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Legal regulation of the procedure for declaring marriages invalid during martial law

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Письменна Марія
Письменна Марія
Attorney
Ukraine / Kyiv

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Publication date: 27.05.2024

Lawyer

Legal regulation of the procedure for declaring marriages invalid during martial law

In connection with the martial law introduced in Ukraine, the issue of legal regulation of the procedure for recognizing marriages as invalid is becoming particularly urgent. Consulting a lawyer and careful analysis of documents are extremely important to ensure proper legal support in this area. A lawyer's legal and legal opinion will help to understand complex legal conflicts that may arise.

 

According to the Family Code of Ukraine, a marriage may be declared invalid by the court in the event of the presence of grounds provided for by law, in particular: obstacles to marriage, violation of requirements regarding the voluntariness of marriage, lack of intention to create a family, fictitious marriage, etc.

 

The procedure for declaring a marriage invalid is governed by the norms of the Civil Procedure Code of Ukraine. As a general rule, cases of annulment of marriage are considered in the procedure of legal proceedings. At the same time, it is worth considering that the lawyer's legal opinion may be necessary for the proper assessment of the existence of grounds for declaring the marriage invalid and for the formulation of the relevant requirements in the claim.

 

During the period of martial law, there are certain features of proceedings in civil cases, in particular:

1. Courts may temporarily not administer justice in civil cases. In such a case, the time limits for filing claims are suspended.

2. Consideration of civil cases may be carried out according to the procedure of consideration of cases in simplified proceedings.

3. Courts may move to other premises within the respective regions or beyond them.

 

A legal analysis of the situation is important for determining the possibility of going to court and ensuring the proper implementation of the right to legal protection during martial law. A lawyer can analyze a specific situation and provide recommendations on choosing the optimal legal defense strategy.

 

In addition, it is worth considering that some participants in the court process (for example, military personnel, mobilized citizens) may be temporarily exempted from the obligation to appear in court. In such cases, a lawyer's legal opinion may be necessary for the proper settlement of issues of representing the interests of such persons in court.

 

In general, the legal regulation of the procedure for declaring marriages invalid during martial law is characterized by certain features and limitations related to ensuring the safety of citizens and the proper functioning of the justice system. Consultation of a lawyer and analysis of documents by a lawyer are extremely important to ensure effective protection of the rights and interests of the parties in such cases. A lawyer's legal and legal opinion can help to choose the optimal strategy of legal defense, taking into account the peculiarities of martial law.

 

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