Can a marriage be declared invalid and in what cases is this done?
Everyone knows that a marriage can be dissolved, but not everyone has heard about the possibility of recognizing a marriage as invalid. These are different procedures that have different legal grounds and consequences.
According to Chapter 5 of the Family Code of Ukraine, a marriage is invalid in the event of a violation of the conditions for concluding a marriage established in Articles 22, 24-26 of the Family Code of Ukraine , as well as in the following cases:
- one of the spouses being in another registered marriage;
- marriage between persons who are relatives in a direct line of kinship, as well as between siblings;
- marriage registered with a person recognized as incompetent;
- fictitiousness of marriage.
There are frequent cases when the purpose of marriage is to provide a foreign citizen with grounds for obtaining a residence permit or citizenship of Ukraine. However, not all such marriages are subsequently dissolved: either one of the spouses does not make contact, or disputes about property begin, or it turns out that one of the spouses was in another marriage at the time of registration.
In any case, if there are grounds, such a marriage can be declared invalid by a court.
Annulment of a marriage means that the marriage did not exist in the legal sense.
As a result, everything acquired in an invalid marriage (both property and debts) is not divided between such a couple. And the special regime of inheritance and taxation, which are inherent in the relationship of spouses, ceases to operate.
Recognition of a marriage as invalid occurs through a court of law.
Therefore, we recommend that you contact a lawyer, receive a preliminary consultation, collect evidence and file a claim in court.
Once a positive court decision comes into force, the marriage will be considered invalid.
Some examples of successful work of lawyers of the law firm “Zilver” in recognizing marriages as invalid:
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