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Publication date: 02.05.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
An invalid marriage is a certain form of refusal by the state to recognize an actually concluded marriage as a legal fact.
The Family Code actually divides all marriages concluded in violation of the law into three categories. These are the categories:
Completely invalid marriages: These are marriages that were concluded in violation of the mandatory requirements of the principle of monogamy (i.e. when one of the spouses entered into a marriage already preceded in another registered marriage), as well as cases of marriage with a person recognized by the court as incompetent, or a violation of the requirements about the absence of close kinship between the spouses. Absoluteness will be expressed in the fact that in order to recognize such marriages as invalid, one should not go to court. after all, the registry office itself is obliged to cancel the marriage registration on the basis of a corresponding application.
Marriages recognized as invalid by the court: this category of relationships includes marriages when registering which the requirement for the mutual consent of each spouse to register was violated, or in the case of a fictitious marriage. To recognize such marriages as invalid, it is necessary to go to court not only with a claim, but also with sufficient evidence of the circumstances justifying the existence of grounds for not recognizing the marriage as invalid.
Marriages that may be declared invalid by the court: If the marriage was registered between an adoptive parent and an adopted child, or between cousins, or if during registration one of the spouses concealed a dangerous, serious illness, or the requirements for marriageable age were not met, the marriage may be declared invalid by the court.
Consequences of an invalid marriage:
An invalid marriage does not give rise to the rights and obligations of the spouses, that is, all these personal non-property and property rights without their legal meaning. Accordingly, this leads to the fact that if one of the spouses receives alimony in an invalid marriage, the amount of alimony paid must be returned, but not more than for the last three years. This also affects the right to change the surname, because if the marriage is declared invalid, the person can return to his premarital surname. The invalidity of a marriage gives rise to the invalidity of the marriage contract concluded between the spouses. The regime of common shared ownership provided for by the Civil Code of Ukraine applies to property acquired during an invalid marriage.
The procedure for declaring a marriage invalid in Ukraine usually includes the following steps:
Preparing a claim: A person who wishes to have a marriage declared invalid must draw up a written statement in which he indicates the reasons why he considers the marriage invalid.
Submitting a statement of claim to the court: A claim to declare a marriage invalid is filed in a court of general jurisdiction, depending on the place of residence of the persons. It should be noted that the legislation does not contain requirements regarding the limitation period for claims to declare a marriage invalid, so a claim can be filed at any time during the existence of the marriage.
Review of the case by the court: The court reviews the case and examines the evidence presented by the parties. This may include evidence, documents or other evidence supporting the reasons stated in the application.
Decision-making by the court: After considering the evidence, the court makes a decision to recognize or refuse to recognize the marriage as invalid. If the court decides to declare a marriage invalid, the marriage is considered void and irrevocable.
Final decision of the court: The court makes a decision declaring the marriage invalid and indicates all further legal consequences of this decision, such as divorce of property, support, child custody, etc.
This is a general description of the procedure for declaring a marriage invalid in Ukraine, and each case may differ depending on the specific circumstances. It is important to seek legal advice and obtain the assistance of a qualified family lawyer who can help you understand the process and protect your interests.
Family law lawyer services when declaring a marriage invalid:
If a marriage is declared invalid by a court, the family law lawyer consultation will play a key role. A family law lawyer will not only draw up a claim and file it in court, but will also properly collect evidence to substantiate the claims, conduct a legal analysis of the situation, and will represent the interests of his client directly during the trial. So, legal assistance in family matters is a very important tool for achieving the desired results.
