The state registration of marriage is carried out for the official recognition of the relationship between a man and a woman. Citizens form a family, acquire certain rights and obligations to each other. Meanwhile, marriage does not always comply with the requirements of the law. In such cases, it can be canceled. Let us further consider the features and procedure for invalidating a marriage.
Causes
The conditions for invalidating a marriage are:
- Registration without the consent of one of the spouses.
- Prior to registration, the woman or man was already married, and he was not dissolved.
- One of the spouses (or both) is not 18 years old, and there is no parental consent.
- Husband and wife are relatives.
- Marriage is fictitious.
- One of the spouses was declared legally incompetent due to a mental disorder.
- Concealment by a person entering into marriage of information about his having a sexually transmitted disease or HIV infection.
To cancel a state registration, you must have at least one reason for invalidating a marriage. However, in practice, there may be a combination of reasons. It is worth saying that any reason for declaring a marriage invalid should be documented.
Dummy Registration
By its legal nature, such a marriage is similar to an imaginary transaction. The fact is that fictitious registration does not imply the onset of the consequences that should arise. In other words, citizens marry for a species, not intending to start a family.
Various documents and materials, including testimonies of witnesses, can serve as evidence of fictitiousness. To invalidate a marriage, confirmation of the duration of the marriage, the absence of common children, a joint farm, etc. is necessary. For cancellation of state registration, direct evidence of the falsity of the relationship can be provided. This may be an agreement between spouses.
Invalidation of marriage by a court is possible regardless of whether one spouse or both of them pursued selfish goals at registration. However, in practice it is rather difficult to prove the imaginary nature of a transaction. This is especially problematic if one of the marriages suspects nothing. The second person, pursuing selfish goals, creates for a certain period the appearance of care, a happy family, etc. However, having received what he wants, he dramatically changes his behavior.
When considering a claim for declaring marriage invalid by the court, it is necessary to carefully examine all the circumstances of the case. If necessary, you can bring neighbors, friends of fictitious spouses to the proceedings.
Disability of one of the spouses
Citizens with mental disorders may be declared legally incompetent by the court. This is done primarily to ensure the safety of the person himself and the entities surrounding him.
A citizen recognized as incompetent is not able to adequately assess his behavior, manage his own actions, anticipate and prevent negative consequences. His state of health does not allow him to consciously express his will at marriage. Accordingly, state registration in such cases cannot be valid.
Polygamy
In the UK, the principle of monogamy is fixed. This means that citizens are not entitled to register a relationship with one person if there is an unbroken union with another. Polygyny / polygamy is prohibited in Russia . You cannot have several husbands or wives at the same time.
Failure to comply with this requirement is an unconditional basis for filing a court claim for invalidation of a marriage. It is necessary to take into account some of the nuances of terminating such a union and understand the difference between this procedure and divorce.
A marriage can be canceled by a cheated spouse, as well as by a husband / wife or heirs of a previous, valid (undissolved) marriage. In this case, only the first registration will be recognized as legal. All subsequent marriages will be invalid.
Matrimony of relatives
The law prohibits the registration of marriage between direct relatives on the ascending and descending lines, half-brothers and siblings, adoptive parents and adopted children. In practice, relatives rarely contact the civil registry office to formalize relations. Nevertheless, such cases do occur.
To invalidate a marriage, enough documents confirming the kinship of citizens are enough.
Matrimony of minors
According to general rules, citizens must be at least 18 years old to get married. From this moment they are recognized as fully capable, that is, they are considered capable of acquiring rights and responsibilities by their actions. Meanwhile, there are exceptions to this rule.
If the state registration of the marriage is due to the protection of the interests and rights of the minor, you can get permission to marry up to 18 years. It can be issued either by the local authority, or by parents, or by the guardianship authority.
The court has the right to refuse to satisfy the claim for invalidating a marriage with a minor, if this infringes on the interests of a person under 18 years of age. As a rule, we are talking about pregnancy or the birth of a child. To preserve the marriage, you must provide evidence - a medical certificate.
Lack of consent
Coercion to state registration of relations is also an unconditional basis for applying to the court with a statement declaring the marriage invalid.
You can force someone in various ways:
- Introduce intoxicated (alcoholic, toxic, narcotic).
- Apply violence (psychological, physical) or express threats of its use.
- To deceive, to mislead.
Recognition of a marriage as invalid is permitted if, at the time of state registration, one of the spouses was unable to control their actions, but upon recovery he terminated the relationship.
To obtain evidence of forced marriage, a forensic psychiatric examination is required. During the trial, the way of coercion will not matter. The main thing is that registration is made without the consent of one of the spouses.
Concealment of HIV or Sexually Transmitted Disease
This circumstance is the basis for the recognition of the invalidity of the marriage due to the fact that the life of one of the spouses and the unborn child is in serious danger. It is worth saying that infection with a venereal disease or HIV infection in the Russian Federation has been criminalized.
In this case, marriage can be declared invalid if the second spouse did not know about the presence of diseases. In addition, the statute of limitations must be observed. You can apply no later than one year from the date of registration.
The mere presence of HIV infection or sexually transmitted disease cannot be considered an obstacle to any relationship.
Who has the right to appeal the validity of a marriage?
The legislation enshrines a list of persons who have the opportunity to apply to the court, depending on the specific circumstances of the case.
If a marriage is registered with a minor without the necessary permission, the right to challenge its validity is:
- The legal representative of the person (parent, guardian, adoptive parent, etc.).
- Himself a minor.
- The prosecutor.
- Guardianship authority.
If a minor is 18 years old at the time of going to court, only he has the right to submit an application.
If the registration was carried out under duress, the person who interests have been violated, or the prosecutor directs the lawsuit to the court. If the marriage is concluded with a citizen who already has a registered relationship, is recognized legally incompetent or a relative, the right to submit an application is entitled:
- The cheated spouse or his legal representative.
- Guardianship authority.
- Relatives of the spouse with whom he was previously married but not divorced.
- The prosecutor.
- Other entities whose rights have been infringed.
In order to invalidate a fictitious marriage, a deceived citizen or prosecutor may also apply to the court. When hiding information about the presence of a sexually transmitted disease or HIV infection, only the second spouse can challenge the registration.
If a lawsuit is filed by a citizen not included in the list of subjects of law, the court may refuse to satisfy it. The subject of law is not a person who obviously does not comply with the requirements of the law, that is, involved in fictitious registration.
Features of challenging marriage
Invalidation of registration is carried out according to the rules of the Civil Procedure Code. According to the Code, an interested person included in the list of legal entities draws up a lawsuit. His mandatory details are:
- The name of the authority that is authorized to consider the case.
- Information about the plaintiff and the defendant (F. I.O., addresses, contacts).
- Enumeration of applications.
- Date of compilation, signature.
The text of the application briefly describes the circumstances of the case, the grounds on which the marriage must be declared invalid.
Among the annexes must be present documents proving the position of the plaintiff, as well as a receipt on payment of the fee.
Reasons for court refusal
It must be said that not in all cases the claim for recognition of the invalidity of the marriage can be satisfied. The legislation provides for certain reservations.
So, a marriage is recognized valid if:
- As of the date of consideration of the application, the circumstances indicated therein have disappeared.
- Registration of relations in which the minor is a party was made in his interests.
- After the conclusion of a fictitious marriage, citizens really created a family or it was terminated by a court decision. The exception is the registration of relations between relatives or the establishment of the fact of polygamy / polygamy.
The consequences of invalidating a marriage
If the claim is satisfied, registration will be canceled. In fact, this means that marriage has never been concluded.
The legal consequences of the procedure are defined in civil law. First of all, the former spouses do not retain the rights and obligations that arise in general cases from marriage. For example, when invalidating registration, one spouse gets the opportunity not to pay child support. At the same time, if some amount was nevertheless transferred, it is not refundable.
If a prenuptial agreement has been drawn up, after the recognition of the invalidity of the registration, it shall lose force.
Another consequence is that former spouses are given the previous names.
In litigation, only children have privileges. The court should protect their interests and rights in the first place.
Property division
If the marriage is declared invalid, the money acquired during the “married” life will not be divided according to the provisions of the UK, but in accordance with the Civil Code. So, each entity will receive that part of the property that it acquired with its own money. For example, if a husband bought a microwave oven, then after a court decision is made, he will remain with him.
If the couple bought something together, then by their consent, one will receive the thing, and the second - compensation. After receiving the money, the person will lose the right to share in the common property.