Fictitious divorce and its consequences in 2021

Fictitious divorce and its consequences in 2021 in Ukraine

Reasons for a fictitious divorce in Ukraine

A married couple can dissolve a marriage for the following reasons:

• obtaining living space under one of the state programs that do not provide for the presence of marriage;
• registration of a mortgage loan, which makes it possible to significantly reduce the interest rate;
• receiving benefits for utility bills, benefits;
• registration of a subsidy;
• in order to prevent the loss of acquired property in the event of an illegal business;
• concealment of real profits
• accelerating the payment of maternity capital;
• real divorce;
• obtaining temporary registration.

How can a divorce be declared fictitious in Ukraine

Thoughts about breaking the law may arise when certain factors are found that lead to doubts.

1. Suspicious calmness of the former spouses after the divorce proceedings.
2. Replays during the trial, which may raise suspicion.
3. The spouses continue to live in the same territory.
4. Registration of marriage after receiving an apartment, a loan or maternity capital.

From the point of view of legislation, it is impossible to recognize a divorce as fictitious. Family law does not provide for such a concept. The legislator does not attach importance to the reasons for divorce.

There is only one way to recognize the fictitious dissolution of a marriage – to establish its invalidity.

Dissolution of a marriage with a pre-planned benefit entails negative consequences, various measures of restoring justice can be applied, but the fact of divorce cannot be canceled, as well as the marriage cannot be restored. The legislation provides for various types of punishment. The executive body can cancel the decision on the division of property.

To avoid a fictitious divorce for the purpose of dividing property, you can draw up a prenuptial agreement in which you indicate the shares of property of each of the spouses.

What are the consequences in Ukraine

If the court can prove that the divorce was invalid, it can have serious consequences. The spouses are deprived of everything for which they planned such a violation.

1. Property that was obtained as a result of a fictitious dissolution of marriage can be removed.
2. Benefits, benefits that the woman received will be terminated, and the status of a low-income single mother will be withdrawn.
3. There is a high probability that after a fictitious divorce, the spouses will not get back together, as they will have to live in different territories for a long time.
4. An entrepreneur who transferred his property to his wife may lose everything as a result of a divorce, because the wife changes her mind and decides to start a new life.
5. If the spouses divorced in order to obtain citizenship, documents will be seized, and citizens will be deported.

If the executive does not find evidence of fraud, there is a risk that the spouses will no longer be reunited. There are times when the wife, receiving all the property, begins a new life, where there is no place for the former lover.

Judicial practice on fictitious divorce in Ukraine

Practice shows the complex process of proving the fictitiousness of a divorce. The main evidence of such a case can be joint travel, common worries, meetings, joint shopping, restoration of a joint life after receiving benefits.

Correctly studied cases make it possible to recognize the dissolution as fictitious, even if it was legally carried out. It is important to establish the purpose of the divorce, for the sake of which the simulated breakup was carried out. These situations are always confusing enough. For example, the situation with cohabitation can easily be explained by the dire financial situation.

Outcome in Ukraine

Fictitious divorce is a type of fraud that indicates the wrongfulness of actions. If falsification is detected, undesirable consequences may arise that call into question all the actions taken.

There is also a risk that a man and a woman who took such a step will not be able to reunite. Whatever goal is set, you need to think carefully about everything.

Useful site materials rozluchennya-onlain.com.ua:

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3. When should you leave?
4. How to survive a divorce from your husband – how to build your life further