Recognition of marriage as null and void: concept, grounds, order, legal effects, how to render marriage null and void in Russia.

1. Derogation of marriage: concept, grounds, order, legal effects
2. Anya, procedure for invalidating a marriage
3. Inviolability of marriage
4. Derogation of marriage
5. The concept of an invalid and unmarried marriage
6. Recognition of ania marriage, manner of recognition and legal effects of nullification of marriage
7. Derogation of marriage: concept, grounds, order, legal effects
8. Derogation of marriage
9. Consequences of the invalidity of a marriage
10. Procedure for grounds and legal consequences of invalidation of marriage
11. Grounds and procedure for invalidating a marriage
12. Cf. invalidation of marriage: grounds and procedure, jurisprudence and legal effects, status of children
13. Grounds and procedure for invalidating a marriage in Zelenograd
14. Grounds, manner and legal effect of invalidation of marriage
15. Legal consequences of invalidating a marriage
16. Derogation of marriage: how, recognition, grounds, legal effects

This may have been the result of the deception of the intending spouses or the fault of the employees of the registry office, but it may only be declared null and void if it is not contrary to the interests of the minor spouse.

If you do not know how to apply to the court for protection of your rights in an invalid marriage, if you find it difficult to prepare a lawsuit and collect documentary evidence, use the assistance of our lawyers, we will consult you free of charge, assess your underlying circumstances, risks and prospects, advise on how to proceed, and, if necessary, take over the full legal support of your case.

Anya, procedure for invalidating a marriage

Upon the entry into force of the court ' s decision declaring the marriage null and void, a copy of the decision shall be sent by the court within ten days to the public registry office at the place of registration of the marriage.

A marriage contracted with a minor who has not been reduced in accordance with the established procedure (art. 18 of this Code) may be declared null and void if the interests of the spouse who entered into the marriage before reaching the marriageable age so require.

Inviolability of marriage

The right of action is vested in: a spouse who was unaware of the existence of a previous unorganised marriage; a spouse of a previous unorganised marriage; a procurator; a guardianship and guardianship authority (only if the persons in whose interest he is bringing the action are incapable); and other persons whose rights have been violated by the marriage (children, grandchildren of the previous marriage).

In all cases where there is no voluntary consent to enter into marriage, the initiative to render the marriage null and void belongs to: the spouse whose right to give consent has been violated; the prosecutor, since the husband may have had considerable difficulty in bringing a suit on his own; he may file a suit only with the consent of the spouse whose consent has not been voluntarily obtained; the exception is cases where the person was unable to report and direct his actions, although he is not deemed to be incompetent.

Derogation of marriage

A man and a woman register a relationship in order to form a family.

If there are sufficient grounds to establish that the marriage took place contrary to the laws, morals and principles of law and order, it may be declared null and void.

Such cases were rather rare, and the main purpose of the appeal was to cancel the legal effects of a marriage.

A family union can be forced into many ways: to use or threaten to use mental or physical violence, to deceive, to mislead, to inject a person into alcohol or drug abuse, etc.

We recommend reading: Venezuela Nationality Rights

The concept of an invalid and unmarried marriage

A marriage may only be declared null and void by a court; a marriage may be declared null and void if the conditions required by the family law have been violated when it is concluded.

A marriage may not be declared null and void after its dissolution, except in the case of the condition of one of the spouses in another unmarried marriage or of a close relationship between the spouses.

Recognition of ania marriage, manner of recognition and legal effects of nullification of marriage

• A marriage is declared null and void only by a court of law;
• The annulment of a marriage shall take place from the date of its conclusion;
• The jurisprudence on invalidation of marriage is very broad and diverse.

• Write down your lawyer's phone number just in case, and if it's necessary to render a marriage null and void, call 8 (926) 55-99-070, we'll help you.We're gonna do a legal consult, we're gonna defend ourselves in court.If you have one.Case of invalidation of marriageand will be requiredReparation

If my article"Acknowledgment of marriage.

Grounds, manner of recognition and legal consequences of invalidation of marriageYou've had some help, leave a review or comment below, or describe the annulment of the marriage as well as the grounds, manner of recognition and legal consequences of the annulment of the marriage on the social network.

Derogation of marriage: concept, grounds, order, legal effects

• (1) If the annulment of the marriage is due to the fact that the spouse has not reached the marriageable age, the minor, his or her parents (guardians, guardians), the guardianship and guardianship authority or the procurator may file a complaint; however, if a person who has married before the age of 18 has reached the age of majority, he or she alone is entitled to request that the marriage be declared null and void;
• " (2) If the condition of mutual voluntary consent is not met, the competent spouse or prosecutor shall file an action for the invalidity of such a marriage;
• (3) In the case of a fraudulent marriage, the right to demand annulment is vested in the prosecutor and the spouse who was not aware of the falsity of the marriage;
• (4) If the marriage has been entered into, despite the circumstances specified in article 14 of the Code of Criminal Procedure, the husband who did not know that the marriage was null and void may be required; the guardian of the spouse who was found by the court to be incompetent; the spouse of the previous unorganised marriage, as well as other persons whose rights have been violated by the marriage in violation of article 14 of the Criminal Code; the guardianship and guardianship authorities and the prosecutor (by virtue of their functions and in accordance with articles 45 and 46 of the Criminal Code of the Russian Federation);
• (5) If, at the time of marriage, one of the spouses conceals from the other the existence of a sexually transmitted disease or HIV infection, only a bona fide spouse shall have the right to file an action for annulment of the marriage.

Derogation of marriage

The court may declare the marriage valid if, at the time of the annulment proceedings, the circumstances that prevented it from being concluded by law were no longer valid.

The court may refuse an action for annulment of a marriage concluded with a person under the age of marriage if the interests of the minor spouse so require, and in the absence of his or her consent for the annulment of the marriage.

https://www.youtube.com/watch?v=HrQGBrNfW60

We recommend reading: Turn signal at the entrance to the ring

The court cannot consider the marriage to be a sham if the persons who registered the marriage actually formed a family prior to the court ' s consideration of the case.

A marriage may not be declared null and void after its dissolution, except in cases where the spouses have a prohibited degree of kinship or the condition of one of the spouses at the time of registration of the marriage in another unmarried marriage (art. 14).

Consequences of the invalidity of a marriage

• One of the spouses did not consent to the registration of the marriage;
• The newlyweds were under 18 years of age and registered the family union without a proper permit;
• At the time of registration, the previous marriage had not been dissolved in the prescribed manner;
• The spouses were close relatives, which is unacceptable;
• A party ' s incapacity as a result of mental illness;
• The spouse had a disease (including sexually transmitted or HIV) and concealed the fact;
• Fake marriage concluded not for the purpose of creating a family, but for the purpose of profit.

The nullification of a couple ' s marriage immediately invalidates all the legal effects of a family union by returning the spouses to their pre-marrying legal status and terminating their rights and obligations immediately from the date of the official registration of the marriage.

Persons defined in article 28 of the UK may apply to the court for annulment of a marriage on each specific basis.

This approach ensures that citizens ' rights are protected without interference with their family and private lives.

A marriage is declared null and void only by a court in accordance with the rules established by civil procedure law; in the absence of a court decision, no one may invoke the nullity of the marriage, even if proof of the illegality of its conclusion is given.

Grounds and procedure for invalidating a marriage

• A spouse whose right has been violated (e.g. if the falsity of the marriage or deception has been discovered);
• Legal representatives, guardianship and guardianship bodies for the protection of the rights of a minor or an incompetent spouse;
• The prosecutor, on the grounds of the falsity of the marriage or its annulment on the grounds of coercion or deception.

For example, only those who have registered their marriage have the right to inherit the surviving spouses, and in divorce proceedings property will be divided only between persons who have been married.

Cf. invalidation of marriage: grounds and procedure, jurisprudence and legal effects, status of children

A well-founded spouse (for example, deliberately misled by a second party) is entitled to claim the division of property in the manner prescribed for the dissolution of a valid marriage and to retain the marriage name (if he so wishes); the invalidity of the marriage of the parents does not affect the rights of the children born in such a union.

Russian legislation establishes a list of conditions to be met by registering a marriage with an authorized body. If the requirements of the articles of the UK and the FL are violated, the marriage is invalid. What are the grounds for doing so? Who can file a complaint? How is the procedure? What are the consequences of declaring the marriage null and void?

Grounds and procedure for invalidating a marriage in Zelenograd

Article 28 of the Family Code of the Russian Federation establishes a range of specific persons who have the right to request that a marriage be declared null and void, depending on the grounds on which the marriage is declared null and void.

8 (916) 299-03-00Our lawyer in Zelenograd will answer your questions.

We guarantee the best prices in Zelenograd, just call and compare...

Grounds, manner and legal effect of invalidation of marriage

An application filed by a prosecutor may not be granted if the bona fide spouse objects to the annulment of the marriage.where there are obstacles to marriageThe following persons are entitled to:

• In cases of violation of the principle of monogamy, the good-faith spouse, the spouse of the previous marriage, the prosecutor;
• If there is a close relationship, either spouse, the prosecutor;
• In the event of the incapacity of one of the spouses, the competent spouse, the incompetent spouse (with his recovery and the existence of a court decision confirming his or her legal capacity), the guardian of the incompetent person, the guardianship and guardianship authority, the prosecutor and other persons whose rights have been violated by marriage;
• When a marriage is concluded between the adoptive parent and the adopted spouse, the prosecutor.

We recommend reading: New Cacky 2023 Income Year

Legal consequences of invalidating a marriage

• Any of the spouses who marry consists of an earlier marriage union which, at the time of the marriage, was not dissolved or declared null and void, as was known after the conclusion of the second marriage;
• The marriage union is concluded by the relatives listed in the said article, as well as between the adopted person and his adopter;
• One or both spouses are deprived of legal capacity through the court.

The obligation to produce the consequences of the invalidity of a marriage is not unconditional; exceptions are also provided for in a number of circumstances; for example, the court may retain the marriage name, retain the maintenance obligations, and maintain the common property regime with the good-faith spouse.

Derogation of marriage: how, recognition, grounds, legal effects

It is important to know that until your marriage is declared null and void by a court decision, you are lawful spouses.

Therefore, be careful and careful, any property acquired at that time will be recognized as jointly acquired.

However, once the court has ruled that the marriage is null and void, all your family relations from the time of the marriage to the time of the judgement will be considered null and void.

The court ruled that the marriage was null and void from the moment it was concluded; thus, the marriage was devoid of its legal value, and thus there were no rights and obligations between the spouses that arose between the spouses, except for the division of joint property.

A well-founded spouse who has been forced to marry may claim moral and material damages from the other spouse, and a good-faith spouse may request the retention of the family name that he has chosen at the time of marriage.

The annulment of a marriage does not affect the rights of children who were born in that marriage or were born within 300 days of the annulment of the marriage.

You might also like it.

Derogation of marriage: concept, grounds, order, legal effects

Undernullity of marriagemust be understood to mean the annulment of a marriage and all its legal effects from the moment of its conclusion.

GroundsIn order to render a marriage null and void, article 27, paragraph 1, of the Code of Criminal Procedure provides that:

• 1. The absence of the conditions established by law for the conclusion of a marriage (art. 12 and 13).
• 2. The existence of obstacles to marriage (art. 14).
• 3. Concealment during marriage by one of the spouses of HIV infection or sexually transmitted disease (art. 15).
• 4. The conclusion of a sham marriage, i.e. a marriage without the intention of the spouses (or one of them) to establish a family.

The plenary of the Supreme Court of the Russian Federation, in its decision No. 15 of 5 November 1998, stated that the violation of the legal requirements for the procedure for entering into a marriage (e.g. registration of a marriage before the end of the month from the date of the application to the civil registry, unless this period was reduced in accordance with the procedure provided for in article 11, paragraph 1, of the Criminal Code) could not be invoked as grounds for invalidating the marriage.

Fake marriage —This is one of the most frequent grounds for invalidating a marriage.

In practice, this category of cases is the most complex because it is extremely difficult to prove that there is no intention to establish a family; spouses are not obliged under Russian law to live together, so that their separation does not in itself constitute a ground for classifying their marriage as a sham.

It is particularly difficult to prove in cases where the intention to establish a family was not confined to one of the spouses; the situation is further complicated by article 3, paragraph 3, of the Covenant.

The theory of family law recognizes that it is necessary to distinguish the concept of a sham marriage from "consensual marriage", although the law on such marriage does not mention it.

"Break of reckoning" is a marriage concluded, albeit for a certain self-interest, by one or both spouses, but for the unconditional de facto purpose of establishing a family, whereas in a sham marriage there is no such purpose whatsoever.

Although the "consensual marriage" has a negative assessment in society, it cannot be declared null and void, as it aims not only to obtain benefits (material, social, etc.) but also to establish marital rights and obligations.

A marriage is declared null and void only by a court, and the court hears this category of cases in accordance with the procedure established by the Code of Criminal Procedure.

23/ The Justice of the Peace of the Russian Federation is the court of first instance in the case of annulment of marriage, except in cases where the dispute involves a challenge to paternity (maternity) and the determination of paternity.

When adopting an application for annulment of a marriage, the court must ascertain the grounds on which the validity of the marriage is challenged and whether the applicant is classified as a person who, by virtue of article 28, paragraph 1, of the Code of Criminal Procedure, is entitled to request that the marriage be declared null and void on that basis (para. 22 of decision No. 15 of the plenary of the Supreme Court of the Russian Federation of 05 November 1998).

In order to render a marriage null and void, it is sufficient to submit to the court only the confirmation of one of the grounds for declaring the marriage null and void, but not to exclude their combination (e.g. the existence of a close degree of kinship and the falsity of the marriage).

The range of specific persons entitled to request annulment of marriage,Depends on the reasons(s) for which this is done:

• (1) If the annulment of the marriage is due to the fact that the spouse has not reached the marriageable age, the minor, his or her parents (guardians, guardians), the guardianship and guardianship authority or the procurator may file a complaint; however, if a person who has married before the age of 18 has reached the age of majority, he or she alone is entitled to request that the marriage be declared null and void;
• " (2) If the condition of mutual voluntary consent is not met, the competent spouse or prosecutor shall file an action for the invalidity of such a marriage;
• (3) In the case of a fraudulent marriage, the right to demand annulment is vested in the prosecutor and the spouse who was not aware of the falsity of the marriage;
• (4) If the marriage has been entered into, despite the circumstances specified in article 14 of the Code of Criminal Procedure, the husband who did not know that the marriage was null and void may be required; the guardian of the spouse who was found by the court to be incompetent; the spouse of the previous unorganised marriage, as well as other persons whose rights have been violated by the marriage in violation of article 14 of the Criminal Code; the guardianship and guardianship authorities and the prosecutor (by virtue of their functions and in accordance with articles 45 and 46 of the Criminal Code of the Russian Federation);
• (5) If, at the time of marriage, one of the spouses conceals from the other the existence of a sexually transmitted disease or HIV infection, only a bona fide spouse shall have the right to file an action for annulment of the marriage.

Thus, in each particular case, depending on the grounds for invalidation of the marriage, the person entitled to bring the case before the court is determined.

28/ With the Russian Federation, a person who is guilty of an invalid marriage, i.e. knowing that the requirements of the law have been violated, does not have the right to request that the marriage be declared null and void.

A different rule would run counter to public perceptions of justice and morality.

The proceedings for annulment of a marriage concluded with a person under the age of marriage or with a person declared by a court to be incompetent are conducted with the compulsory participation of representatives of the guardianship and guardianship authorities, as a result of the tasks entrusted to the guardianship and guardianship authorities for the protection of the rights and interests of the disabled and minors.

In the course of the proceedings, the circumstances may also be clarified on the basis of which the court will conclude that the grounds for declaring the marriage null and void have ceased.

• (1) The right to declare a marriage valid if, at the time of the annulment proceedings, the circumstances which prevented it from being concluded by law were no longer valid;
• (2) The right to refuse an action for annulment of a marriage concluded with a person under the age of marriage if the interests of the minor spouse so require and in the absence of his or her consent for the annulment of the marriage;
• (3) Cannot consider a marriage to be a sham if the persons who registered the marriage actually formed a family prior to the court hearing;
• (4) A marriage may not be declared null and void upon its dissolution, except in cases where the spouses have a prohibited degree of kinship or the condition of one of the spouses at the time of registration of the marriage in another unmarried marriage.

In accordance with article 27, paragraph 4, of the Code of Criminal Procedure, the court ' s decision declaring a marriage null and void gives retroactive effect to the marriage, which is deemed null and void not from the date on which the court ' s decision entered into force, but from the time on which the marriage was concluded.

The court must, within three days of the entry into force of the court ' s decision declaring the marriage null and void, send an extract from the decision to the civil registry office at the place of registration of the marriage.

Legal consequences of invalidating a marriageare defined in article 30 of the Russian Federation.

A marriage declared null and void by the court does not give rise to the rights and obligations of the spouses, except in the cases established by article 30, paragraphs 4 and 5, of the Criminal Code.

The annulment of a marriage results in the annulment of the right to have a common family name adopted at the time of the State registration of the marriage; the right to maintenance from another spouse; the right to use the living space of the other spouse after the marriage has been concluded; the right to inherit but the law after the death of the spouse; the right to a survivor ' s pension, etc.

The invalidity of marriage results in the invalidity of the marriage contract and the maintenance agreement.

Articles 244 to 252 of the Code of Criminal Procedure apply to property jointly acquired by persons whose marriage has been declared null and void, and not to the UK regulation on common property of spouses (art. 30, para.

But if they have acquired property in their own name, then it is for them; and if they have a share in the property, then it is for them only if they have a share in it, and if they have a share in it by their means, and if they have a share in it by their means, and if they have a share in it, they shall have a share in it; and if they have a share in it, then if they have a share in it, they shall have a share in it; and if they have a share in it, they shall have a share in it; and if they have a share in it, they shall have a share in it; and if they have a share in it, they shall have a share in it; and Allah is Oft Forgiving, Most Merciful.

In accordance with article 30, paragraphs 4 and 5, of the Code of Criminal Procedure, the court is entitled to:

• (a) To recognize his right to maintenance from the other spouse;
• (b) Apply the rules of articles 34, 38 and 39 of the Russian Federation to property acquired jointly;
• (c) To make the marriage contract or the maintenance agreement valid (in whole or in part).

In addition, a good-faith spouse is entitled to retain the name he has chosen in the State registration of the conclusion of a marriage and to claim compensation for the material and moral damage caused to him under the rules established by civil law.

UnderharmIn the legal literature, it is customary to understand any impairment of the personal or material good.

Material harmproperty losses in the form of loss of value of damaged property, loss or loss of income, etc. Property damage may result from the violation of both property and non-material goods (rights) of a citizen.

Material damage may be compensated in kind, in particular by repair of damaged items, but generally in cases of material damage there are claims for monetary compensation, i.e. compensation for damages, and damages under art.

15 The Civil Code of the Russian Federation understands the costs that a person whose right has been, has made or will have to make in order to restore the violated right, the loss or damage to his or her property (real damage), as well as the lost income that that person would have earned had his or her right not been violated (loss of profit).

Moral harmIt is the physical or mental suffering of a citizen caused by the violation of his or her personal non-pecuniary rights or by the deprivation of his or her personal (intangible) goods — attacks on the honour and dignity of the person, the inviolability of the person, etc. In cases expressly provided for by law, moral harm may be compensated in an approximately symbolic sum of money, taking into account the requirements of reasonableness and justice, the individual characteristics of the victim and other factual circumstances (art. 151, 1101). Thus, the court may impose on the spouse in bad faith the obligation to compensate the moral injury to the good-faith spouse in monetary form.

The invalidation of a marriage does not affect the rights of children born in such a marriage or within 300 days of its annulment (art. 30, para. 3, of the Code of Criminal Procedure). Disputes concerning the child ' s place of residence, maintenance, etc. are settled in the same manner as when the marriage is dissolved in court (art. 24 of the Code of Criminal Procedure).

Inviolability of marriage

The concept of invalid marriage

Unjustified marriage- it's a legal concept as defined inFamily Code of the Russian Federationthat's, uh, in, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh,art. 12-14 and art. 15, para.This term describes the wrongfully concluded marriage that requires forced dissolution as a result of a violation of Russian law and the rights and freedoms of citizens.

It must be understood that the article describes the most basic situations and does not take into account a number of technical points.

Call me right now and solve your questions, it's quick and free!

• The marriage is also dissolved by force if it is proved in a public public hearing that it is falsifying.
• Fake marriage means a marriage concluded not for the purpose of creating a family but for other purposes: acquisition of citizenship, maternity benefits, State or municipal benefits.
• The invalidity of marriage is regulatedArticle 27 of the Russian Federation.

What authority can declare a marriage null and void?of the Court.

According to the prescribed procedure for invalidating a marriage, the enforcement authority shall, within three days, send an extract from the judgement to the Zags demanding that such a marriage be declared null and void.

Since when is a marriage declared null and void?the actual registration.

The property acquired by the spouses in an invalid marriage shall not be recognized as their property, and all the property acquired shall be owned by the person on whom it was made.

The marriage is declared null and void and the marriage contract is concluded.

Note that the legal consequences of the invalidity of a marriage do not apply to children conceived in an invalid marriage or born in300 daysThis provision is set forth in the Act on the Elimination of All Forms of Discrimination against Women, after the marriage has been declared null and void.art. 48, para..

Who can demand that the marriage be declared null and void?

Persons entitled to claimTo declare null and void the marriage:

• One of the two parties to the marriage;
• Close relatives, adoptive parents or guardians of minors;
• The guardianship authorities if minors do not have parents, adoptive parents or guardians;
• State guardians or guardianship authorities in the registration of a marriage union of a person (persons) officially declared incapable;
• The Public Prosecutor's Office.

To start the trial, you have to writeStatement.You can look and download here:

Conditions for invalidating a marriage?

The invalidity of a marriage shall be recognized under the following conditions:

• Coercion to enter into a marriage;
• absenceof marriageable ageWith a husband or wife;
• An official, unsolved marriage;
• The proven close relationship or the "adoptor adopted" connection;
• Legal incapacity;
• Hidden HIV infection and/or sexually transmitted disease.

Cases of valid marriage

Judicial practiceIt shall be deemed valid if:

1. At the time of the court ' s decision, the conditions on which the application had been madeStatement of claimWhen the marriage was declared null and void, they disappeared: the illness was cured, the person was declared capable or had reached the age of majority, and the circumstances on which the minor had entered into marriage were considered exceptional.
2. The court found that the minor spouse had not consented to the annulment of the marriage and that the latter would result in a violation of his legal rights and interests.
3. If it has been proved by the courts that persons suspected of a sham marriage live in a normal, fully-fledged family.

Recognition or non-feasibility of a marriage shall be based solely on:art. 27 of the Russian Federation.

It lists the exhaustive grounds for invalidating a marriage.

Other circumstances to be presented during the trial,does not constitute a groundFor the court ' s decision declaring the marriage null and void.

Rights and obligations of persons whose marriage has been declared null and void

WhatConsequences of the invalidity of a marriage:

• All property acquired during marriage shall be handed over to a person whose funds have been bought or in whose name it has been recorded.
• Marriage contractCancelled;
• rights and obligationsChildrenthe child ' s mother may claim maintenance from the child ' s father;
• Marriage to an alien is declared null and void by a prisoner abroad on the territory of the country where the marriage was concluded. Marriage contracted to a foreigner in Russia falls under Russian law, regardless of whether or not one of the spouses is a citizen of the Russian Federation.

Conclusion

1. A marriage can only be declared null and void by a public public hearing.
2. The conditions for invalidity of marriage are as follows:
   • Violation of the voluntary nature of marriage and of the age of marriage;
   • The existence of an official, unsolved marriage;
   • Fake marriage;
   • Marriage between close relatives, adoptive parents and adopted children;
   • Legal incapacity;
   • Hidden HIV infection or sexually transmitted disease.
3. In case law, there are circumstances that make the marriage null and void.

The most popular question, and the answer to it, is to render marriage null and void.

Question:I met a man, I met him at a certain point in time, and I checked in at the registry office, and one day I learned that he was a professional credit fraudster and that he was being investigated for criminal prosecution, and the husband was taken into custody, and the creditors threatened me and my family.

In that connection, she told her husband that she wanted to file for a divorce, but he said, on the contrary, that he would not give his consent in every effort to prevent it.

Answer:........................................................Irina, in this case the husband is a criminal and further progress in the possible dissolution of the marriage depends on the beginning and extent of the criminal activity.

Article 27 of the Family CodeIt is possible to render a marriage null and void, i.e. to be considered uninmate at all, with a corresponding decision on the assets that may be jointly acquired, the basis of which may be a state of error, in particular the personal qualities of the spouse.

The serious crimes of fraud (with sufficient amounts of deception) are unequivocal evidence in favour of the abuse of the wife ' s trust, intentional deception, and personal qualities that are not in keeping with family values.

Such a procedure could only be carried out by a court, but would deprive such a husband of all property rights to his wife ' s property.

List of laws

Model applications and forms

You will need the following sample documents:

• Application for nullity of marriage

Are there any questions left or your problem not solved?

Call and solve your problems right now -- it's quick and free!

Inviolability of marriage

Undernullity of marriageIt means the annulment of a marriage and all its legal effects from the moment it is concluded, i.e. from the moment of the State registration of the marriage with the Zagsa authorities.

Grounds for invalidating a marriageThe following circumstances are included in article 27, paragraph 1, of the Criminal Code:

1. Marriage in the absence of conditions established by law for the conclusion of marriage:The voluntary mutual consent of persons entering into marriage and their attainment of the marriageable age, if this age has not been reduced in accordance with the procedure established by law (arts. 12 and 13 of the Code of Criminal Procedure).

2. The conclusion of a marriage if there are obstacles to its conclusion:Existence of another registered marriage, close relationship, adoption relationship or incapacity of persons (persons) who have entered into a marriage (art. 14).

3. Concealment during marriage by one of the spouses of HIV infection or sexually transmitted disease(article 15 of the Russian Federation).

4. Fake marriage,The purpose of such a marriage is to obtain any rights or advantages arising from the registration of the marriage itself, such as the right to a dwelling area.

No circumstances other than those listed in article 27, paragraph 1, of the Russian Federation may be invoked as grounds for invalidating a marriage.

Thus, a violation of the legal requirements on the procedure for entering into a marriage, such as registration of a marriage before the expiry of the one-month period from the date of the application to the Zags authority, cannot be invoked as grounds for invalidating the marriage, unless the period has been reduced in accordance with the procedure provided for in article 11, paragraph 1, of the Criminal Code.

29. The SCK of the Russian Federation provides that if, at the time of the consideration of the case, the circumstances that prevented the conclusion of a marriage (e.g. the dissolution of a previous marriage, the majority of the spouse who was a minor at the time of the conclusion of the marriage, recovered and declared the spouse who was legally incompetent at the time of the conclusion of the marriage, etc.), the court may declare the marriage valid.

The law also takes into account the need to carefully resolve the question of the invalidity of a marriage with a minor (if he or she has not yet reached the age of majority at the time of the hearing of the case - marriage age).

The court may, in these cases, refuse an action (parents, guardianship or procurator) if the interests of the minor spouse so require or if the spouse does not agree with the annulment of the marriage.

For example, seventeen-year-old K.'s parents filed a lawsuit for annulment of their daughter's marriage. The girl went to study in another town and met and fell in love with a young doctor.

There was no limit to the anger of the girl's parents, but the court found that she was satisfied with her marriage and had no intention of changing her life. In her family, peace, love, understanding, and soon a child would appear.

The court dismissed her parents.

The conclusion of a marriage without the intention to establish a family (fake marriage) does not in itself render such a marriage null and void.

In life, there are cases where a man and a woman who have entered into a marriage fraudulently (e.g. for the purpose of acquiring the right to housing) subsequently decide to establish a valid family, i.e. actually become husband and wife.

The existence of a family relationship is confirmed by circumstances such as cohabitation, acquisition of shared property, mutual care, mutual material support, identification of their marital relationship with third parties (in personal correspondence, communication, etc.) and other spouse-specific relationships.

It is not possible to render a marriage null and void after its dissolution, since the court, by means of the dissolution of the marriage, is based on its validity; this rule does not apply to the annulment of the marriage on the grounds of close relationship between the spouses and the condition of one of the spouses in another unbridled marriage (art. 29, para.

Method of invalidating a marriage

A marriage is declared null and void only by a court of law.In the absence of a court decision, no one may invoke the nullity of a marriage, even if proof of the illegality of the marriage is given.

Marriage shall be null and void not from the date on which the court ' s decision entered into force (for the future) but from the date of its conclusion, i.e. from the date of its State registration with the Zaghza authorities.

On the basis of a court decision declaring the marriage null and void, which must be sent within three days to the Zaghs authority, the registration of the marriage certificate (and the marriage certificate accordingly) shall be annulled and the marriage shall be deemed to be non-existent.

Persons in such a marriage lose all the rights and obligations of the spouses, except in the individual cases provided for by law (art. 30) in order to protect the rights of a good-faith spouse and children born in such a marriage (see the consequences of invalidating the marriage).

Persons defined in article 28 of the Code of Criminal Procedure may apply to a court for annulment of a marriage in respect of each particular ground for invalidation of a marriage.

This approach ensures that citizens ' rights are protected without interference with their family and private lives.

The appropriate claimants in this category of cases are persons whose rights have been violated by the conclusion of the marriage (e.g., only a spouse who has reached the age of marriage, upon annulment of a marriage entered into by him before reaching that age), as well as the guardianship and guardianship authority and the public prosecutor for the protection of both the rights of citizens and the public interest (e.g., the prosecutor for the annulment of a false marriage when both spouses entered into a marriage without the intention to establish a family).

When accepting a statement of claim, the judge shall determine the grounds on which the validity of the marriage is challenged (art. 27, para. 1, of the Criminal Code) and whether the applicant is classified as a person who by virtue of the article.

If the applicant does not belong to such persons (i.e. is an inappropriate plaintiff), the judge shall refuse to accept the claim under article 129, paragraph 1, of the RSFSR PCA.

Regardless of who is suing for annulment of a marriage entered into with a person under the age of marriage, as well as a person who has been declared by a court to be incompetent, the court is obliged to involve the guardianship and guardianship authority, which, in accordance with civil law (arts. 31 and 34 of the Criminal Code of the Russian Federation), performs the functions of protecting the rights of disabled persons and minors.

A distinction should be made between disputes over the validity of marriage records, such as the registration of marriage by one person without the knowledge and consent of the other, using false documents, in the absence of one of the intending spouses, although the applicant for the marriage.

In such cases, it is not possible to speak of any marriage: it simply does not exist, and the record of its conclusion does not reflect the true state of affairs; since there is no marriage at all, there is no need to declare such "unresolved marriages" null and void.

The record is cancelled by the Zags authority on the basis of a court decision.

Consequences of invalidating a marriage

A marriage declared null and void by a court is considered to be null and void.Persons in such a marriage shall have no rights and obligations of the spouses.(personal and property)No recognition as a general rule(p.

For example, property acquired during marriage is not considered to be the common property of the spouses and there is no right to alimony; a spouse who has taken the name of the other spouse upon registration of the marriage shall be given his/her pre-marital name.

Legal relations between persons who are married and have been declared null and void in respect of their property are governed by the norms of the Criminal Code on joint property (arts. 244, 245 and 252), and not by the rules of the Criminal Code on joint property of spouses.

The amount of this share will depend on the amount of money invested; the UK rules that the property acquired by the spouses during the marriage (the common property of the spouses) is their joint property, irrespective of whether it is acquired in the name of the spouse or in the name of whom or by which of the spouses the money was paid (art.

34) and the equal share of each of the spouses in the division of their common property (art. 39) does not apply to the relationship of persons in an invalid marriage (art. 30, para.

Of the general rule on the loss of all rights and obligations of spouses in an invalid marriage,Exceptions established by law for a faithful spouse(Art. 30, paras. 4 and 5).

A well-founded spouse is recognized as a spouse who was unaware of the obstacles to marriage and whose rights have been violated by the conclusion of an invalid marriage.

The spouse ' s integrity is established by the court.

When this fact is established, irrespective of the grounds for invalidity of the marriage, the court is entitled to recover maintenance from another (guilty) spouse if the spouse is incapable of work and needy or cares for a disabled child, and if the faithful spouse is a pregnant wife or a wife caring for a child under three years of age.

If the question of the division of property acquired jointly prior to the annulment of the marriage arises when the marriage is declared null and void, the court shall, in these cases (in accordance with the good faith of the spouse), divide it according to the rules of the UK of the Russian Federation (arts. 34, 38 and 39) on the joint property of the spouses (see property rights and obligations of the spouses).

A well-founded spouse is also entitled to claim compensation from the other guilty spouse for damages suffered as a result of the subsequent nullity of the marriage, as well as compensation for moral harm suffered under civil law (arts. 15 and 151 of the Civil Code of the Russian Federation).

Moral harm is the physical or mental suffering suffered by a citizen as a result of a violation of his or her rights; for example, when a marriage is declared null and void the moral suffering of a good husband due to a change in his or her way of life, place of residence, physical pain due to a disease resulting from a mental suffering, etc.

A well-founded spouse is also entitled to retain the name assigned to him upon marriage (art. 30, para. 5, of the Code of Criminal Procedure).

The invalidation of a marriage does not affect the rights of children born in such a marriage (or within 300 days of the annulment of the marriage) and is fully equal to the rights of children born in marriage (art.

30 UK) The issue of residence, maintenance of children in invalidity of marriage and other issues related to the relationship between parents and children are dealt with in the same way as in the case of divorce of parents (see Divorce).