Judicial practice on declaring marriage invalid and its consequences (2021)

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Published: 10/26/2016

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Marriage is not only a joyful event in the lives of two people, but also a serious legal action in which certain legal relations arise.

Unfortunately, during its conclusion, serious violations of the rights of one of the parties may be committed, and then the marital union can be declared invalid in court.

Grounds for recognition, procedure and consequences
Invalidate the marriage
Legal consequences
Is the marriage invalid? I object!
Satisfy the claim: judicial practice Claim No. 1
Claim No. 2
Claim No. 3
Claim No. 4
Claim No. 5

Grounds for invalidating a marriage

It is impossible to annul the official relationship between husband and wife simply at will, without compelling reasons.

The list of reasons why a marriage can be rightfully declared invalid is indicated in the relevant articles of the Family Code of the Russian Federation. It is constantly lengthening, and the types of unions subject to annulment under the influence of modern living conditions are also growing in number.

The following grounds for declaring a marriage union invalid may be accepted by the court::

when one of the spouses entered into marriage under duress, not voluntarily;
fictitious marriage (when one of the couple or both had no intention of creating a real, normal family, and they needed an entry in the registry office for some other purpose);
if one of the couple is already in an official relationship and managed to hide it;
if there are family ties between spouses;
if one of the couple has a mental disorder or incapacity at the time of the conclusion of the union;
when the bride or groom hid their infection with a sexually transmitted disease or HIV infection.

Such grounds are taken into account by Art. 12, 13, 15 of the Family Code of the Russian Federation . However, time has shown that there are actually many more reasons, and they are also strong enough to annul official relations.

Such reasons include:

gender change by one of the couple;
entering into an alliance with the aim of taking possession of someone else's property;
creating a family with the secret intention of obtaining citizenship or residence permit in another country, etc.

It is difficult to foresee all the nuances and surprises presented by life situations. Cases of this kind are considered in courts, where decisions are made to recognize official unions between a man and a woman as invalid if the grounds are convincing enough.

General information

The definition of marriage as such is contained in the Family Code of the Russian Federation. It says that marriage is a union of two citizens, used by them to create a family, have children and acquire common property. It follows from this that fictitious marriage is used for other purposes.

The registration procedure in both cases remains the same - future spouses submit an application to the registry office and come for registration within the specified period. The marriage certificate is real and valid until the marriage is proven invalid.

A sham marriage is often confused with invalid marriages. These two concepts are indeed similar, but only at first glance. An invalid marriage can be a real one - with cohabitation, children and common property. But from a legal point of view, such a marriage is invalid.

The essence of the claim

One of the parties, that is, the husband or wife, may not have known that their union was created on dishonest, unscrupulous grounds, and the deception was discovered after making the appropriate entries in the registry office . Sometimes the truth doesn't come out right away.

The essence of the issue is that only any of the representatives of the couple, who did not suspect the presence of reasons that could prevent the marriage, has the right to file a lawsuit to annul the union.

In this case, the evidence must be of sufficient quantity and quality, for example, the fact that the husband and wife did not live in the same area does not mean anything.

The absence of signs of a marital relationship and the presence of benefits from the marriage , evidence that the deceived spouse was in the dark and other evidence in the aggregate will be considered by the court.

testimony about the absence of any connection after the signature, etc. will be useful as evidence

A statement of claim is filed at the location of the defendant.

Procedure for filling out a claim

The outline of the claim looks like this:

at the top right write the full name of the court to which the paper is sent;
plaintiff’s details – full name, address, contact information;
details of the defendant (spouse) – full name, address;
indicate by a third party the registry office in which the relationship was registered.

In the text part, describe when the official marriage took place, whether they lived together or separately, the presence of children, how the plaintiff found out about the deception (in a fraudulent or entrepreneurial marriage) or about the intention of the other party to consider the relationship a fiction.

If there are suddenly discovered family ties, also describe how the truth was revealed; formulate their demands to the court in such a way that the marriage is declared invalid and annulled according to documents .

At the bottom, put the date, signature with a transcript, and even lower, provide a list of attachments.

A statement of claim for declaring the marriage invalid can be found here.

You will need to attach:

lawsuit;
Marriage certificate;
passport of the plaintiff or the person representing his interests, as well as a power of attorney addressed to this representative;
receipt of payment of state duty;
documentary evidence of facts indicating the invalidity of the relationship.

An application with a package of papers can be submitted to the court office (at the location of the defendant), or it can be sent by registered mail.

In accordance with Art. 154 of the Civil Procedure Code of the Russian Federation, the period allocated to the court for the trial cannot last more than two months in total.

It is advisable for the author of the statement of claim to attend the trial in person.

Fictitious marriage

A fictitious marriage is a union between a man and a woman, concluded in order to achieve a certain benefit without the desire to create a full-fledged family. Most often, this option is used to quickly obtain benefits, for example, to simplify obtaining a residence permit.

However, there are often situations when one of the spouses sincerely believes in the feelings of the other and wants to start a family, but the second uses him for his own selfish purposes. As a rule, having received what he wanted, the unscrupulous spouse either ceases to be interested in family affairs or abandons it. At the same time, you may not bother to file for divorce. In both cases, the marriage can be declared invalid if it can be proven to be fictitious.

Article. Law

The main body of laws covering the issues of recognizing a marriage as fictitious and the rights and consequences arising in connection with this is the Family Code of the Russian Federation. So, in accordance with paragraph 1 of Art. 27 of the RF IC, a fictitious marriage in which both spouses or one of them did not intend to start a family is declared invalid. However, in accordance with paragraph 2 of the same article, only a court can declare such a marriage invalid. Such a statement encourages the interested party to file a claim to assert their rights.

In accordance with paragraph. 5 p. 1 art. 28 of the RF IC An application for recognition of a marriage as fictitious can only be filed by the injured party (a bona fide spouse), or by the prosecutor if he has appropriate suspicions. Other persons, for example, relatives of a conscientious spouse, his friends or neighbors, do not have the right to file a claim. They can submit an application to the prosecutor's office to check such a marriage, but it is not a fact that it will be initiated unless there are compelling reasons.

According to Art. 30 of the RF IC, a marriage declared invalid due to fictitiousness. does not create in spouses the rights and responsibilities that a real marriage would create. In accordance with Art. Art. 89-90 of the RF IC, an unscrupulous spouse does not have the opportunity to collect alimony in his own favor.

Grounds and conditions for recognizing fictitiousness

The basis for recognizing a marriage as fictitious is a violation of the provisions of the Family Code. At the same time, it is important to collect irrefutable evidence that the marriage is fictitious, and not created for convenience (such is not condemned by Russian laws, and therefore cannot be declared invalid). Collecting such evidence is difficult.

A number of grounds are recognized by almost all courts:

Documentary evidence that a conscientious spouse is incapacitated. There are known cases when foreign citizens married or married such people in order to more easily obtain citizenship.
A statement of claim by a spouse in which he claims that the marriage was fictitious or forced.
Marriage is concluded between close relatives for the purpose of material gain.
A foreign citizen married to a citizen of the Russian Federation has a spouse at home, which was not reported.
Marriage was concluded for the purpose of receiving certain benefits, allowances, and one-time payments.

In all cases, it is important to try to prove that the dishonest spouse had no intention of starting a family and acted solely for the purpose of obtaining his own benefit. There are different options here. For example, evidence may be the fact of the absence of common children, provided that both spouses are not infertile.

The testimony of a witness that the fraudster did not take care of his family and refused to run a joint household may also be taken into account. The proof may be a contract for the provision of services with a marriage agency, although this rarely happens. If the fraudster’s actions caused significant material damage (for example, in the event of a divorce, he received half of the property) and the injured party received mental trauma. then one of the evidence may be the conclusion of a psychiatrist.

The following may also be considered in court:

audio recordings of conversations;
video recordings;
personal correspondence. including in instant messengers and social networks.

There are many options for the evidence base, but it is difficult for an ignorant person, and even in shock from deception, to figure out which direction to move. This is why competent legal assistance at the stage of collecting evidence is so important.

Consequences. Fine. Why is it dangerous?

For the spouses themselves, as a rule, the consequences of a fictitious marriage are not particularly dangerous. Exceptions are cases when it is possible to prove that such a fictitious registration of marriage was only the initial link, which entailed serious crimes. In this case, the punishment can be up to imprisonment. however, in Russia such cases are extremely rare. There are no fines for such actions. There were attempts to make appropriate amendments to the legislation, but they were unsuccessful.

Other consequences may vary and depend on the intention of the spouse or spouses:

Recognition of a registered marriage as invalid. There are practically no consequences; the parties do not have any rights or obligations. A stamp appears in the passport containing information about the mistaken marriage.
Deprivation of Russian citizenship if it is proven that it was acquired by a foreign citizen through a fictitious marriage. In the future, obtaining citizenship, even legally, will be problematic.
Recognition of a marriage contract, if it was concluded between the parties, as invalid. In this case, all its provisions become invalid.

In addition, if only one party to the marriage had selfish motives, and the other did not know anything about it, then the injured spouse has the right to demand payment of monetary compensation through the court. Moreover, if the plaintiff can provide convincing evidence and the damage caused to him, including moral damage, is considered significant, then the amount of monetary payments can reach several hundred thousand rubles. Such cases have already occurred in judicial practice.

In some situations, if any monetary payment or benefit was obtained through a fictitious marriage, the consequences may be more severe, including criminal punishment. Therefore, it is important to hire an attorney who can provide good faith to the plaintiff and get the marriage declared null and void. Often the defendant tries to prove that the marriage was not fictitious, and therefore it is difficult to predict what the outcome of the case will be without legal assistance.

If there are children

If the spouses had no intention of starting a family, entered into marriage to achieve certain benefits, but managed to have a child, then the marriage cannot be considered fictitious. Even if the interested party is able to collect good evidence and submits a statement of claim according to all the rules, the court will not consider the statement. It will be possible to get a divorce, but on grounds common to all, with consequences in the form of emerging rights and obligations.

A child born within 300 days after the marriage is declared fictitious receives the same rights as if he was born into a real family. In this case, the court decision will not be canceled; the marriage will remain annulled due to its fictitiousness. The procedure for paying alimony and the place of further residence of the child are determined by the court in accordance with the legislation in force in the country.

How to terminate and invalidate

To recognize a marriage as fictitious and, therefore, invalid, you need to contact a city or district court with a prepared package of documents. There is no other way to solve this problem, in accordance with Russian legislation.

Before submitting documents, you should consult with a lawyer about the existing grounds and how to prove them. It also wouldn’t hurt to get help in drawing up a statement of claim and find out which documents will be required in any case.

The statement of claim is written in compliance with the norms and rules prescribed by the Code of Civil Procedure of the Russian Federation. It can be created on a computer and then printed or written by hand. The main thing is that it contains the following information:

The name and location of the court in which the claim is filed.
Last name, first name of the plaintiff and defendant, their places of residence, if possible - telephone numbers.
Detailed description of the circumstances. When, with whom and in what place was the marriage concluded. Do you have any children together? How was it revealed that the spouse did not have the goal of creating a family, but was pursuing personal benefits.
Legislative acts, paragraphs and articles are indicated that can confirm the existence of grounds for recognizing the marriage as fictitious and the legitimacy of the plaintiff’s claims.
The essence of the claim is indicated: to recognize the marriage as invalid on the basis of its fictitiousness. The plaintiff can immediately indicate a demand to recover compensation payments from the dishonest spouse in the desired amount. The requirements must be confirmed by references to the relevant laws of the Russian Federation.

The final part of the statement of claim specifies the documents attached to it. This list will require the applicant’s passport, the original marriage certificate, three copies of the statement of claim and a receipt confirming payment of the state fee. In accordance with paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation, the amount of state duty as of 2021 is 300 rubles. It also lists the evidence attached to the statement of claim.

The claim is completed by indicating the date of its preparation and the signature of the plaintiff. At the same time, it is important that the document does not have blots, corrections, strikeouts, or expressions of personal grievances and emotions. The language contained in it must not be interpreted ambiguously, and references to the legislative framework must be correct. If you have never drawn up statements of claim, it is better to entrust this work to a lawyer.

A statement of claim to recognize a marriage as fictitious and invalid is filed at the defendant’s place of residence in a district or city court. In exceptional cases, the document may be sent to the district or city court at the plaintiff’s place of residence. Such grounds may be that the plaintiff has a minor child or a serious health condition that prevents him from traveling to another city to participate in the trial. It is advisable to write a petition to the court to consider the application at the plaintiff’s place of residence, and to justify the request, attach a medical report on the state of health or the child’s birth certificate.

If the statement of claim is drawn up correctly and the necessary documents are attached, a date for the first trial will be set. The plaintiff needs to appear, preferably with a hired lawyer, so there is a greater chance of winning the case. It is important to attend all proceedings and be prepared to give the necessary explanations and provide the documents and evidence required by the court.

There is no point in hoping that everything will go quickly and without delays. Recognizing the invalidity of a marriage on the basis of its fictitiousness is one of the most difficult processes, which can take several months. Most likely you will have to spend six months or more. The proceedings may become more complicated if the defendant files a counterclaim in which he tries to prove that both parties acted solely for selfish reasons. Therefore, the help of a lawyer is also important here, who will make the right decision to act against such surprises.

It's hard to say what the outcome will be. If the court recognizes the marriage as fictitious and invalid, then within three days from the date of the decision, an extract from it will be sent to the registry office. The marriage itself will be considered invalid from the moment of its conclusion, which will be confirmed by a stamp in the passport. The spouses will not have any rights or obligations during a fictitious marriage, but various negative consequences are possible, including criminal punishment. This depends on the ultimate goals of the citizens who entered into a fictitious marriage.

Objection to a claim for invalidity of marriage

If the defendant has information that refutes the plaintiff’s allegations, then he has the right to file an objection to the claim to declare the marriage invalid .

This happens in cases where the plaintiff has only part of the information , and in a state of resentment files a claim, or really does not know all the circumstances that could have changed, or the circumstances have changed:

the marriage of one of the couple at the time of the new marriage could have become dissolved or terminated;
the spouse infected with HIV infection or a sexually transmitted disease may not have known about his condition at the time of the conclusion of the union;
reaching marriageable age by a previously minor spouse, etc.

The main condition for an objection is a change in circumstances by the time of the trial.

Court decision and legal consequences

If the court makes a positive decision and declares the marriage invalid , then three days after the decision comes into force, you can go to the registry office, where records of official relations will be canceled , and the union will be considered invalid from the date of its conclusion .

The legal background of this court decision is as follows: all rights and obligations of former spouses are considered unlawful , they no longer exist.

With regard to property, the situation is the same: there is nothing in common , who acquired what valuables, real estate, any items constituting property, now belong to the one with whose money they were purchased.

It is possible that the court will consider what was acquired during the official relationship to be common , but this does not apply to debts - it is prohibited to demand compensation for the debts of one of the couple at the expense of the property of the other.

Read a useful article about jointly acquired property here.

If there is a marriage contract, after the trial it becomes invalid , but in exceptional cases it is possible to recognize it as valid partially or in full (if the interests of one of the couple are infringed).

Completely strangers and organizations may be involved in relations with the couple, whose interests should not suffer from the results of the annulment of the marriage.

The spouse who was deceived during the formalization of the relationship is conscientious and can try to compensate for moral and material damage from the consequences of such a union . who has suffered from deception also has the right to sue for alimony for his maintenance .

If there are children in the marriage, then the consequences of declaring the parents’ marriage invalid do not affect them. Children have the right to receive funds for their maintenance and count on communication and education by both parents on the basis of current legislation (Article 30 of the RF IC).

If at first the marriage was fictitious, and then developed into a real one, then the court will have no reason to recognize such a union as invalid (in this case, only divorce is applicable to sever the relationship).

Consequences

If the marriage is declared fictitious, both spouses will face certain consequences. Unfortunately, in Russia there is no responsibility for registering such a marriage. Therefore, the parties are not required to pay an administrative fine or be otherwise responsible for their actions.

But the fictitiousness of the marriage union, proven by the court, has legal consequences. Property acquired during marriage can be recognized as community property and divided after divorce. In addition, almost all transactions entered into by the parties will be cancelled.

And most importantly, fictitious spouses are deprived of what they received thanks to their status. For example, a foreign citizen may be deprived of a temporary residence permit or even Russian citizenship. As a result, he will be deported from the country within 15 days after the decision enters into legal force.

Fictitious marriage unions are often used by scammers, and they are those who propose marriage by posting advertisements, etc. The benefit from this is obvious - many fake unions are used to obtain material benefits. Subsequently, the scammers try to divide their spouse’s property or abscond with his money.

When faced with fraud, you can suffer financial losses. But sometimes fictitious marriages are used to commit crimes.

The most common option not only in Russia, but throughout the world is the implementation of terrorist acts. If one of the spouses committed a crime for which a fictitious marriage was concluded, the second spouse will also be held accountable.

Arbitrage practice

Example No. 1

Having accidentally learned about the existence of another marriage of his wife, citizen S. sent a statement of claim to the court to declare his union invalid .

It turned out that the woman was in an official relationship , and when her passport was lost, the marriage stamp was accidentally not stamped. The court's request gave a positive result, and due to the previous union not being dissolved, the claim was granted .

Example No. 2

Citizen A. formalized a relationship with citizen Zh., who, 2 months after formalizing the relationship, learned about her HIV infection .

Citizen A. filed a lawsuit to declare the marriage invalid on the grounds that he was deceived by Zh., who concealed the fact of infection from him.

At the court hearing, citizen Zh. presented evidence of her accidental non-sexual infection , which also occurred after the marriage was registered, that is, intentional deception actually did not take place. The marriage of A. and J. was not declared invalid .

Example No. 3

Citizen E. filed a lawsuit with a request to annul the marriage, declaring it invalid . The reason is that the husband has a mental illness , which he did not warn E. about before the wedding.

A certificate from a psychoneurological dispensary certified that the illness occurred at the time the family was created, the person is registered, and a court decision declaring the man incompetent , dated before the day of marriage registration, was also presented. Citizen E.'s claim was satisfied .

Example No. 4

Citizen K. stated in her statement of claim that her marriage is a fiction - there are no marital relations, there is no joint household , and she lives separately with her husband.

The evidence presented convinced the court that the husband secretly used citizen K. to obtain a prestigious position in the capital . The court declared the marriage invalid .

Cases where marriages are concluded for personal gain may be declared invalid . To do this, a conscientious spouse must collect evidence, justify his position and file a statement of claim with the court at the defendant’s place of residence.

The court will consider all the evidence, consider and take into account the circumstances and render a verdict . If in fact the facts are confirmed, the marriage will be declared invalid.