Recognition of marriage as invalid in Ukraine
In the article “Recognition of marriage as invalid” I will talk about the recognition of a marriage as invalid, about the reasons for the recognition of a marriage as invalid, the consequences of the recognition of a marriage as invalid and their features, as well as about the recognition of a marriage with a foreigner as invalid.
Be sure to read the article “Recognition of marriage as invalid” on the website advokat-family.com.ua to the end and learn a lot of interesting things about declaring a marriage invalid.
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In what cases is a marriage invalidated in Ukraine?
A marriage is declared invalid if the conditions necessary for the conclusion of a family union are violated. An officially registered marriage in the state registration authorities in violation of the norms of family law may be invalidated in the manner prescribed by law.
The Family Code of Ukraine divides invalid marriages into categories:
- completely invalid;
- invalid on the basis of a court decision.
To declare a marriage invalid, you should apply to the registry office / civil registry office at the place of marriage or to the court at the registered place of residence of the defendant.
Grounds for declaring a marriage invalid in Ukraine
Within the framework of the Family Code, the grounds for declaring a marriage invalid are fixed:
- when one of the spouses was in an official marriage at the time of registration of the remarriage;
- when the spouses are close relatives;
- when one of the spouses is incapacitated.
With documentary confirmation of these circumstances, the annulment of the marriage takes place in an administrative manner, without resorting to the involvement of the judiciary. The abovementioned circumstances grossly violate the legal norms governing the procedure of solemnizing a marriage and do not require further proceedings in court.
A marriage is declared invalid on the basis of a court decision if it was entered into under the coercion of one of the spouses. The lack of will for state registration of marriage can be qualified as coercion, under the conditions of mental disorders, alcohol or drug intoxication of one of the spouses. The invalidity of the marriage is recognized on the basis of a court decision if the fastidiousness of such a marriage is proven.
A fictitious marriage is a marriage entered into without the intention of a man and a woman to create a family union and acquire spousal rights and obligations. In practice, a sham marriage always pursues selfish gains.
Consequences of invalidation of marriage and their peculiarities in Ukraine
Recognition of a marriage as invalid entails certain consequences, namely, the cancellation of all matrimonial rights and obligations granted to spouses upon marriage, in accordance with the Family Code and other laws of Ukraine. If the spouses purchased property during the invalid marriage, then it is considered that it belongs to them by the right of common shared ownership.
The Civil Code of Ukraine established the norm according to which, if alimony was paid to one of the spouses in an invalid marriage, then the amount of money received must be returned. However, the period of payments, according to which the return takes place, should not exceed three years.
The spouse who has moved in the housing of the other spouse, due to the registration of an invalid marriage, does not receive the right of residence and may be evicted.
After the marriage is declared invalid, the spouse who has changed his surname during the registration of the marriage has no legal basis to take the marriage surname in the future. All documents are subject to replacement, without exception.
The invalidity of a marriage does not entail the abolition of the rights and obligations of the spouses in relation to the child born in marriage.
We recommend that you familiarize yourself with the website of the family lawyer Scriabina D.S. also with the following topics: divorce, alimony, division of spouses’ property, deprivation of parental rights, divorce from children, divorce from a prisoner, divorce from a foreigner, divorce through a registry office, divorce through a court, court decision on divorce, divorce certificate, terms of divorce, cost services for divorce.
Recognition of marriage with a foreigner invalid in Ukraine
The practice of marrying a foreigner in Ukraine is quite common today. However, even in the most joyful moments of life, one should not forget about the legal difficulties. Marrying a foreigner, you should think about the procedure for declaring the marriage invalid and its possible dissolution.
The question of the invalidity of marriage with foreigners is in the competence of the judicial authorities.
The most common reason for a marriage to be invalidated is that it is fictitious. Pursuing selfish motives, in order to obtain a residence permit or citizenship, foreigners try to enter into marriage with the Citizens of Ukraine.
Thus, foreigners ignore the norms of the Family Code of Ukraine, which provide the registration of the marriage with the aim of creating a family and acquiring matrimonial rights and obligations.
In addition, the situation is quite common when a foreign spouse hides information that he is officially married in the country of his citizenship, thereby violating Art. 25 of the Family Code of Ukraine – monogamy.
The situations described are only the most common; in addition, there are a number of grounds for declaring a marriage with a foreigner invalid.
Turning to a family lawyer, the deceived citizens of Ukraine want to restore justice and invalidate the marriage. However, in practice there is a more simplified solution to the problem.
Based on many years of experience, the lawyer offers clients to dissolve the marriage through the court quickly on the basis of a statement of claim, without the presence of the parties. In order to dissolve the marriage, it is enough to convince the court that the claims are expedient, correspond to the will of the plaintiff, and the preservation of the marriage would be contrary to the interests of the spouses.
A divorce lawyer will also advise on that how to file for divorce in a closed court session.
Along with the fact that when considering a case on recognizing a marriage as invalid, since marriage in Ukraine is based on the principle of voluntariness. Coercion to register a marriage and his marriage is invalid, the court is guided by Art. 118 of the Civil Procedure Code of Ukraine. To satisfy the statement of claim, evidence is necessary, which in practice is rather difficult to collect and to document.
However, it should be noted that a family lawyer builds a strategy of action only after a thorough analysis of all the nuances of your case.
Contact an experienced family lawyer, Alexei Nikolayevich Scriabin, and a step-by-step algorithm of actions will be developed for you in order to obtain a positive result as soon as possible!
Consulting a professional divorce lawyer is a guarantee of your success. Contact the lawyers of our company in any way convenient for you – call or write to messengers. We will help you resolve your issue quickly and efficiently.
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If you have any questions, then write them to us by e-mail skriabinadvokat@gmail.com and I will definitely answer you.
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