See more
Publication date: 02.05.2024
I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.
The family is the basic unit of society where children are raised and developed, and where they acquire their first skills, values and social connections.
A void marriage is a marriage that is not considered legally valid or valid for certain reasons that violate the requirements or restrictions established by law. Here are some typical reasons that can lead to the invalidity of a marriage:
Bigamy or Polygamy: A marriage performed while one spouse is married to another person may be void under most laws.
Close relatives: In many jurisdictions, a marriage between close relatives, such as between a brother and a sister, can be declared void.
Underage: A marriage contracted by a person who has not yet reached the legal age of marriage may be void.
Violation of Consent Requirements: A marriage entered into without the free consent of either party may also be declared void.
Lack of consent to the marriage: If one of the parties did not have or could not have an understanding of the nature of the marriage, for example due to mental incapacity or intoxication, the marriage may be void.
Sham marriage: A marriage concluded without the intention of creating a family or acquiring the rights and obligations of a spouse may be declared invalid.
The legal consequences of a marriage annulment can vary depending on the specific circumstances and the laws of the country, but the main consequences often include the following:
Recognition of invalidity: In case of invalidity of marriage, the court issues a decision on its recognition as invalid. This means that the marriage is considered to have never existed or was void from the beginning.
Division of property: If the marriage is declared invalid, the court may decide on the division of property between the spouses in the absence of a valid marriage.
Alimony and support: In the event of a marriage annulment, issues of alimony and support can be decided under ordinary civil law or special support law depending on the specific circumstances.
Children's rights: The legal status of children born out of an invalid marriage can be determined according to the laws of the country, including matters of parental rights and responsibilities.
Other legal consequences: Additional legal consequences may include issues of inheritance, community property rights, social benefits, insurance benefits and other aspects arising from the invalidity of the marriage.
In each specific situation, the consequences of a marriage annulment can be different, so it is important to consult a qualified lawyer or attorney for specific legal advice.
If a person did not know and could not have known about obstacles to marriage registration, he has the right to the following:
Division of property: A person has the right to the division of property acquired in an invalid marriage as joint joint property of the spouses. This means that property that was acquired during the marriage can be divided between the spouses according to community property laws.
Residence: A person has the right to reside in the residential premises in which he settled in connection with an invalid marriage. This right can be recognized on the basis of legislation on the rights of tenants or users of real estate.
Alimony: A person is entitled to alimony in the event of a divorce or dissolution of marriage, even if the marriage is void.
Surname: A person has the right to the surname he chose when registering his marriage. This right can be recognized on the basis of the legislation on personal name and surname.
The invalidity of the marriage does not affect the scope of mutual rights and obligations of the parents and the child born in this marriage. Regardless of whether the marriage is recognized as valid or invalid, parents retain their parental rights and responsibilities towards their child. Children are the greatest wealth and responsibility for parents. They are a source of joy, happiness and inexhaustible love. Raising children requires a lot of attention, patience, care and understanding from parents.
