the Russian Federation apply. This means that one of the former spouses may demand from the other in court the allocation of the share due to him in kind or in cash. In addition, the parties to the marriage may agree on the division of property.

When entering into a new union, former spouses may not indicate that they were previously in a fictitious marriage.

It is worth noting that:

Recognition of a marriage as invalid does not infringe on the rights of children born in it.

A conscientious spouse has the right:

  • Recognize partially or fully valid marriage contract (if any);
  • Save received in marriage;

Demand from the unscrupulous spouse compensation for the harm caused:

  • material and moral, as well as to use the rules applicable to the shared property of spouses;
  • Receive alimony from your ex-spouse.

One of the spouses can be recognized as conscientious on the basis of paragraphs 4 and 5 of Article 30 of the Family Code.

Unfortunately, situations are not uncommon when people get married without the goal of creating a family, but guided by other intentions. Having learned about this, the second spouse hurries to file for divorce, forgetting about a more profitable way to resolve the issue - recognizing family relations as invalid.