Recognition of marriage as invalid: grounds, court

The legislation of the Russian Federation provides for such a procedure as declaring a marriage invalid. Such a decision can only be made in court at the request of an interested person.

When the decision comes into force, it is important to ensure all the rights of conscientious citizens and minor children.

That is why all questions about the procedure and the consequences of the decision deserve special attention.

Grounds for recognizing the invalidity of a marriage

A marriage is declared invalid on the basis of Article 27 of the Family Code of the Russian Federation (RF IC) and is based on a violation of the conditions for marriage established by law.

The following grounds are recognized as legal:

1. Violation of the principle of voluntariness of marriage, provided for in paragraph 1 of Article 12 of the RF IC.
2. Marriage in violation of the age limit established by Article 13 of the RF IC.
3. Concealment of one of the parties to a sexually transmitted disease or AIDS (clause 3 of Article 15 of the RF IC).
4. The presence of legal obstacles to marriage in accordance with Article 14 of the RF IC, namely in the case when one of the persons is already in a registered marriage, or in a union between close relatives (adoptive parents and adopted children).
5. Incapacity of one of the parties (recognized in court) due to mental illness at the time of marriage (Article 14 of the RF IC).
6. Lack of real intentions to start a family, i.e. fictitiousness (clause 1 of article 27 of the RF IC).

Any of these circumstances can become a legal basis for a court decision if there is appropriate evidence.

Legal consequences

According to Article 10 of the RF IC, when a court decision is made, a marriage is recognized as invalid from the moment of its conclusion. The court, within 3 days, sends the extract to the territorial registry office where the marriage was registered. In accordance with the Law of the Russian Federation dated November 15, 1997 No. 143-FZ (Article 75), the registration entry is canceled, and the corresponding stamp is placed in the spouses’ passports.

The consequences of declaring a marriage invalid are stipulated in Article 30 of the RF IC. A legally accepted decision indicates the restoration of all rights and relations that existed between the parties before the marriage. If there was a marriage contract, it is annulled.

Acquired property during the period of illegal relations is not recognized as jointly acquired property.

A law-abiding citizen who did not know the actual circumstances of the illegal marriage and whose interests were violated has the right to moral and material compensation from the spouse.

The guilty party is deprived of the following rights:

• spouse's surname;
• use of the living space of the spouse who owned it before marriage;
• inheritance by law of the spouse's property;
• pension assigned in case of loss of a breadwinner.

It is important to take into account that when a marriage is declared invalid, the rights of a joint child born after registration and before a court decision or within 9 months after the court decision should not be violated. In other words, the presumption of paternity of the former spouse is recognized (by analogy with a valid marriage) with corresponding obligations to support the child until the absence of relationship is proven.

How to invalidate a marriage: procedure and procedure

Only a court can declare a marriage illegal based on a claim from an interested person who has such a right.

Before going to court, it is necessary to collect evidence of the illegal actions of one of the parties, namely: supporting documents, video and photographic evidence, witness statements, etc.

The court makes a decision only after considering all the circumstances of the case and receiving irrefutable evidence.

Who can demand the annulment of a marriage?

The following persons have the right to file a claim:

1. A spouse who was unaware of the other party's true goals.
2. In case of violation of the age limit - the guardianship and trusteeship authorities, the prosecutor, the parents of the minor. After reaching 18 years of age, the spouse himself can apply.
3. Violation of voluntariness – spouse, infringed rights and prosecutor.
4. If one of the parties is incapacitated, the guardian of the incapacitated person is appointed.
5. If there is a previously registered marriage, the spouse of the previous marriage.

Important! Regardless of the grounds for recognizing the invalidity of a marriage, a prosecutor, a respectable spouse and persons whose legal rights have been infringed (children, heirs, creditors, dependents, etc.) can go to court.

Terms of recognition

In accordance with Article 154 of the Code of Civil Procedure of the Russian Federation, the period for consideration in the district court should not exceed 2 months from the date of filing the statement of claim. Within 1 month, the losing party has the right to appeal the decision, after which it acquires legal force. Next, within 3 days the court sends an extract of the decision to the registry office.

Limitation of actions

There is no statute of limitations on filing a claim. It can be filed by the above person at any time, even after the death of the spouses. The only exception is concealment of the disease. In this case, the limitation period is set to 1 year (clause 4 of article 169 of the RF IC, article 181 of the RF Civil Code).

Statement of claim for recognition of marriage as invalid

The judicial procedure is carried out on the basis of a statement of claim by a person entitled to do so. It will be considered subject to the existence of a legal basis, and therefore must clearly define the violated norm of the Law.

The application must be accompanied by documents confirming the marriage and evidence of its invalidity. The essence of the complaint and the request for a decision must be stated.

A copy of the application will be sent to the defendant indicating the date of the court hearing.

Sample claim

When filing a claim, it is recommended to adhere to a certain form, which facilitates judicial review. Below is a sample of this document.

The title of the claim indicates the name of the district (city) court where the application is sent (“To the _________ district court of the ________ region”). Next, information about the plaintiff and defendant is indicated - full name, address, contact details (telephone).

The full name of the document is “CLAIMS FOR RECOGNIZING THE MARRIAGE NULL.”

The main part contains the following points:

1. Date and place of marriage with the defendant.
2. Actual relationships after marriage (cohabitation, common property, whose living space, presence of children and dependents, etc.).
3. Violations committed during the marriage or evidence of its fictitiousness. The grounds must comply with Article 27 of the RF IC. Example of an entry: “After marriage, it turned out that the spouse was sick with a venereal disease and knew about it before the marriage. He didn't notify me about this. The fact of the presence of the disease was revealed during a medical examination, and the infection occurred no more than 6 months ago (supporting documents and a doctor’s report are attached).”

The request for a decision is stated in the form: “In accordance with Art. Art.

12-14, 27 of the RF IC, I ask you to recognize the marriage between me and the defendant (full name), registered (date) by the civil registry office (name), registration record (number), as invalid.”

Additionally, a request for compensation for moral or material damage may be made, and if there is joint property, a determination of shares. The required documents are attached to the application. A signature and date of submission are included.

Where to submit

The statement of claim is filed with the district or city court at the defendant’s place of residence.

Documentation

The following documents must be attached to the application:

• plaintiff's identity card (passport);
• marriage certificate;
• documents confirming the illegality of the marriage;
• a copy of the claim to be sent to the defendant;
• receipt of payment of state duty.

In case of an additional request, documents for the joint child, common property and real estate are attached. As evidence, medical certificates and reports, evidence (written, audio or video recordings) of threats, a copy of another marriage certificate, witness statements, etc. can be attached.

State duty amount

When filing a statement of claim, a state fee is paid in accordance with paragraph 3, paragraph 1, Article 333.19 of the Tax Code of the Russian Federation. Currently it is 300 rubles.

Arbitrage practice

For a court to recognize the illegality of a marriage is a difficult decision that requires careful analysis to prevent unjustified infringement of the rights of citizens. Evidence must be irrefutable and not subject to double interpretation.

A fairly common option is fictitiousness. It is especially important to make the right decision in the event of the unexpected death of one of the spouses, when a fictitious spouse becomes the heir of the first priority. In this case, the legal heirs have the right to file a claim to have the marriage declared invalid.

The following circumstances are accepted as signs of fictitiousness:

• spouses do not communicate with each other after marriage;
• no intimate relationships and moral support for spouses;
• spouses do not know the obvious facts of each other’s lives;
• spouses do not live together without reasons explaining this fact;
• there is no common property and family budget;
• the marriage was not concluded to create a family, but for another purpose (for example, obtaining Russian citizenship, evading conscription, etc.).

An important role in evidence is played by witness testimony, receipts, correspondence, incl. by email.

Often, a fictitious marriage interferes with the conclusion of a real one and the spouse files a lawsuit. It is important to understand that the court may refuse to satisfy the request (Article 28 of the RF IC). The fact is that when concluding a fictitious agreement, both parties knew about the illegality of the deal, and therefore there is no one culprit. In this case, you will have to dissolve the marriage in the usual manner.

When marrying a minor, the guardianship authority or the parent of such spouse can file a claim.

When the spouse turns 18 years old, invalidity can be declared at his request or at the request of interested parties, if actual cohabitation does not work out.

If there is complete order and harmony in the family, then the court may refuse to make a decision, despite the legality of the grounds. In this case, a citizen who has reached the age of majority can already take responsibility.

The court makes a decision taking into account the moral and material damage suffered by the conscientious spouse. So he can apply Art. 90 and 91 of the RF IC, establishing alimony for the maintenance of the former spouse.

A previously dissolved marriage may also be declared invalid. To do this, it is necessary to first cancel the divorce decision, and then consider the legality of the marriage itself.

Division of property when a marriage is declared invalid

The court's recognition of the illegality of the marriage eliminates the concept of jointly acquired property, but in some cases its division is necessary to defend the rights of the injured party and minor children. Indeed, in some cases the property is actually shared.

Living together is possible, for example, if the voluntary nature of marriage is violated, if a minor gets married, if the above diseases are detected, or if there is another registered marriage.

Moreover, children may be born in an illegal marriage who should not suffer after the court’s decision.

Taking into account the real circumstances, the court may be guided by Art. 34, 38 and 39, relating to valid marriage and joint property. According to these articles, the division of common property can be carried out and the shares of the spouses in it can be determined. A marriage contract may be declared invalid in whole or in part.

What is the difference between ending a marriage and declaring a marriage invalid?

Marriage relationships can be terminated by official dissolution or declaration of invalidity. These processes differ significantly from each other:

1. Grounds for termination. The grounds for termination may be a mutual decision of the spouses or the impossibility of preserving the family. To be declared invalid, illegal actions are required, as defined by Article 27 of the RF IC.
2. Upon dissolution, marital rights and obligations cease to apply from the moment the decision is made. An invalid marriage expires from the moment of its conclusion.
3. A marriage can be dissolved in the registry office or in court, and declared invalid only in court.
4. Termination is carried out in accordance with the marriage contract (if there is one), and in the second case the contract is also declared invalid.
5. During a divorce, the issue of division of joint property is resolved. Recognition of a marriage as invalid implies the exclusion of the concept of jointly acquired property. The court can recognize the right to it only for the injured conscientious spouse.

With regard to minor children, both types of termination of marriage do not differ. The court strictly takes the position of ensuring their rights.

At its core, a registered marriage is a voluntary union of 2 people with the goal of creating a family, in the absence of legal obstacles to this. If its basic principles and goals are violated, then it is declared invalid.

Such a decision can only be made by a court based on the claim of the injured party, based on legal grounds. All obligations and rights, in this case, cease from the moment of marriage.

At the same time, the rights of a conscientious spouse and minor children are protected by law.

Recognition of marriage as invalid in Russia

According to the laws of the Russian Federation, only officially formalized relationships between a man and a woman are recognized as marriage. It is the marriage registered in accordance with the current legislation in the registry office that is civil. Cohabitation does not bear any legal consequences for its participants, except for obligations to common children.

How is a marriage declared invalid?

The concept of “invalidity of marriage” applies only to officially registered relationships and is used in cases provided for by current legislation.

At the same time, only the judicial authorities are vested with the power to declare marital relations invalid.

You can dissolve a marriage yourself, but even if the parties recognize its invalidity, this will not entail any consequences.

Recognition of a marriage as invalid is a unilateral expression of the will of one of the spouses or persons interested in the dissolution of the marriage (representatives, guardians for the incapacitated, for example).

Grounds for recognizing the invalidity of a marriage

To declare a marriage union illegal with the subsequent termination of marital relations, one of the grounds provided for by family law, set out in Art. 12-14 IC of the Russian Federation.

According to part one of Article 12 of the RF IC, the mandatory conditions for entering into a marriage relationship include the voluntariness of the decision made and reaching the age of marriage.

Article 14 of the RF IC establishes the following restrictions on marriage:

• marriage of a citizen already in an official marital relationship;
• registration of marriage between persons who are closely related, as well as between adopted children and their parents;
• entering into official relations with a person declared incompetent due to mental illness;
• marrying a person who hid the presence of HIV infection or a sexually transmitted disease;
• fictitiousness of registered relationships.

All of the above conditions can serve as grounds for invalidating a marriage union registered in the registry office. The validity of official relations is challenged in court.

Legal consequences

If the plaintiff manages to prove the validity of the stated claims, the marriage is declared invalid, and the following legal consequences occur for its participants:

1. Termination of marital relations, accompanied by registration with the civil registry office. Moreover, regardless of the duration, a previously formalized union is declared invalid from the moment of its official registration, that is, from the date of conclusion. All legal consequences associated with it are annulled, except for the recognition by the father of a child born in marriage that was subsequently declared invalid.
2. Recognition of the invalidity of the marriage contract. If at the time of marriage the spouses have drawn up an agreement, in the event of the marriage union being declared invalid, the property acquired during the years of marriage is considered to be the common shared property or the common joint property of the persons;
3. Preservation of the rights of a child born in such a marriage, or until the expiration of three hundred days after the court decision. Thus, the invalidity of a marriage does not limit or exempt spouses from fulfilling parental responsibilities, including the financial support of a minor. It is impossible to formalize a voluntary renunciation of paternity due to the invalidity of the marriage.
4. The ability of a conscientious spouse to demand from the spouse who violated his rights compensation for material and moral damage in accordance with the procedure established by civil law.
5. The right of a law-abiding spouse to retain the surname that he chose upon marriage.

How to invalidate a marriage: procedure and procedure

As noted above, recognition of a marriage union as invalid is possible only in court. To do this, it is necessary to comply with a number of conditions established by civil procedure legislation.

Who can demand the annulment of a marriage?

The list of persons who can demand in court the invalidity of a marriage union is established in Art. 28 IC RF. Among them:

1. A minor spouse, if the marriage is concluded between persons or one person who has not reached the age of majority. Along with minors, the legal representatives of the spouse or the prosecutor have the right to demand the invalidity of a marriage;
2. A spouse who did not know about the circumstances leading to the illegality of the marriage or a spouse whose rights were violated by the marriage;
3. The prosecutor, if he became aware of the fictitiousness of the marriage or the conclusion of an alliance under pressure, deception or coercion;
4. Guardianship authority, if the spouse in whose interests the institution submits the application needs additional guardianship.

Any of the listed entities has the right to file a claim in court.

Statement of claim for recognition of marriage as invalid

Depending on the reason, the initiator of declaring the marriage union invalid may be any entity from the list above.

The document is drawn up in writing, but no one bothers you to fill it out by hand. But remember - if the statement of claim is not readable, the judge has every right to return it or leave it without movement for retraining.

How to file a claim correctly

The claim is filed according to the general rules of civil procedural law. The standard application form must include:

Mandatory partContent
Header of the application Indication of information about the court, the applicant, the defendant and third parties (citizens and organizations interested in the outcome of the case, involved in participation in the process). Main part Describes the essential circumstances of the case, including arguments in favor of the plaintiff (evidence of the defendant’s guilt), as well as references to the rules of family law that serve as the basis for going to court and other relevant provisions of the law. The pleading part consists of a statement of the essence of the requirements, supported by the norms of family and civil procedural legislation. In this part, it is necessary to indicate the provision - the basis for recognizing the invalidity of marriage relations (Part 1 of Article 27 of the RF IC). Appendix This part of the claim contains a list of documents attached to the application as evidence of the validity of the plaintiff's claims.

At the end of the application, the personal signature of the applicant and the date of preparation of the document must be placed. If the claim is filed on behalf of the principal, the application may contain the signature of his legal representative, and the attachment includes a copy of the notarized power of attorney issued in the name of the plaintiff’s representative.

Sample claim

• It is best to entrust the preparation of documents in the case of invalidation of marriage to professionals.
• But if you really want to prepare your claim and all the necessary documents yourself, you can use the sample below.

To avoid serious consequences, we strongly advise you to consult with experienced lawyers on our site. They will tell you whether all the circumstances you need are correctly identified and evaluate the work done. Consultation is free.

Where to submit

Civil cases on recognition of the invalidity of a marriage concluded between spouses are considered by district and city courts of general jurisdiction.

The choice of court is carried out in accordance with the actual address of residence of the defendant known to the applicant, or at the place of his registration. In certain cases, if the place of residence of the defendant is unknown, it is allowed to file a claim at the place of residence of the plaintiff.

Documentation

The evidence base may vary depending on the basis. The main documents of the application are:

• marriage certificate;
• a copy of the applicant's passport;
• payment document confirming payment of the duty.

In addition to the main documents, the application may include documentary evidence of the defendant’s guilt.

It can be:

• a medical report indicating a sexually transmitted disease at the time of marriage and proving the fact that the spouse was aware of it;
• a document confirming the fact of a previously registered marriage and other certificates);
• audio, video and photo evidence;
• witness statements.

In this case, witness testimony is considered both written and oral (voiced during the trial).

State duty amount

Like any other claim, this application, when sent to court, is subject to a state fee, the amount of which primarily depends on the nature of the claims.

If the plaintiff demands that the marriage be declared invalid without presenting property claims (for example, for the division of property), the amount of the state duty is determined on the basis of clause 3, part 1, art. 333.19 Tax Code of the Russian Federation.

In this case, the applicant must pay a fee of 300 rubles before filing a claim in court.

Property division

Quite often, such claims in Russia are accompanied by demands for the division of joint property. If such a property conflict exists, the demand for division can be made both as part of a claim for annulment of the marriage, and after the court makes a decision.

In any case, the division is made in accordance with the norms of family law. By law, former spouses have the right to receive half of the property acquired during the marriage. However, if the marriage is declared invalid, the property is recognized as joint and is subject to division in accordance with the norms of civil law.

In practice, this looks like common property, registered in shares. Moreover, in accordance with Part 2 of Art. 30 of the RF IC, in the event of annulment of a marriage, the previously concluded marriage agreement of the spouses is declared invalid. Consequently, the former spouse has no right to demand division of property on the basis of a marriage contract.

 

After the annulment of a marriage, in contrast to the termination of the marital relationship due to divorce, as a rule, each spouse remains with the property of which he is the owner according to the documents (that is, whoever has what is written on him remains with it).

Simultaneously with the recognition of the marriage as invalid, the judge may reserve the right of the injured (bona fide) spouse to collect alimony and divide property in accordance with the norms of family law, that is, to divide the property between the spouses in half. In addition, at the discretion of the court, the law allows recognition of the validity of a previously concluded marriage contract, or partial annulment of the latter.

It is important to understand that in the absence of sufficient legal grounds, the court will not accept responsibility for annulment of a marriage concluded between spouses, therefore it is more appropriate to place the burden of drawing up a claim and representing the interests of the plaintiff in court on an experienced lawyer specializing in the field of family law.

Arbitrage practice

It is impossible to derive any uniform practice for considering cases of invalidity of marriage. Even on the same grounds, cases can be considered with completely different results, sometimes unsettling both lawyers and the parties.

Case No. 2-744/2017 of the Zamoskvoretsky District Court of Moscow. The plaintiff demanded that the marriage be declared invalid due to the husband’s concealment of the presence of a sexually transmitted disease, which he knew about, but did not inform her at the time of marriage.

At the meeting, it was found out that the plaintiff’s husband actually underwent an examination at the medical center *** three months before the marriage, as a result of which he received a medical certificate confirming the presence of the disease.

This fact was an unconditional basis for declaring the marriage invalid and the court granted the claim.

However, not everything is as simple as shown in the example above. Most often, cases of declaring marriage invalid are complicated and legally complex disputes, which are almost impossible to resolve without the help of a lawyer.

Need a lawyer

The procedure for declaring a marriage invalid is one of the most complex legal tasks in family law, comparable only to disputes about children.

The importance of competently forming a convincing evidence base and preparing all documents for the court can hardly be overestimated - after all, the final verdict of the case depends on them. Ask your questions to our lawyers right now and receive free advice from professionals as soon as possible.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Annulment of marriage

By a court decision, a registered marriage can be declared invalid; until such a decision is made, any marriage is considered legal. Requests for the annulment of a marriage are not subject to a statute of limitations, with the exception of the case of concealment of the presence of a sexually transmitted disease or HIV infection, for which such a period will be 1 year.

If the marriage between the spouses has already been dissolved in court, then the claim for declaring the marriage invalid may be considered by the court, subject to the cancellation of the previous decision on divorce. If the marriage was dissolved by the civil registry office, then the court can consider demands for declaring it invalid only together with demands for annulment of the divorce record.

https://www.youtube.com/watch?v=HrQGBrNfW60

Conditions for the invalidity of marriage

The following conditions are grounds for declaring a marriage invalid:

One of the main conditions for marriage is the mutual voluntary consent of the man and woman entering into marriage and their reaching marriageable age. The age of marriage in the Russian Federation is set at 18 years. Marriage is a voluntary agreement between two equal people; coercion, threats, deception, and violence are unacceptable, otherwise the marriage may be declared invalid in a claim for the invalidity of a marriage entered into without the consent of the spouse.

Signs of a fictitious marriage include:

• lack of communication between spouses;
• lack of intimate relationships, moral support of the spouse;
• ignorance of obvious facts from the life of the spouse;
• lack of cohabitation or a short period of cohabitation without good reason;
• lack of common things, joint budget;
• the presence of goals other than creating a family for the spouse at the time of marriage (examples of such goals include avoiding military service, obtaining citizenship, obtaining a meeting with a prisoner, acquiring a euphonious surname).

It is not permitted to enter into a marriage between persons, at least one of whom is already in another registered marriage. Such a prohibition is based on the recognition of the principle of monogamy, which, in turn, is a reflection of the moral and religious views prevailing in our society. Please note that this only refers to a registered marriage; actual marital relations (cohabitation) are not taken into account.

Marriages between close relatives are prohibited, by which we mean relatives in a direct ascending and descending line (parents and children, grandparents, grandchildren; full and half-siblings (brothers and sisters having a common father (half-blood) or mother (half-brothers). Half-brothers and sisters should be distinguished from half-siblings.

Step brothers and sisters are children of spouses who had children from their first marriage and entered into a new marriage. One of them is a parent for the children, and the other is a stepfather or stepmother. This prohibition is due to both moral considerations and concern for the offspring, since as a result of such marriages, incest occurs and defective children are born.

 

Marriages between adoptive parents and adopted children are prohibited. This prohibition is based on the fact that although in this case there is no consanguinity, in its legal consequences adoption is generally equated to consanguinity. Therefore, allowing marriage between the adoptive parent and the adopted child would be contrary to the rules of ethics.

An obstacle to marriage is the incapacity of one of the persons entering into marriage (incompetent is a citizen who, due to a mental disorder, cannot understand the meaning of his actions or manage them). The ban is based on the fact that such a citizen cannot fully demonstrate conscious will when entering into marriage.

Read also: Claim for division of jointly acquired property: sample, state duty, where to file

If one of the spouses has a sexually transmitted disease or HIV infection, provided that he knows about it and hid it from the other, the affected spouse has the right to demand that such a marriage be declared invalid. In addition, an unscrupulous spouse may be brought to criminal liability; the conclusion of such a marriage constitutes a criminal offense.

The procedure for recognizing a marriage as invalid

The circle of persons who have the right to bring claims for recognition of the invalidity of a marriage is limited. If the recognition of a marriage as invalid is due to the spouse not reaching marriageable age, a statement of claim may be filed by:

• himself a minor
• his parents
• guardianship authority
• prosecutor

After a spouse reaches the age of majority, only he has the right to demand recognition of his marriage as invalid. If the conditions of mutual voluntary consent are not met, as well as in cases of fictitious marriages, a claim for the invalidity of the marriage is filed by: a conscientious spouse or a prosecutor.

In the event of a marriage despite impeding circumstances (the spouse was in another registered marriage, or was declared incompetent, or married a close relative, adoptive parent or adopted child), the following has the right to demand recognition of the marriage as invalid:

• conscientious spouse
• guardian of a spouse declared incompetent
• spouse from previous marriage
• other persons whose rights have been violated (for example, children from a previous marriage, heirs, creditors)
• guardianship authority
• prosecutor

If one of the persons entering into a marriage concealed the presence of a sexually transmitted disease or HIV infection from the other, only the latter can demand that the marriage be declared invalid.

A marriage is declared invalid by the court from the date of its conclusion. The court decision deprives such a marriage of legal significance from the date of its state registration with the registry office, thus no rights and obligations of spouses arise between persons entering into such a marriage, with the exception of the right to division of jointly acquired property.

For a conscientious spouse, it is possible to retain the right to receive maintenance from the other spouse as provided by law, he has the right to demand compensation for material and moral damage, and has the right to retain the surname chosen by him during the state registration of the marriage.

The recognition of a marriage as invalid does not in any way 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.

Consequences of invalid marriage

A marriage can be declared invalid by a court only at the request of an interested party.

The provisions of the Civil Code of the Russian Federation on shared ownership apply to property acquired by persons whose marriage is declared invalid. The marriage contract concluded by the spouses is declared invalid.

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.

Recognition of a marriage as invalid entails annulment of certain other rights of the spouses without an additional decision being made by the court:

• the right to bear the surname adopted during state registration of marriage;
• the right to use the living space of the other spouse when moving into it after marriage;
• rights of inheritance by law after the death of a spouse;
• rights to a survivor's pension.

There are exceptions to these special rules, the purpose of which is to protect the rights of the spouse whose rights were violated during the conclusion of an invalid marriage (the bona fide spouse).

The court has the right to recognize the right of a conscientious spouse to receive maintenance from the other spouse; in relation to the division of property acquired jointly, the court has the right to apply the provisions of the Family Code of the Russian Federation regulating the legal regime of property of spouses.

A conscientious spouse has the right to demand compensation for material and moral damage caused to him according to the rules provided for by civil law, by filing a claim for compensation for damage after the marriage is declared invalid.

In addition, a conscientious spouse has the right, when a marriage is declared invalid, to retain the surname chosen by him during state registration of the marriage.

The legal significance of the institution of invalidity of marriage in family law is that it makes it possible to terminate the legal relationship between spouses that arose during the state registration of marriage from the moment of marriage, to return the spouses to their original legal status.

Recognition of marriage as invalid: concept, grounds, procedure, legal consequences

If a marriage is declared invalid, it is effectively annulled from the moment of registration. This means that spouses are unable to exercise their rights in property disputes, as well as support from their partner in cases established by law. So, how is annulment and invalidation of a marriage carried out in Russia?

Regulatory regulation

This issue is regulated by the RF IC. In Art. 10, 12-14, 15, 27, 28 indicate the grounds on which the relationship registered between the parties is annulled. In addition, judicial practice is important.

Important! The union cannot be declared invalid by contacting the registry office or concluding a contract with your partner. Annulment of a marriage occurs exclusively during a court hearing

The procedure is not as complicated as it might seem at first glance. All that is required is to write a statement (claim), collect a package of documents, and come to the meeting. The decision is sent to the registry office within three days from the date of entry into force.

What grounds can there be for annulment of a marriage?

As already noted, the grounds for declaring official relations invalid are specified in the RF IC. The main ones are:

Lack of consent to marriage on the part of one of the partners. The reasons for this could be many factors. For example, registration of a union for the purpose of obtaining an inheritance, blackmail, insanity of one of the spouses, etc.

Registration of relationships under the age of 18 (16 years upon emancipation). Sometimes the age at which you can enter into a union is reduced. All facts are proven in the prescribed manner with the provision of a certificate.

One of the partners was already in a relationship at the time of registration. The registry office is well aware of this problem and tries to prevent such cases. Therefore, when entering into marriage, the parties submit an act of dissolution of previous unions or death of the spouses.

Marriage is registered between relatives. It is worth noting that marriages are annulled only if a close relationship is established between the persons.

The union is registered between the adopted child and the adoptive parent.

Marriage relations are concluded between persons, one of whom is incapacitated due to a mental disorder. Often such relationships are aimed at manipulating the testator. After the death of one of the spouses, the inheritance of the incompetent may end up in the hands of a criminal.

Concealment of a sexually transmitted disease or HIV by one of the spouses when registering a marriage.

Registration of a union on mutually beneficial terms (fictitious marriage). Most often this happens when a foreigner and a citizen of the Russian Federation marry. Thus, the first one gets the opportunity to purchase a Russian passport.

An annulment of a marriage has significant legal consequences. However, not everyone understands how this procedure differs from divorce. Sometimes such ignorance leads to the fact that partners come to the registry office and ask, instead of dissolving the union, to declare it invalid.

Differences in the legal consequences of divorce and annulment

It is worth remembering that the registration of a divorce differs from the annulment procedure primarily in the number of subjects who have the right to submit a corresponding application. So, in the first case, only spouses act in their role, and in the second - parents, guardianship authorities, prosecutor, and relatives. However, that's not all. The nuances also include:

• base. When divorcing a marriage, you can provide any justification for your decision, including disagreements regarding the management of a joint household. In case of cancellation, the reasons must comply with those specified in the legislation.
• property rights. Divorce leaves spouses with equal rights to joint assets. Declaring the union invalid, in turn, divides the property in accordance with who it is registered in.
• joint children. If a couple has a child, then regardless of the reason for the end of the marriage, both parents must care for him equally.
• status. Dissolution of the union between partners gives the parties rights regarding alimony. During the procedure, the parties receive a document indicating the severance of relations. This is not the case with cancellation. The marriage is simply considered invalid and no documents that the parties could present to receive this or that service (payment) are issued.
• order. Divorce is carried out in the registry office and in court, and the recognition of marriage as invalid is carried out exclusively during the trial.

Important! Violation of the procedure for concluding an alliance in no case entails consequences in the form of its annulment

After choosing the reason that allows the marriage to be declared invalid, the plaintiff must go through several steps to annul the registered union.

Stages of annulment of marriage

The first thing you need to do is prepare a statement of claim. At the same time, the title must clearly reflect the essence of the application.

Formation of a claim

The document must contain the following information:

• information about the reasons for filing the application and the grounds on which the court should annul the marriage;
• indicate references to legal acts and their articles, according to which the union should be declared invalid;
• enter information about the registration of the relationship, indicating the entry number made by the registry office.

Various documents are attached to the application. The main ones include:

• passport;
• copy of the claim;
• papers from a medical institution;
• document confirming payment of the duty;
• test results;
• certificates of entry into the union.

It is worth noting that this list can be supplemented by many other papers, one way or another, clarifying the situation in which the spouses find themselves. The following are provided as additional materials:

• explanations of witnesses;
• birth documents of children;
• certificates and extracts from the Criminal Code;
• an act drawn up by the district police officer;
• copies of documents proving the identity of a foreigner;
• conclusions of the medical commission;
• certificate of a psychiatric examination;
• proof that the partner has a second family;
• document on family composition;
• papers confirming the fact of adoption.

It is worth noting that the procedure for filing a claim can take many months. Thus, a relative of a person with severe mental disabilities who got married cannot file a claim to have the union declared invalid. This can only be done if the court has received a document declaring the spouse incompetent. Such a trial can last more than three months.

Submitting a claim to court

There are few options in this case. So, the first is a personal visit to the district court at the place of registration of the defendant (since the jurisdiction of such cases relates specifically to it), the second is a postal item. In this case, problems may lie in the place of registration of one of the partners. If you can’t get there in person, it is recommended to use postal services.

Another point that is important to know is the need to pay a fee of three hundred rubles before sending an application to the court. A copy of the statement of claim and the materials attached to it are accepted by the court for consideration and forwarded to the defendant, indicating the date and place of the court hearing.

At the same time, the court, having considered the claim, may reject it. This happens for the following reasons:

1. The circumstances under which a marriage must be declared invalid are no longer relevant. This can happen if the partner has reached the age of 18, has become legally capable, or has received a document dissolving the union.
2. Changing the goals with which relationships were registered. Partners who entered into a fictitious marriage can truly start a family and live together.
3. Interests of persons under the age of majority. The court may decide to legalize the relationship, even if one of the partners is under 16 years of age.

Considering that the refund of the paid fee is not provided for by law, the applicant needs to support his position with significant evidence and correctly choose the basis for filing a claim.

During the preliminary hearing, cases are screened out that will not be considered due to the lack of grounds or supporting documents.

Consideration of the claim and making a decision

In accordance with the information communicated by the court to the parties, they must appear at the court hearing.

Due to the workload of law enforcement officers, the applicant himself makes sure that he has evidence for the claim. If you cannot do this on your own, you can seek the help of a lawyer.

The decision is made on the basis of the materials presented by the parties and their arguments, and after ten days it enters into legal force. Then the court sends information about the decision to the registry office. Three days are given for this.

Important! Annulment of a marriage occurs from the moment persons enter into official relations, and not from the moment the court makes a decision

An analysis of judicial practice shows that most cases of declaring a union invalid arise on the basis of fictitious marriages concluded with foreigners.

Conclusion

Thus, the annulment of a marriage has significant differences with its dissolution. Not only the procedure differs, but also the legal status of the partners after a court decision. To succeed in court, you need to correctly select the basis for the claim and collect a complete package of documents proving the applicant’s case.

Source: https://semyahelp.ru/semejnoe-pravo/brak/priznanie-braka-nedejstvitelnym-ponyatie-osnovaniya-poryadok-pravovye-posledstviya

Invalidation of marriage: grounds and consequences

• Spouses can divorce in the registry office or court;
• The court may declare their marriage invalid or fictitious.
• Also, a marriage ends with the death or recognition of the death of one or both spouses at the same time.

Read also: Alimony at the cost of living: calculator, sample application

What are the differences between ways to end a marriage?

Dissolution of marriage (divorce)

Terminates marital relations, but retains a number of mutual rights and obligations between former spouses: alimony, to receive property.

Death or declaration as dead

The right to inheritance arises; The widower or widow is included in the first priority of inheritance.

Annulment of marriage

A conscientious spouse receives the right to compensation for harm caused by such a marriage, as well as to alimony in the usual manner of claim.

Why and how a marriage can be declared invalid

The grounds for the invalidity of a marriage are contained in an exhaustive list given in the Family Code of the Russian Federation:

1. One of the spouses did not have voluntary consent to the marriage relationship; the marriage could be concluded under pressure, under threat, in case of bribery (for example, one party, taking advantage of the difficult financial situation of the second, offered to pay for the treatment of this party or her relatives on the condition of marrying her) and so on.
2. Not reaching the marriageable age – 18 years; If the age of marriage has been legally reduced, then it is impossible to invalidate the marriage on this basis.
3. Close relationship between spouses (parents - children, grandparents - granddaughters and grandsons, brother - sister, adoptive parent - adopted child).
4. Incapacity of one of the spouses at the time of marriage caused by mental disorder.
5. The fictitiousness of marriage is the lack of intention on the part of one spouse or both to create a family and actually be in a marital relationship.
6. Bigamy is entering into a new marriage without dissolving the previous marriage.
7. Concealing HIV infection and/or sexually transmitted disease from a spouse.

The marriage is declared invalid in court.

Who and how can demand an end to a marriage on grounds of invalidity?

Who can be the plaintiff

• In case of disagreement with the marriage - the spouse who did not give consent and the prosecutor;
• Failure to reach marriageable age is a reason for the minor spouse, his parents and the prosecutor to go to court; After the spouse reaches 18 years of age, the parents and the prosecutor lose the right to demand an end to the marriage.
• Close relationship of spouses (parents - children, grandparents - granddaughters and grandsons, brother - sister, adoptive parent - adopted child) - a spouse who did not have information about a close relationship; prosecutor; guardianship and trusteeship authorities.
• If one of the spouses is incapacitated at the time of marriage due to a mental disorder, a prosecutor or trustee of the incapacitated spouse (unless this trustee is an unscrupulous spouse); child protection.
• The fictitiousness of the marriage is proved by the prosecutor and the conscientious spouse.
• Bigamy – a spouse who did not know about his partner’s previous marriage.
• Concealment of HIV infection and/or sexually transmitted disease is grounds for a conscientious spouse to go to court.

What is the procedure for declaring a marriage invalid?

1. Collection of evidence confirming the possibility of recognizing the marriage as invalid.

Evidence can be any record of information: witness testimony; documents on age, incapacity, close relationship or the presence of a sexually transmitted infection; documents on the undissolved marriage of one of the spouses; conclusions of the prosecutor and guardianship authorities.

1. Drawing up a claim and sending it to court.

• In the claim, the civil registry office that registered the marriage is indicated as a third party without independent claims.
• A mandatory requirement should be not just the recognition of the marriage as invalid and its termination on this basis, but also the annulment of the entry about it in the deed book.
• When recovering moral and, in some cases (for example, the cost of treatment of a sexually transmitted disease), material damage, it is necessary to set out in detail and evidence how the suffering of the conscientious spouse was expressed, and what benefits the dishonest spouse received.

1. Preparation of documents – attachments to the claim.

The claim must be accompanied by a document indicating the payment of the state fee, copies of passports, marriage certificates and birth certificates of children from this marriage; evidence of the invalidity of the marriage; power of attorney in case of contacting a representative.

1. Appearing in court, receiving a decision and enforcing it.

Some features of cases of invalidity of marriage

1. What is a conscientious spouse?
2. A bona fide spouse is someone who entered into marriage with the full intention of starting a family and knew about the circumstances preventing the marriage, or was misled about the legal consequences of marriage provided for by law (in the event of his incapacity or minority), or was deceived regarding the state of health of the partner (in case of the latter has sexually transmitted infections).
3. What is the statute of limitations for declaring a marriage invalid?

The statute of limitations cannot be applied in such cases, except in cases of concealment of a sexually transmitted disease or HIV. In this case, from the day the information about the disease is revealed to the second spouse, the one-year statute of limitations begins to run.

Which court should I apply for annulment of marriage?

The case is being heard in federal court. The state duty is 300 rubles.

Is it possible to declare a marriage invalid after its dissolution?

If the marriage was dissolved, then you cannot try to invalidate it, except in cases of discovery of a close relationship or the undissolved marriage of the dishonest spouse. In these cases, the marriage is declared invalid to annul the legal consequences of the dissolved marriage.

If during the period of a marriage that was initially concluded as fictitious, a real family was created, then such a marriage can no longer be declared invalid.

Children's rights after marriage is declared invalid

Children from an invalid marriage have all the rights of children from legal marriages. They are not subject to the consequences of the invalidity of the marriage.

Legal consequences of a void marriage

• Property acquired during a terminated marriage is not included in the list of jointly acquired property (it is subject to the regime of common shared ownership).
• Invalidation of the marriage contract.
• Recognition of the right of a conscientious spouse to alimony in cases and in the manner determined by family law, as well as the right to compensation for moral damage and preservation of the marital name.
• There are no rights to inheritance.

Annulment of marriage

A marriage can only be declared invalid by a court of law. Before the court decision comes into force, such a marriage is considered valid, even despite the existence of appropriate grounds for declaring it invalid.

A marriage can be declared invalid in court on the following grounds:

1. Lack of mutual voluntary consent between men and women;
2. Not reaching marriageable age at the time of marriage;
3. If at least one of the spouses is in another registered marriage;
4. Marriage between close relatives;
5. Marriage between adoptive parents and adopted children;
6. The incapacity of at least one of the spouses recognized by the court due to a mental disorder at the time of marriage;
7. Concealment by one of the spouses of the presence of a sexually transmitted disease or HIV infection;
8. The fictitiousness of marriage.

The list of grounds for declaring a marriage invalid established by the Family Code of the Russian Federation is exhaustive and is not subject to broad interpretation. This means that a marriage cannot be declared invalid for any other reason.

The following persons have the right to demand recognition of a marriage as invalid:

1. The minor spouse, his parents (persons replacing them), the guardianship and trusteeship authority or the prosecutor, if the marriage was concluded with a person under marriageable age, in the absence of permission to enter into marriage before this person reaches marriageable age. After a minor spouse reaches the age of eighteen, only this spouse has the right to demand recognition of the marriage as invalid;
2. The spouse whose rights are violated by the marriage, as well as the prosecutor, if the marriage was concluded in the absence of the voluntary consent of one of the spouses to its conclusion: as a result of coercion, deception, delusion or the inability, due to one’s condition, at the time of state registration of the marriage to understand the meaning of one’s actions and lead them;
3. A spouse who did not know about the existence of circumstances preventing the conclusion of a marriage, a guardian of a spouse declared incompetent, a spouse from a previous marriage that was not dissolved, as well as other persons whose rights were violated by the conclusion of such a marriage;
4. Prosecutor in case of a fictitious marriage;
5. A spouse who did not know about the fictitious marriage, in the event of such a marriage;
6. A spouse from whom the other spouse concealed the presence of a sexually transmitted disease or HIV infection.

Interested parties, at any time after the conclusion of a marriage, can apply to the court with a claim to declare it invalid, since the statute of limitations does not apply to these cases.

An exception is cases where a marriage is declared invalid when one of the parties to the marriage concealed the presence of a sexually transmitted disease or HIV infection from the other person.

The limitation period in this case is 1 year.

In accordance with paragraph 4 of Art. 29 of the RF IC, a marriage cannot be declared invalid after its dissolution, with the exception of the following cases:

• the presence between spouses of a degree of kinship prohibited by law;
• the state of one of the spouses at the time of marriage registration in another undissolved marriage.

According to the explanations of the Supreme Court of the Russian Federation, in these cases, a claim for declaring a marriage invalid can be considered by the court after the decision on divorce is canceled if the marriage was dissolved in court.

If the marriage is dissolved by the civil registry office, then the court may consider the request to annul the record of divorce and declare it invalid in one proceeding (clause 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 05.11.

1998 N 15 “On the application of legislation by courts when considering divorce cases”).

• In the statement of claim, you must indicate the specific defendant - the person against whom the demands are made, and as a third party - the civil registry office that registered the marriage.
• The application must also indicate the requirement not only to recognize the marriage as invalid, but also to cancel the registry office’s entry on the registration of this marriage.
• In addition, you must indicate the basis for declaring the marriage invalid and what evidence supports this basis.
• The following documents must be attached to the statement of claim:

• copies of the statement of claim for the defendant and third parties;
• documents confirming the grounds for invalidity of marriage;
• marriage certificate;
• power of attorney for a representative (if there is one);
• receipt for payment of state duty.

The statement of claim with the attached documents is filed at the place of residence of the defendant. Cases on declaring marriage invalid are heard by the district court.

The total period for considering the case and making a decision by the court should not exceed 2 months.

The court decision comes into force upon the expiration of the period for appeal, if it has not been appealed. In this case, the period for filing an appeal is one month from the date of the final court decision.

The court is obliged, within 3 days from the date of entry into legal force of the court decision to recognize the marriage as invalid, to send an extract from this court decision to the civil registry office at the place of state registration of the marriage.

A marriage is declared invalid from the date of its conclusion - that is, from the day of its state registration with the civil registry office.

The court has the right to recognize a marriage as valid if, by the time the case on declaring the marriage invalid is considered, those circumstances that, by force of law, prevented its conclusion have disappeared. For example, if a person has reached marriageable age or the spouses have dissolved a previous unresolved marriage.

1. The court may also refuse a claim to invalidate a marriage concluded with a person under marriageable age if the interests of the minor spouse so require, as well as in the absence of his consent to invalidate the marriage.
2. The court cannot recognize a marriage as fictitious if the persons who registered such a marriage actually created a family before the court considered the case.
3. As already mentioned, a marriage cannot be declared invalid after its dissolution, except in cases where there is a degree of relationship prohibited by law between the spouses or the condition of one of the spouses at the time of registration of the marriage in another undissolved marriage.

Declaring a marriage invalid entails a number of consequences, including:

• annulment of the rights and obligations of spouses that arose from the moment of registration of the marriage and existed before it was declared invalid.
• spouses who changed their surname during marriage are returned to their premarital surname;
• property acquired during marriage is subject to the provisions on common ownership rather than joint ownership;
• the marriage contract is declared invalid;
• the right to alimony is lost by the spouse who had the right to receive it;
• the grounds for acquiring citizenship through a simplified procedure are lost;
• the right to refuse to give testimony and other evidence against a spouse whose marriage is declared invalid is terminated.

Recognition of a marriage as invalid entails other consequences provided for not only by family law, but also by civil, administrative, tax and other legislation.

The invalidation of a marriage does not affect the rights of children born in such a marriage or within 300 days from the date of invalidation of the marriage. That is, for children born in such a marriage, there is a presumption of paternity of the mother’s spouse, which can only be refuted in court.

• At the same time, the Family Code of the Russian Federation protects the rights of a conscientious spouse who was not aware of the obstacles to marriage.
• In the interests of a conscientious spouse, the court may recognize his right to receive maintenance from the other spouse, and in relation to property acquired jointly during the marriage, apply the provisions on common joint property, as well as recognize the marriage contract as valid in whole or in part.
• A conscientious spouse may retain the surname he chose when registering the marriage, and also has the right to demand compensation for material and moral damage caused to him, which will be proven in court.