✅ Recognition of marriage as invalid

Recognition of marriage as invalid

Invalidation of a marriage in Ukraine

Our family lawyers are often asked the following questions: What is a sham marriage? Should the wife return the alimony that the man paid her if their marriage is declared invalid? Will a wife inherit her husband if their marriage is invalidated?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Recognition of marriage as invalid” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.

Invalid marriage in Ukraine

Marriage is a family union of persons officially registered by the authorized authorities (registry office) in accordance with the current rules.

The conditions for marriage in the registry office are regulated by the Family Code of Ukraine (hereinafter SK). According to this legislative draft, violation of the rules for the conclusion of a marriage may lead to its invalidation.

Invalidation of a marriage in Ukraine

Invalid marriage is a marriage registered in violation of the laws and regulations of Ukraine, regulated by the Family Code.

The grounds for declaring a marriage invalid is the failure to comply with the following conditions:

  • reaching the bride and groom of marriageable age, namely 18 years;
  • the presence of a mutual desire of future spouses to marry;
  • lack of an already registered marriage union;
  • lack of relationship between future spouses.

How is a marriage invalidated in Ukraine?

There are only two government bodies authorized to invalidate a marriage. These include:

  • court;
  • MARRIAGE REGISTRY.

If the marriage is being considered in court, then two options are possible:

  • the court declares the marriage invalid;
  • the court may have declared the marriage null and void.

The grounds for each of these cases are registered in the UK of Ukraine. The differences lie in the fact that, on the grounds specified in Article 40, the court shall obligatorily recognize the marriage as invalid, and on the grounds specified in Article 41, it may also take into account other circumstances, which calls into question the final decision of the court.

Invalid marriage by court decision in Ukraine

According to the Family Code of Ukraine (article 40), by a court decision, a marriage is recognized as invalid in cases where:

  • there was no voluntary desire of a man and a woman to register a relationship;
  • the marriage in question is fictitious.

The absence of a voluntary desire to start a family can be recorded not only with psychological and physical violence, but also when the future spouse is in a state in which he could not fully understand the consequences of his actions. For example, while under drugs, alcohol or toxic effects.

Moreover, a psychological disorder also indicates a lack of awareness of the actions of the groom or the bride, and therefore serves as the basis for declaring the marriage invalid in court.

As for the fictitiousness of marriage registration, the main task of assessing this provision is to determine in court whether there was a real desire to start a family, accompanied by the acquisition of the rights and obligations of spouses, or whether the marriage was registered proceeding from any other intentions.

It is also important to take into account that if, at the time of the consideration of the case in court, the circumstances confirming either the absence of a voluntary desire of both spouses to marry, or the fictitiousness of their marriage, have already disappeared, then this marriage cannot be declared invalid.

So, for example, if at the time of marriage one of the spouses had no desire to start a family, but after registration the spouses lived together and kept a common household for a long time, then the actual joint family life smooths out the violation of the conditions of marriage.

Grounds for a possible invalidation of a marriage in Ukraine

The Family Code of Ukraine clearly spells out the grounds according to which the court recognizes a marriage as invalid on a mandatory basis. However, there are also grounds that suggest the possibility of considering a case on declaring a marriage invalid, taking into account the accompanying circumstances. This allows the court to make its own judgment.

Article 41 of the UK is rather advisory in nature. She points out that for the following reasons, the court can make a decision to declare a marriage invalid, but it can also refuse to do so.

The grounds for a possible invalidation of a marriage are:

  • kinship of spouses;
  • hiding a serious illness from a spouse;
  • premarital age of the spouse.

It is also worth considering that the spouse’s pregnancy or the birth of a child by her makes it impossible to dissolve the marriage.

Invalid marriage as determined by the registry office in Ukraine

According to the Family Code of Ukraine, marriage is invalidated not only in court, but also in the registry office.

The registry office is authorized to declare a marriage invalid only in three cases:

  • one of the newlyweds at the time of registration of the marriage was already in a registered relationship;
  • there is a consanguinity between the spouses;
  • one of the spouses was declared legally incompetent by a court decision.

The basis for determining the marriage invalid in the registry office is the statement of the person concerned. According to this application, the registry office cancels the deed entry about the marriage in accordance with the provisions of the IC of Ukraine Article 39.

Dissolution of an invalid marriage in Ukraine

It is quite difficult to declare a marriage invalid in court. This process requires not only knowledge and experience, but also a significant investment of time. Often, in practice, it is much easier and faster to divorce a marriage than to invalidate it.

That is why, in some cases, divorce is the best solution. Divorce with an experienced lawyer has a 100% positive result, which allows significant savings:

  • time spent on divorce proceedings;
  • financial resources for litigation.

A divorce lawyer will be able to dissolve a marriage of any complexity even without your presence!

Family Invalidation Lawyer in Ukraine

To effectively resolve a marriage invalidation case, you should contact professional family lawyers.

Divorce lawyer:

  • provide legal advice on family matters;
  • will help to determine the best option for solving a family case;
  • prepare all the necessary documents;
  • accompanies the course of the entire trial.

Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!

Contacting us is a way to save time and money in resolving the issue of declaring a marriage invalid.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in a marriage invalidation case is to contact good family lawyers!

If the article “Recognition of Marriage Invalid” was useful for you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on new changes in the legislation of Ukraine on the recognition of a marriage as invalid.

Useful site materials advokat-skriabin.com:

  1. Registration of marriage with a foreigner in Ukraine
  2. Registration of marriage in the registry office of Ukraine
  3. The secret of a closed court divorce
  4. Divorce translator
  5. Divorce through the registry office without the presence of a spouse
  6. Registration of a court decision in case of divorce at the registry office
  7. Certificate of divorce based on a court decision
  8. Divorce if the husband or wife is abroad
  9. Marriage contract
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ADVEGO

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marriage void 30 3.28 / 6.56
recognition 20 2.19
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invalidation of marriage 19 2.08 / 6.23
court 12 1.31
lawyer 11 1.20
base 11 1.20
solution 11 1.20
spouse 11 1.20
May 8 0.87
Ukraine 8 0.87
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Code of Ukraine 4 0.44 / 0.87
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recognizes marriage 4 0.44 / 0.87
declares the marriage invalid 4 0.44 / 1.31

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