Marriage is a legally formalized free and voluntary union of a woman and a man, aimed at creating a family and generating mutual rights and obligations. It is based on a feeling of love, true friendship and respect - the moral principles of building a family in our society.
In accordance with the law, only a marriage registered in the prescribed manner gives rise to the rights and obligations of the spouses (Article 17 of the Code of Laws of the Russian Federation). Marriage registration takes place in the departments (bureaus) of civil registration of district, city, state. administrations. The marriage cannot be registered by any other authority. Otherwise, it does not give rise to the rights and obligations associated by law with the emergence of marriage. Believers sometimes consider it necessary for themselves to perform a religious ceremony of marriage. However, it must be borne in mind that such a rite, as well as other religious rites (baptism, etc.), has no legal significance. A church wedding cannot replace marriage registration.
The current legislation on marriage and family does not link the actual cohabitation of a man and a woman with legal consequences. Regardless of the duration of this cohabitation, it does not give rise to the rights and obligations arising from a marriage.
Both the state and society, as well as citizens, are interested in registering a marriage. Being an act of state recognition, marriage registration ensures strict compliance with the conditions of its conclusion.
Only in the case of marriage registration are marital relations distinguished from many other social relations and given official significance. Registration makes it possible to keep statistical records of the number of marriages, their duration, and the age composition of persons entering into marriage. Statistical data on marriages is used as the basis for fertility planning, which is important in the state’s implementation of demographic policy. When planning production in general and, in particular, the production of consumer goods, the location of production enterprises, the construction of nurseries and kindergartens, and schools, taking into account the number of registered marriages is of great importance. Marriage registration is also carried out for the purpose of protecting the personal and property rights and interests of spouses and children born from marriage. To exercise these rights, in some cases it is necessary to present a marriage certificate confirming the registration of the marriage.
A marriage certificate issued to confirm marriage is necessary for the exercise of not only inheritance, but also other rights. Without its presentation, it is impossible to receive a pension in the event of the loss of a breadwinner, which was the deceased spouse; collect alimony for the spouse and children born from the marriage, etc.
Registration of marriage consolidates in the minds of the spouses and everyone around them the idea of the strength of the emerging marriage union, since such a union is taken under the protection of the state. Registration promotes a greater sense of responsibility to the family.
Marriage is not only an expression of platonic relations between a man and a woman, but also represents a set of legal norms on the basis of which mutual personal and property rights arise between spouses. What is a marriage union, what is the responsibility for violating the rights and obligations of spouses - we will talk about this in more detail in our article.
In accordance with the legislation of the Russian Federation (in particular, clause 2 of Article 1 of the RF IC), an official marriage is recognized as a voluntary union between a man and a woman, based on monogamy, and registered with the state civil registry office (ZAGS). Marriage registration is confirmed by the issuance of a “Marriage Certificate” of the established form. It is undoubtedly worth noting that in modern world The institution of marriage has completely changed - individual freedom of a person is today the most important value, which, accordingly, entails a significant decrease in the number of registered marriages, the permissible age for marriage has been increased, the number of lawsuits in the courts is inexorably growing, and the number of children born in marriage has decreased significantly. Society has also changed its attitude towards marriage - if a couple of decades ago it was very important that the relationship between a man and a woman be officially registered, today the so-called civil marriage is considered the norm.
Conditions and procedure for marriage
Marriage in Russia takes place at the state civil registry office (registry office). The period determined between filing the application and the actual date of registration of the marriage union is 1 month. Exceptions include cases with special circumstances where it is required marriage directly on the day of filing the application, for example, pregnancy, birth of a child, threat to the life of one of the parties, etc. In addition, due to any valid reasons, the specified period may be extended, but not more than by 1 month. Marriage involves a number of mandatory conditions, which include:
- reaching the age of 18 (due to exceptional cases, Russian legislation allows marriage registration at the age of 16);
- mutual consent of those entering into a marriage union;
- the absence of a previous marriage among future spouses (Russian legislation prohibits polygamous (bigamous) marriage, or polygamy (Articles 12, 14 and 27 of the RF IC);
- lack of kinship and family ties on both sides (that is, marriage cannot be registered between brothers and sisters, direct and descendant relatives, as well as between adoptive parents and adopted children);
- the legal capacity of citizens who want to register a marriage (that is, persons recognized by the court as incompetent as a result of dementia or psychological disorders cannot enter into marriage).
A joint application submitted by the bride and groom to the registry office confirms:
- voluntary mutual consent of both parties to register the marriage;
- the absence of any circumstances that may prevent marriage;
- full names of those entering into marriage, their dates and place of birth, citizenship and place of residence;
- age of those entering into marriage (full years at the time of marriage registration with government agencies);
- future surnames determined by those entering into marriage;
- full details of identification documents.
The application is signed personally by the persons wishing to get married, and the date of its preparation must be indicated.
Invalid marriage
The conclusion of a marriage union may be declared invalid by the court in the following cases:
- registering a marriage without the intention of starting a family, that is fictitious marriage;
- concealment of sexually transmitted diseases or HIV infection;
- lack of consent to marriage by one of the parties;
- the presence of a previously concluded and undivorced marriage.
In a marriage that has been declared invalid by a court, the rights and obligations of the spouses cannot arise.
A spouse who did not know about the presence of any obstacles to registering a marriage has the right to retain the surname chosen at the conclusion of the marriage. If one of the spouses conceals the fact of a previously concluded and undivorced marriage, based on the norms of the Family Code of the Russian Federation, the other party has the right to demand the division of property on more favorable terms. Let us note that the recognition of a marriage as invalid in no way affects the rights of children born in this marriage.
Personal rights and obligations of spouses
In accordance with paragraph 2 of Art. 10 of the Family Code of the Russian Federation, the rights and obligations of spouses arise from the moment state registration marriage in the registry office.
A man and woman who register a marriage with state civil registry authorities acquire personal, property and non-property rights and obligations. The personal rights of spouses include:
- voluntary choice of the surname of one of the spouses as a common one, preservation of the premarital surname or choice of a double surname (combining the surnames of both spouses);
- freedom to make decisions regarding the choice of profession and type of activity, place of residence.
Personal non-property rights and obligations of spouses include:
- making joint decisions regarding issues about family life;
- making a decision and giving consent to the adoption of a child by one of the spouses;
- decision on divorce;
- the duty not to interfere with the choice of profession and occupation.
The property rights and obligations of spouses include:
- relations in matters of property, movable and immovable property;
- alimony relations (that is, relations for the mutual maintenance of spouses and children born in marriage).
In Russian legislation, family law involves two types of property relations between spouses:
- premarital property, that is, owned by one of the spouses before marriage;
- property that was acquired during cohabitation.
Property relations in marriage
Common joint property is property that was acquired during family marriage at the expense of the joint income of both spouses (clause 2 of article 34 of the RF IC). Jointly acquired property is considered joint property, regardless of whose name it was acquired in.
Please note that “civil marriage” is not the basis for creating joint ownership of property.
Joint ownership does not imply the determination of shares; all participants jointly own and use common property, and dispose of it by common consent. Participants in joint ownership do not have the right to alienate or donate their share without first determining it. Only after the allocation of his share, the common joint property passes into common shared property, where each participant acquires the right to independently dispose of his share of the property: give as a gift, transfer to other persons, pledge. A different regime of property ownership may determine the content of which includes the rights and obligations of spouses regarding the maintenance of property and the procedure for managing family expenses. A marriage contract can be concluded not only before the marriage is registered with state authorities, but also at any time during its validity; it can be terminated or changed at any time by mutual consent of the spouses. The document must be drawn up in writing and must be certified by a notary. Action marriage contract terminates simultaneously with the termination of the existence of the marriage union.
The content of the marriage contract should not contain conditions limiting legal capacity and violating the principles of equality between men and women, consisting of official marriage.
Except common property, persons who are officially married may have personal property, in particular:
- property that belonged to the spouse before marriage;
- property that was received during marriage as a gift or as an inheritance;
- personal items (except for luxury items and jewelry).
The spouse has the right to own, use and dispose of this property at his own discretion. However, we note that Russian legislation also provides for the fact that the other spouse invests funds in personal property, which can significantly affect the increase in its value, which, in turn, provides grounds for its recognition by the court as common property. joint property.
Example. One of the spouses owned an apartment before marriage; the other party invested funds for its complete overhaul. Accordingly, this property becomes the common joint property of both spouses.
Alimony relations
In addition to property and non-property rights, after marriage, spouses acquire a mutual obligation to provide material support to each other, which has a legal nature. In case of evasion of alimony payment, the spouse in need of financial support has the right to apply to the judicial authorities to collect it. Alimony is collected from the spouse who has for this purpose necessary means in cases:
- disability of the needy spouse;
- pregnancy and birth of a common child (within 3 years from the date of birth);
- when one of the spouses cares for a common disabled child of the 1st group since childhood.
Alimony is subject to monthly payment in a certain amount monetary amount. You can read about how to collect alimony in the article "".
Medical examination before marriage
Based on Art. 15 of the Family Code of the Russian Federation, persons entering into a marital relationship have the right to undergo a medical genetic examination in order to identify the presence of any diseases that may pose a danger not only to the health of the other spouse, but also to future offspring. Medical examination is voluntary and is carried out with the personal consent of those entering into marriage. Medical genetic examination can be carried out in any state or municipal institutions health care, staffed by specialists who have the right to conduct such examinations. The results of the examination are the personal medical secret of the person entering into marriage, and its illegal disclosure, in particular, to the future spouse entails civil liability with compensation for moral damage caused to the victim (Article 151, 1099-1101 of the Civil Code of the Russian Federation). Undoubtedly, future spouses may ask to see the conclusion of a medical examination, in which case the other party has every right to refuse the examination or to inform them of the results obtained. However, in the event of a deliberate concealment of one of the parties to the marriage about the presence of a sexually transmitted disease or HIV infection, the other party has the right to appeal statement of claim to the court to declare the marriage invalid (Articles 15, 27-30 of the RF IC).
- Marriage registrationWhat is marriage and what is the legal significance of registering a marriage?
Marriage is a legally formalized free and voluntary union between husbands and
ranks and women, aimed at creating a family and generating mutual
rights and responsibilities.
Legal registration of marriage consists of its registration. According to
with the law, only a marriage registered in the prescribed manner, according to
gives rise to the rights and obligations of spouses (Article 13 of the Code of Laws of Ukraine). Register-
Marriage registration takes place in state civil registry offices.
whose condition.
The marriage cannot be registered by any other authority. Vs.
However, it does not give rise to rights and obligations associated with the law
the emergence of marriage.
Can wedding registration replace marriage registration?
Many people consider it necessary to perform a religious ceremony
marriage. However, it must be borne in mind that such a ritual, just like other
religious rites (baptism, etc.) have no legal significance. Ven-
Church attendance cannot replace marriage registration.
Does the current legislation of Ukraine on marriage and family link the actual cohabitation of a man and a woman with legal consequences?
The current legislation on marriage and family does not bind the actual
cohabitation between a man and a woman with legal consequences. Regardless
from the duration of this cohabitation it does not give rise to rights and obligations
obligations arising from the marriage.
Why is marriage registration necessary?
Both the state and the citizens themselves are interested in registering a marriage.
Not. Being an act of state recognition, marriage registration ensures
requires mandatory compliance with the terms of his imprisonment. Only in case
Marriage registration is distinguished from many other social relations -
Every marital relationship is given official significance. Register-
tion of marriage is also carried out for the purpose of protecting personal and property
rights and interests of spouses and children born from marriage.
Why is a marriage certificate needed?
A marriage certificate is necessary to exercise the above rights,
confirming marriage registration.
For example: K. came to see the judge and told the following. Husband, s
whom she lived for 15 years, died. They didn’t register their marriage, but they lived
is it friendly? Both earned good money during living together purchased
carry valuables. A deposit was made in the name of the husband, which was constantly
filled up at their expense common funds. K. was sure that after death
her husband will remain his only heir. She knew that the deceased
was once married to L., did not break up the marriage with her, but for many years he has not
lived with his wife. And now L. is claiming to receive an inheritance.
Valid in in this case the heir by law will be L. Actually
Some cohabitation does not give rise to inheritance rights, unless
but no will was left. The right of general joint ownership does not arise either.
responsibility for acquired property. True K. in accordance with Art. 115 GK
Ukraine may demand the allocation of a share in the property by proving the investment
investment in his acquisition of his personal funds or labor, since in
In this case, shared ownership relations arise.
Marriage certificate issued to confirm marriage
necessary for the implementation of not only hereditary, but also other
right Without presenting it, it is impossible to receive a pension in case of loss
the breadwinner, who is the deceased spouse; collect alimony for soup
spouse and children born from marriage, etc.
What is the procedure for getting married?
Marriage occurs after month period after submission
persons wishing to get married, applications to a government agency
civil records. For individual cases, the law
The Ukrainian government provides for a reduction in this period. Reasons
reduction of the monthly period may be conscription for compulsory military service-
bu, the upcoming departure of the future spouse who is in military service -
who came for a short period of time to register a marriage, pregnancy
women, the birth of a child, an urgent trip on a business trip, etc.
The above and other respectable circumstances must
be confirmed by relevant documents - vacation pay
certificates, certificates of pregnancy, birth of a child, etc.
Is there an increase in the monthly period for marriage?
According to the current legislation of Ukraine on marriage and family,
Under no circumstances will this period be extended. Nap-
example: the period for registering a marriage cannot be increased even if it is
caused by a serious illness of one of the future spouses, depriving him
opportunity to appear at the registry office on time.
Where should I go if I lose my marriage certificate?
If you lose your marriage certificate, you can contact the registry office with a request
fight for the issuance of a repeated document. If in the registration books of the registry office there is no
a record of marriage registration has been preserved and in the restoration of such a record
Registry office authorities refused, the court can establish the fact of marriage registration.
What is the procedure for going to court to establish the fact of marriage registration?
Both spouses can apply to the court about this. If the
application is submitted by only one of them, the other spouse is invited to participate in
case as an interested party (see Appendix N1).
Why are the conditions for marriage necessary?
The law establishes the conditions for marriage and obstacles to its conclusion.
imprisonment (Art.
15 and 16 KoBS of Ukraine). Compliance with the terms of marriageka is necessary for the marriage to acquire legal force. Subject to availability
obstacles, the marriage is considered illegal.
What are the conditions for marriage?
The conditions for registering a marriage are the mutual consent of the persons entering into
getting married, and their reaching marriageable age (Article 15 of the Code of Laws of Ukraine -
into it, experienced coercion (violence, threats or other means of
effects on the psyche). Coercion may come from one of the intervenors.
marriage partners, parents, relatives, acquaintances.
What marriageable age according to the legislation of Ukraine?
Marriage age is associated with the onset of adulthood in men -
18 years old, and for women the age of marriage is 17 years old.
By this time, young people achieve physical, intellectual and
mental maturity. It is assumed that at the same time social
al maturity.
By what time must the marriageable age be reached: by the time of filing the application for marriage registration or by the time of registration of the marriage for the marriage to be valid?
When submitting an application to register the marriage of M. and K., the last to complete
My birthday was missing 3 weeks. The registry office employee refused to accept
legal consultation, where K. went, they explained to her that the
The registry office worker did the wrong thing. The application should have been accepted, so
how the issue of a person reaching marriageable age is resolved at the time of re-
registration of marriage, and by this time K. would have already reached adulthood.
The law defines the minimum age for marriage, but does not establish a threshold
reasonable marriageable age. Often marriages 3 are registered by people and
in old age. A significant difference in age does not matter either.
those persons entering into marriage.
Could the age of consent be lowered?
The age of marriage may be reduced, but not by more than 1 year (Article 16
KoBS of Ukraine). When applying for a reduction in the age of consent, you must
Contact the city government administration at your place of residence.
Other bodies do not have the right to decide this issue. Lowering the age of marriage
permitted only in certain exceptional cases. These are usually
are: pregnancy of a minor, birth of a child, actual
well-established marriage relationships, a call for military service etc.
The rules on lowering the age of marriage apply to both men,
as well as for women.
When submitting an application for marriage, you must present a decision
state administration to lower the age of consent.
Marriage registration of persons whose marriageable age has been reduced occurs at
on general grounds.
Conditions for marriage
Is it possible to conclude a marriage contract?
Yes. Such a possibility exists, the resolution of the Cabinet of Ministers of the UK-
contract.
Is it necessary to conclude a marriage contract upon registration?
A marriage contract between those entering into marriage is concluded at their request and
comes into force from the moment of its registration.
At the request of the parties, the marriage contract may be concluded in the presence of
witnesses.
What may be included in marriage contract?
The marriage contract provides for property rights and obligations
ty spouses, in particular, issues related to ownership of
movable or real estate both for goods acquired before marriage and
during marriage, on property received as a gift or inherited by one
one of the spouses, as well as issues related to the maintenance of spouses, and
other. The prenuptial agreement may address issues regarding the order of repayment
debts from joint or separate property. Can also pre-
non-property, moral or personal obligations are provided for.
When are the terms of a marriage contract considered fulfilled?
Conditions of the marriage contract regarding the transfer of ownership
on movable or other property, if provided for by law
special procedure for acquiring this right are considered fulfilled
only after proper registration.
Can the terms of a marriage contract infringe on the rights of one of the
spouses in comparison with the current legislation of Ukraine?
The terms of the marriage contract should not worsen the situation of the spouses
compared to current legislation.
Where should the marriage contract be concluded?
The marriage contract is concluded at the place of residence of one of the parties or
at the place of marriage registration.
Should parental or legal consent be obtained?
representatives to conclude a marriage contract when the marriage price is reduced
age?
In the event of a reduction in the age of marriage in accordance with the current law,
legislation conclusion of a marriage contract by minors
is carried out with the consent of their parents or their legal representatives.
In what form should a marriage contract be drawn up?
To conclude a marriage contract, a mandatory notary is established.
al form (see Appendix N2).
Is it possible to change the terms of a contract after it has been concluded?
A prenuptial agreement may include a provision to change its terms.
Such changes can be made with the consent of the parties during the trial.
the existence of a marriage by an agreement concluded in the manner prescribed
to conclude a marriage contract.
In what cases can a marriage contract be recognized and by whom?
invalid?
A marriage contract is declared invalid by the court in case of non-compliance
changes in the terms of the procedure for its conclusion or conclusion of a contract after re-
registration of marriage, as well as in the event of a deterioration in the situation of any of the spouses
gov in comparison with the legislation of Ukraine.
Are the terms of the marriage contract taken into account by the court when
divorce?
Upon dissolution of a marriage and its recognition as invalid, property
disputes, disputes about children and others are resolved by the court on the basis of the current
legislation taking into account the terms of the marriage contract.
Each party to a marriage contract has the right to judicial protection in
if the other party fails to comply with the terms of the marriage contract.
Is there a state fee for certification?
marriage contract?
State duty for certification of marriage contract
is charged in the amount provided for in subparagraph "e" of paragraph
"tax" i.e. 0.05 percent of the minimum wage
(no indexing).
What are the obstacles to marriage?
It is not permitted to enter into marriage between persons of whom
at least one is already in another marriage. Under another marriage there is
meaning a registered marriage that has not ended or been dissolved.
Therefore, persons who were married can register a new
marriage only upon presentation of documents confirming the termination
previous marriage (death certificate of the spouse, certificate of
divorce). If in the documents foreign citizen, register-
who is planning our marriage, there is no information about his previous marriage, he must
submit a certificate issued by the competent authority of his country indicating
knowledge that he is not married. This condition is based on the principle
monogamy.
Registration of marriage between relatives is not allowed
in a straight ascending and descending line, between full-born (having
common father and mother) and half-born (having only one gender in common)
parent) brothers and sisters, as well as between adoptive parents and adopted
nym. This prohibition is based on the fact that narrow-breed marriages lead to
often to a higher than usual percentage of hereditary diseases
vaniya, developmental defects of the offspring - mental retardation,
speech defects. Lateral kinship of more distant degrees (cousins,
second cousins, uncles and nieces, aunts and nephews) not
is an obstacle to marriage, although practically marriages between
aunts and nephews, uncles and nieces almost never meet.
Marriages between half-brothers and sisters (children) are not prohibited.
each spouse from previous marriages, as well as between
nicknames (each spouse is related to the relatives of the other spouse)
friends, as well as relatives of the spouses among themselves).
Prohibition of marriages between adoptive parents and adopted children
based on the fact that they are equal in rights and responsibilities to their birthright
tel and children by origin. According to the law and moral standards
this prohibition should also apply to marriages between a stepfather and
stepdaughter, stepmother and stepson, since between them there are also
relationship similar to that between parents and children.
2 It is not permitted to enter into marriage between persons, of whom at least
one person has been declared incompetent by a court due to mental illness or
dementia, since the incapacitated person cannot be aware of the acts being committed
actions or direct them. Consequently, it is not capable of
to develop a conscious will to enter into marriage. The purpose of such a ban
Protection of the interests of the incapacitated person himself, since
Getting married can worsen his condition. At the same time, in this way
The appearance of defective offspring is prevented. Mental illness and
Dementia is often a hereditary disease.
The incapacity of a person serves as an obstacle to marriage, only
if it is established before marriage registration, although after
submitting an application to the registry office. If a person is declared incompetent after
marriage with him, the marriage can only be terminated by divorce.
It also happens: a person is not recognized by the court as incompetent, but is completely
it is obvious that he does not understand the actions being taken and does not control them
(for example, during exacerbation of severe schizophrenia). In that case
marriage should not be registered by a registry office employee, since it cannot
the condition of freedom and voluntariness in it must be met.
Due to the lack of conscious will of the person, the marriage cannot be registered.
also occur in cases where a person is temporarily in a state
not giving him the opportunity to realize the nature of the actions being performed
(heavy alcohol intoxication, drug exposure, etc.). Do not pre-
the presence of diseases such as tuberculosis hinders marriage
diseases, cardiovascular and other diseases. At the same time, the recording authority
acts of civil status, who accepted the application for marriage registration,
must ensure that persons entering into marriage are mutually aware
us about the state of health. Otherwise, conflicts may arise
in the family, which can lead to its breakdown and divorce.
Invalidity of marriage and what is connected with it
Under what conditions is a marriage declared invalid?
In accordance with Art. 45 Code of Laws of Ukraine is declared invalid
marriage registered in violation of the conditions provided for in Art. Art.
15-17 Code of Laws of Ukraine, as well as a marriage entered into without the intention of creating
give a family (fictitious marriage).
In what cases is a marriage declared invalid?
The question of the invalidity of a marriage arises if it was concluded during
lack of mutual consent among the spouses; with a face that has not reached
marriageable age, unless it is reduced in accordance with the law
Vom of Ukraine; if a party or parties have another undissolved
th marriage; with a person declared incompetent due to mental illness
illness or dementia; with a close relative; adoptive parent with adopted-
noah (adopted). A marriage can also be declared invalid if
whether it will be established that at the time of his registration, the person, although not
was declared incompetent, but did not understand the significance of his actions and
was not able to lead them, and therefore could not express conscious
noah will to marry. So, K. married A. -
A 76-year-old seriously ill pensioner, a disabled person of the first group and propi-
landed on his living space. It was found that A. during the registration period
radio of the marriage was in such a state in which he could not realize
neither their actions nor their consequences. At the prosecutor's request, the court found
the marriage was invalid and the deed record of its registration was annulled.
K. was subsequently evicted to judicial procedure from apartment A. without
provision of living space.
To establish that at the time of marriage a person is not
could be aware of the actions he was performing, he is often assigned
pediatric psychiatric examination.
It happens that a marriage is concluded in violation of several rules at the same time.
catch: with the connivance of the civil registry office employee, a non-racial
trafficked marriage, enters into a new marriage with a minor who is not
The marriageable age was lowered in accordance with the established procedure. Or, for example,
the marriage was concluded with an incapacitated person, despite the fact that the healthy spouse is not
dissolution of a previous marriage. Violation of any of these conditions entails
constitutes recognition of the marriage as invalid, not to mention their total
ness. Legal consequences associated with declaring a marriage invalid
telny, in this case they do not get worse.
A fictitious marriage is also recognized as invalid, that is, a marriage contracted
detained without the intention of starting a family, but with the goal of acquiring quality
any property or other benefits: rights to a pension in case of loss
breadwinner, rights to registration, property, rights to use benefits,
provided, for example, to a personal pensioner; in order to re-
blocks of living space for money, etc. Entering into a fictitious marriage can
may also be dictated by the desire to free oneself from government
distribution after completion of higher or secondary specialized education
nogo establishment.
Let's give an example: a marriage was concluded between K. and M., the recognition of
which was brought invalid by the claim of B. and O. - mother and daughter
Cherny K. It was established that K., suffering from a severe form of tuberculosis,
Leza, at the time of marriage registration he was in the hospital in serious condition.
yaniya. M. became aware of K.’s diagnosis and serious health condition.
the next day after registering the marriage, M. began to apply for pro-
letter to K.’s living space, without the consent of either K. himself or his
mother, also registered in this square. All these circumstances gave
grounds for concluding that the marriage was not concluded for the purpose of creating a family,
and in order to obtain the right to living space K.
A marriage is considered fictitious in the case where both parties did not have
intention to start a family, and in the absence of such intention only
one of them.
Z. (born in 1905) and Ch. (born in 1924) registered
marriage. Subsequently, Z. filed a lawsuit for recognition of this marriage
invalid, citing the fact that the defendant entered into it without
intentions to start a family, but pursued the goal of getting living space in the city.
Kyiv, where Z lived. Having registered for living space, the defendant more than once
She said that she intended to live with Z. only as a guardian. Soup-
friendly relations between the parties were not maintained, household
business was conducted separately, property was not acquired jointly. There was a marriage
declared invalid, although there was no intention to start a family
Can the court and in what cases refuse to recognize a marriage of non-
valid?
Yes, it can, if it establishes that the marital relationship between the parties
still came together. Let us explain with an example: D. and P. registered their marriage in
1992 Before that, each of them was married and had children: P.
Son, and D. - son and daughter. D. lived with
children in 2 rooms of a communal apartment with a total area of 20.4
m 2, and P. and his son in one-room apartment size 18
m 2. After registering the marriage of D. and P. with mutual consent of the
exchanged the premises they occupied, moving into a three-room apartment
ru size 40.2 m2.
In April 1993, P. filed a claim against D. to declare the marriage invalid.
responsive, referring to the fact that the defendant registered a marriage with her,
having no intention of starting a family and at the beginning of April 1993, he stopped with
her marital relationship. The plaintiff also claimed that D., entering with
to marry her, pursued only the goal of improving his housing at her expense
conditions. However, these allegations by the plaintiff were not supported by evidence.
bodies. On the contrary, it was clear from the case that each of the parties, having
while raising minor children, needed each other and
creating a family, for which she specifically asked for assistance from the service
dating city. For the same purposes, both P. and D. took active
measures to exchange their apartments in order to have a common living area. This
The plaintiff did not challenge it in court. A. and K., with whom the agreement was concluded
exchange, showed in court that all issues related to the exchange of apartments,
it was decided by the plaintiff, who was in a hurry to draw up the contract. P.'s arguments about striving
the defendant's efforts to improve his living conditions due to her roommate
natal apartments are not supported by evidence. As can be seen from the case,
the defendant, in connection with the conflict, occupied a room with his children
measuring 15 m2, leaving 2 rooms for the use of the plaintiff and her son -
you are 25.2 m2 in size. In your letters sent to the court, you answer -
Chik stated that he does not lay claim to the plaintiff’s living space. Not found
confirmation of P.'s conclusions about the fictitiousness of the marriage and in the testimony of witnesses.
The court found that the conflict between the parties arose on the basis
jealousy of D., who accused the plaintiff of adultery, that
cannot serve as a basis for a court decision to recognize
marriage is invalid.
Where should I go to have my marriage declared invalid?
To declare a marriage invalid, you only need to go to court, but
at the defendant's place of residence. No other body has dealt with such cases.
You have no right to swear.
Who can file a claim to have a marriage declared invalid?
The apartment neighbor, having learned that V. registered his marriage with B., did not
having dissolved his previous marriage, he went to court and asked to recognize
this marriage is invalid. The judge refused to accept such a statement,
which caused confusion for the applicant. But the judge did the right thing. Not any
a person may apply to the court for recognition of the marriage as invalid -
nom. Such a claim may be brought by spouses, persons whose rights have been violated
conclusion of an invalid marriage, as well as guardianship authorities
reading or prosecutor.
The plaintiff is determined in relation to the basis for the marriage
is declared invalid. If the condition of voluntariness is violated
marriage affects the personal interest of the spouse in relation to
whom coercion was committed. Therefore, the spouse forced into confinement
marriage, and may be a plaintiff in the case of declaring the marriage invalid
tel. In the interests and with the consent of the injured party, such a claim may
be presented by the prosecutor. Recognition of marriage as invalid
concluded by a minor without reducing him in the established
in accordance with the age of marriage, the minor himself may demand
tso, as well as his parents (trustees). In case of violation of the terms of
monogamy, the plaintiffs in the case of declaring the marriage invalid may
be a spouse in both an undissolved and contested marriage
ku. After the death of the spouse who was invalid marriage, lawsuit
the heirs of the deceased may apply for its invalidation
her (wife by actual marriage, children, parents, brothers,
sisters, etc.)
A claim to declare a marriage invalid may be brought by an organization
ation - body social security, since pension
the surviving spouse is paid only if he was in active
intimate marriage with the deceased.
The plaintiff may be a housing authority due to the fact that with the invalidity
The relationship of marriage is related to the solution of the issue of the right to living space;
financial authority, since declaring a marriage invalid may
entail the transfer of the property of the deceased to the state. In any case
In such a case, a prosecutor may file such a claim, and when entering into a marriage with
for minors - also the guardianship and trusteeship authority.
The marriage is declared invalid. What are the legal consequences of
called with this?
Citizens who were in an invalid marriage do not have
does not include personal or property rights and obligations. With recognition
If a marriage is invalid, the spouse loses the right to bear the other's surname
spouse accepted by him before marriage registration. For property acquired
in an invalid marriage, the general joint regime does not apply
property. Property is considered to belong to the spouse who
ry bought it. The other spouse may demand recognition of his right
to a share in the property only if he uses his own means or labor
participated in its acquisition.
The fact of registration of property acquired during an invalid marriage
(households, cars, etc.) is not in the name of one of the spouses
indisputable proof that it belongs only to this person. Other
the other spouse can provide proof of investment in the purchase
retrenched property.
Does the annulment of a marriage as invalid entail the termination
child support obligations?
Annulment of a marriage as invalid entails co-
fight termination and alimony obligations only between spouses. Od-
However, the amounts of alimony already collected from the spouse whose marriage is recognized
invalid, non-refundable.
Are there exceptions for one of the spouses in case
annulment of marriage due to violation of the requirements for monogamy of the other
your husband?
Yes, it is provided. For example, a spouse who did not know that the other
the other spouse is in an undissolved marriage (bona fide spouse),
the right to receive alimony from the guilty spouse arises, as well as
the right to jointly acquired property, that is, the consequences remain,
which usually occurs upon termination valid marriage. Explanation
This is due to the fact that when the condition of monogamy is violated, the perpetrator is often
there is only one person who hid the fact of the state in an undissolved marriage
Should the surname of a bona fide spouse be changed to
the former if the court declares the marriage invalid10?
The right to bear the surname adopted upon marriage
owes to a conscientious spouse, regardless of the basis on which
the marriage is declared invalid (part 4 of article 49 of the Code of Laws of Ukraine).
Does the court's recognition of a marriage as invalid affect the rights
children born in this marriage?
3 Recognition of a marriage as invalid does not affect the rights of children
those born from such a marriage, since the origin of the children is in this
case does not require any establishment. This right is distributed
extends to children born after the marriage was declared invalid
pregnant, but conceived before that time.
It may happen that the obstacles to registering a marriage are
are poured only after its termination. Sh., who was in the second
His marriage to Z. was also terminated. After this, Z. found out that Sh., before marrying
she was in a registered marriage with T. and did not dissolve it. Z. ob-
rushed to legal advice and asked him to explain to her what could
change as a result of establishing this fact. In legal
Z.’s consultations explained that if the court makes a decision to terminate
marriage, then the claim for recognition of this marriage as invalid is subject to investigation
move only when canceling the specified decision, since by accepting it,
the court proceeded from the fact of the validity of the marriage.
Russian legislation strictly defines the rules according to which two loving person has the right to legitimize their relationship and acquire the status of spouses.
Registration procedure
Marriage registration at the registry office is carried out for two people.
Civil registry office employees review the application for marriage registration and determine that there are no factors contrary to the law that would deprive the applicants of the right to enter into a relationship with each other.
It could be loved ones family ties, the presence of incurable diseases, mental disorders, incapacity, financial insolvency and others.
Representation of spouses is strictly prohibited. Both applicants are required to be present in the registration hall and verbally express their desire to enter into a long-term official relationship.
Marriage authorities give future spouses one month to consider their decision. However, the union can be formalized on the day of application if there are good reasons: threat to life, military situation and others.
Legislation
Any legal action is governed by Russian legislation. The methods of regulation depend on the nature of the law and the section of legislation.
- Article 10 of the RF IC;
- Article 11 of the RF IC;
- Article 12 of the RF IC;
- Article 13 of the RF IC;
- Article 14 of the RF IC;
- Article 15 of the RF IC.
The termination of a union between two people is regulated by Chapter 4: Articles 16-26 of the RF IC.
Civil marriage or cohabitation
Not only in Russia, but throughout the world it is becoming increasingly popular. This is the cohabitation of two people who lead a common household and have all the visible signs of a family, but do not have one.
In long-term civil marriages, people have children, buy property, maintain a joint budget and, in general, carry out all the same legal actions as formal spouses.
The state does not recognize cohabitation, therefore the protection of the rights of common-law spouses is strictly limited. However, mothers of children born during cohabitation are entitled to.
This procedure can only be executed by decision of a judicial authority.
In the event that one or both spouses concealed from each other the presence of serious sexually transmitted diseases or other factors that threaten the life and health of the spouses, the marriage may be declared invalid by a court decision.
