Each article of the Family Code of the Russian Federation regulates one of the parties to marital relations, from the registration of marriage to its termination. The rights and obligations of not only husband and wife to each other, but also of parents / children, the procedure for owning jointly acquired property - the document provides for all possible situations that may arise in an official union of a man and a woman. Chapter five of the second section of the IC “Invalidity of marriage” reflects a rather non-standard side of these relations. Articles 27-30 disclose the reasons why registration at the registry office can be canceled, and it seems that the family never existed.
The play for the uninitiated
Unfortunately, not everyone who has been to the registry office has pure thoughts in terms of creating a family. Going hand in hand with a beloved man or woman is not for them. A definite benefit from a marriage is their goal. Quite often, it is achieved by criminal means in violation of all requirements of the law. People have been living with each other for years, have a joint household, give birth and raise children, and at one moment it suddenly turns out that this whole idyll is just a fiction.
In most cases, one of the spouses is initially aware that the family is not real. But not at all. And to be mistaken because of ignorance that there are insurmountable circumstances for recognizing the legitimacy of their relationship, both can. But in the case of deliberate deception of one by another and in clarifying this circumstance, the offended party has all the rights to rehabilitate its name. Her further actions will depend on the circumstances prevailing over the years of cohabitation.
The concept of the invalidity of marriage in the Family Code is associated with the violation of some of its articles. The registration ceremony, registration in the certificate of civil status, property, children, relatives, idyll ... After some time, all this can be recognized by the court as fake. Like a performance in a theater. Only in contrast to the stage production, where the audience and actors are each on their own side, in an invalid marriage, the majority of those involved in it perceive everything that is happening for authenticity.
Weighty reasons
Article 27 of the Family Code lists almost all the reasons why a marriage can be declared unlawful and canceled after a court verdict. But a person invents new tricks that can circumvent the current rules in achieving the plan. Therefore, over time, the grounds for the invalidity of marriage spelled out in the UK can be expanded. Currently, the reasons for the cancellation of registration in the registry office can serve:
- the age of the newlyweds, one of whom or two at once by the day of the wedding was not 18 years old;
- plans of the spouses using a stamp in the passport to acquire some benefit of a material or hereditary nature, rather than creating a real family;
- the existence of an unmarried previous marriage in one of the spouses;
- the husband or wife has HIV infection or another sexually transmitted disease that the other half of the wedding was not notified about;
- marriage under pressure;
- close blood relationship between husband and wife;
- registration of the union between adoptive parents and adopted;
- Disability of one of the spouses, established by the court before the wedding.
The presence of any of these reasons is a reason to recognize the invalidity of the marriage. Family law determines the order and methods of action of victims of such a union for its annulment. But the UK also leaves the court with the right to recognize the relationship as legal if, at the time of the consideration of the case, the circumstances that initially prevented the conclusion of the marriage were eliminated. Each of these reasons has its own nuances. Let's consider them in more detail.
A scam or a delusion?
It is difficult to imagine, but sometimes the husband and wife may not know that they are close relatives: full and not full brother and sister, father and daughter, etc. The truth can be discovered by chance or someone who is aware of the actual situation will open it of things. In this case, the Family Code is adamant - the marriage must be annulled, even if the spouses have lived together for a rather long time, have their own children and the discovery of the truth does not affect their personal plans. The circumstances that they agree to accept the truth and take responsibility for the sin of incest - do not matter. Article 14 of the UK clearly defines what principles a family union is based on. Blood relationship is one of the reasons why the invalidity of a marriage in the Russian Federation at the discovery of truth is recognized in any case. In such marital relations there can be no circumstances the elimination of which can legitimize the union.
The same applies to adoptive parents and adopted children. They are not blood relatives, but they are also subject to the established rules by which they cannot marry. However, identifying such cases is not uncommon. Out of true ignorance or creating the appearance of sincere delusion under the influence of feelings, adoptive parents and adoptive parents often get married. Sometimes the reason for registration is material gain, and the newlyweds try not to think about the circumstances hindering their union. Disclosure of the truth entails the mandatory recognition of the invalidity of the marriage. The grounds, procedure, and identity of the applicant, who is entitled to apply to the court, are determined by Articles 27 and 28 of the UK. In this case, one of the spouses and representatives of guardianship authorities or prosecutors can declare the marriage canceled.
Traditions, blackmail, violence
Article 12 of the Family Code determines that marriage is a voluntary choice for anyone who has reached the age of majority. The resistance or disagreement of one of the newlyweds may cause the marriage to be invalidated immediately after its conclusion in the event that facts of coercion to register one of the partners or both immediately by threat, deception, use of force, exposure to narcotic or psychotropic drugs are discovered. There are many ways to make people get married in spite of their will. For example, blackmail, religious beliefs, national traditions, threats of reprisal against the groom or bride himself or someone close to them. In addition, a person can be deceived or entered into an unconscious state.
There are cases when the threat of disclosing to the tax authorities the true income of the opposing partner was a method of coercion to marriage. The court also has to deal with rather unusual forms of influence on the couple. In particular, with regard to women, there are quite a few ways of coercion. So, the fact of the disclosure of pregnancy or loss of virginity under certain circumstances or national characteristics is a very good motive for the bride to agree to an unwanted union. It is quite difficult for the court to determine the legal conditions for the invalidity of a marriage and prove the fact of coercion in such cases.
Features of residence, traditions of some nationalities of our multinational country also lead to certain difficulties for declaring marriage illegal. So, the ceremony of kidnapping the bride instead of paying kalym or for other reasons is still quite relevant in our time. You can terminate the union in the event of violence at the request of one of the spouses or a representative of the prosecutor's office. In certain cases, a forensic psychiatric examination is even prescribed.
Already married unbearable
Another circumstance of the invalidity of the marriage is the minority of one or both spouses at the time of registration. Subject to certain conditions and the consent of the legal representatives of legally incompetent citizens due to their young age, they can formally register their relationship with the registry office and upon reaching 16 years of age. The law allows this. Parents, adoptive parents or representatives of guardianship authorities have the right in some cases to turn a blind eye to the youth of the newlyweds, if they have actually been living together for some time, and the bride has become pregnant. There are other good reasons for registering. Not to list all. But if the newlyweds do not have such permission, then their marriage will be declared illegal and annulled.
To receive the coveted stamp in the passport they often contribute to the carelessness or incompetence of registry office workers. In addition, they can be misleading or provide false documents when submitting an application, including fake permission from parents or other legal representatives for marriage. But if everything has already happened, then after some time the invalidity of the marriage eliminates pregnancy and the birth of a child, which may very well happen. These circumstances are a good reason to recognize the union as real. If up to this point, none of the spouses, their parents or other interested persons has applied to the court to annul the marriage, he shall be legalized. Also, spouses reaching adulthood can eliminate the existing obstacle to the recognition of their registration as legal. Especially if again no one objected before this time.
But even if interested parties apply to the court with a request to declare the union in which there are minors unreal, in the first place, when making a decision, the law must take into account the interests of the youngest spouse. In certain circumstances, marriage is their salvation. Therefore, cases of recognition of registrations with minors as illegal are extremely few.
Polygamy - Outlawed
A good reason for the invalidity of a marriage may be polygamy of one of the spouses. The Family Code of the Russian Federation enshrines the principle of monogamy by citizens of the state. Moreover, representatives of exclusively opposite sexes can be recognized as husband and wife. In connection with these two provisions, there are cases of their violation by people who are already in official family relations, or by those who would be happy to conclude them, but with a person of the same gender. However, the last category of citizens ordered the road to the registry offices in our country. As for polygamy, it can be either intentional or accidental. Regardless of the reason for the marriage with a married man or a married woman, after the interested party has announced the cancellation of such a union, it may be preserved in certain circumstances.
For example, if at the time of consideration of the case on the invalidity of a marriage entered into by the second, the spouse has managed to draw up the dissolution of the first union. Obstacles to legalizing a new marriage are thus removed. If the offended partner, whose interests of a respectable family man were previously violated, decides to save his marriage, he will be considered real. Also, in the event of the death of the first spouse, with whom the divorce was not filed before registration with the second, the reasons for recognizing a new relationship as illegal are automatically deleted. But in the conditions that all the husbands and the first and second are alive and healthy and claim their rightful halves, the second marriage will be invalidated. Spouses who did not previously know about their partner’s existing other family, regardless of whether she is the first or the second, can go to court with a lawsuit.
Courtship games
Fictitious union is a fairly common phenomenon in our time. The reasons for marriage only on paper, without the goal of creating a real family, abound. This is a desired residence permit or citizenship in the city or even the country of one’s dream, exemption from imposed guardianship, recognition of legal capacity, inheritance, if one of the conditions of the testator was such, preferential mortgage lending as a young family, other material or housing benefits that can be obtained it was only ringing in the registry office. In most cases, both spouses are aware of their current relationship and even if it is necessary to conduct a joint venture for some time, they manage to very smartly portray a family to an unsuspecting public. After the lapse of time, having received each his own, they quietly and peacefully get divorced.
But if one is not satisfied with something, or believes that he was deceived, for example, paid less for a fictitious marriage than promised, their fake connection may become the property of those around him. Most often this happens if the offended party goes to court to declare the marriage fake. Article 19 of the Family Code provides for such an option, noted the possible consequences for each of the spouses and the obvious verdict of the court when considering their case in the prescribed manner. In this case, there can be no invalidity of the marriage, since both spouses initially knew that he was not real, and married of their own free will. To break off the relationship they will have to divorce legally.
The fictitious marriage in which either the husband or the wife did not know that the second half has no purpose to create a family with them can be recognized as invalid. When such circumstances are discovered, terminating a nonexistent relationship can be done either by divorce or by invalidating it by a court decision. Another option to continue their story is to turn a fake family into a real one. Starting to live for profit, people understand that their relationship is strong and stable, they forget about the original reason for their union and in the future they live like a real couple. Such circumstances, eliminating the invalidity of marriage, are recognized by law and legalize it.
Any way
Officially, Russians can create a family union not only in their native state, but also in any of the 120 countries that concluded the Hague Convention back in 1969. In addition, you can register abroad at the Russian Consulate General in any corner of the world. According to Article 158 of the Family Code of the Russian Federation, if in a foreign country the ceremony was held legally, upon arrival, the newlyweds only need to submit documents, and their union will be recognized as real. But not all couples seek to advertise their relationship, therefore they enter into official marriages in another country, which they then carefully hide in their homeland. If by their other actions they do not violate the current legislation, then there are no problems. But if one of them decides to create a new family at home, a union concluded abroad, not even legalized at home, can become a real obstacle and cause recognition of the invalidity of a marriage legally registered in their country.
In this case, proving bigamy is quite simple even if the injured party does not have the necessary documents. Requesting and receiving confirmation is a matter of time.
It is much more difficult to convince the court that the marriage is fake, even if it was concluded at the registry office near the house, but with a person who used a fake or someone else's passport, and then disappeared. An alliance with him may be terminated by divorce after some time, but for this it is necessary to observe a number of mandatory conditions. And he can cancel it only with clear and precise evidence that the injured spouse married a person who did not live under his real name. The concept of the invalidity of a marriage by itself speaks of a fake family and implies the existence of circumstances by virtue of which its legality can be in doubt. But sometimes finding evidence for a court to annul a fake marriage is quite difficult. As in the present case, using someone else's passport.
Silence of Truth
Incapable citizens recognized as such by a court decision because of a mental illness cannot marry. They cannot give an account of their actions, therefore they are deprived of the opportunity to create normal families. If there is a certain benefit, interested parties can arrange a marriage with an incompetent person. The second spouse may know about the actual state of things, and may be completely in the dark about the presence of the disease in her husband or wife.
In any case, whether this step was consciously or not, incapacity is one of the main reasons affecting the invalidity of marriage.Legal consequences may arise in relation to people who have organized this union and are aware of the presence of obstacles to it, if they pursued their goals and received material benefits from it. Affected spouses do not bear any punishment. The marriage is annulled and only.
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The invalidity of a marriage is determined taking into account all the circumstances of the conclusion of the union, as well as the further cohabitation of the spouses. The presence of common property, the birth of children. The cancellation of their official relations implies that there has never been a marriage as such, and therefore they have no obligations to each other. Everything that before the wedding belonged to each of them remains in their indivisible property and the fake husband or wife cannot claim anything. And the acquired joint property is divided according to the principle of their share participation in its acquisition. The prenuptial agreement concluded in accordance with all the rules is also null and void. The entry in the certificate of civil status is canceled after the submission of a court decision.
However, the law defines the notion of “conscientious spouse”, applicable to a person who has suffered an invalid marriage. If the court finds that he has suffered significantly, he may award compensation for non-pecuniary damage. The payment on it will fall on the culprit of the problem, that is, the marriage speculator. In addition, in the presence of circumstances determined by the UK for the payment of alimony, the court recognizes the claims of the injured party and them. In the event that a woman, at the conclusion of marriage, took her husband's surname, then after declaring him invalid, she has the right to leave her at will, if recognized as a respectable spouse.
Separately, it should be said about children born in an invalid union. They are considered the legitimate daughter or son of each of the parents and all rights of inheritance, material maintenance, until their majority, by both the mother and father, apply to them. The fact that marriage between parents was declared invalid does not affect the interests of children.