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Publication date: 02.05.2024
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Getting married is the process of formally establishing a family union between two persons through their mutual consent and registration of this union in the relevant body of state registration of civil status acts.
Thus, a "marriage contract" or "nuptial agreement" may contain various conditions relating to the division of property in case of divorce, determination of alimony, terms of inheritance, rules for raising children and other financial, property and personal matters. These agreements can be made before or during the marriage. When a marriage contract is concluded, it typically involves both parties coming to an agreement on various aspects of their relationship and potential future scenarios. The drafting of marriage contract, signing of contract, conditions of marriage contract can vary depending on the preferences and agreements of the parties involved.
Invalidity of marriage is a legal status that indicates that the marriage is recognized by law as invalid, that is, it has no legal force from the moment of its conclusion or is recognized as invalid by a court.
Thus, the Family Code of Ukraine contains a number of requirements, which, if violated, can become grounds for declaring a marriage invalid. Among these requirements may be requirements regarding the majority of the parties (Article 22), the registration of a marriage with a person who does not have a sufficient level of understanding of his actions or cannot control them, may have legal consequences (Article 24), the absence of marriage with another person (Article 25 ), the absence of family ties between the parties entering into a marriage (Article 26).
The main conditions under which a marriage is considered invalid:
- If one of the parties to the marriage is in another registered marriage.
If the marriage is concluded between persons who are relatives in the direct line of kinship or between siblings.
If the marriage is concluded with a person who is recognized as incapable.
If any interested party files for annulment of marriage. If the marriage is registered with a person who is already married, and the previous marriage was dissolved or terminated.
A marriage certificate can be annulled even in the event of the death of the parties to the marriage or the dissolution of the marriage.
These provisions are aimed at ensuring legality and protecting the rights of the parties to the marriage, as well as preventing cases of marriages that violate the basic principles and norms of family law.
A marriage is declared invalid by a court decision in cases where certain conditions and principles of marriage have been violated:
Absence of free consent: A marriage can be declared invalid if it was registered without the free consent of one of the parties. For example, if the person was in a state where he could not understand the meaning of his actions or control them, or if the marriage was concluded during physical or mental violence.
Sham marriage: A marriage can be declared invalid if it is found that it was entered into with the purpose of deception and was not intended to create a family or acquire the rights and obligations of a spouse.
Certification of lapsed circumstances: If, at the time of the court's consideration of the case, there were no circumstances indicating that the person did not consent to the marriage or did not wish to create a family, then the marriage cannot be declared invalid.
These provisions are aimed at protecting the rights and interests of persons who may be vulnerable in the process of concluding a marriage, as well as at preventing marriages that do not comply with the principles of free consent and honesty.
A marriage can be declared invalid by a court decision in some specific cases where certain requirements and restrictions have been violated. Here are their main aspects:
Adoption: A marriage between an adopter and a child adopted by him may be declared invalid if it was entered into in violation of the requirements established by law for such family relationships.
Close Relatives: A marriage between cousins, or between an aunt, uncle and a nephew, niece, can be invalidated because of their family relationship.
Concealment of illness: A marriage with a person who has concealed his serious or dangerous illness from the other spouse and their descendants may also be declared invalid.
Underage: A marriage to a person who has not reached the age of marriage and who has not been granted the right to marry can also be declared void.
When deciding on the issue of invalidating a marriage, the court takes into account various circumstances, such as the violation of the rights and interests of a person, the length of time the spouses have lived together, the nature of their relationship, and other significant factors.
