Nullity of marriage

Nullity of marriage in Ukraine

The invalidity of marriage (fictitiousness) is considered one of the grounds for terminating the marriage legal relationship. These issues in family law are recognized as one of the most confusing and difficult.

Grounds for declaring a marriage invalid (fictitious) in Ukraine

The following grounds can be distinguished for declaring a marriage invalid (fictitious, annulled):

1. If the conditions for concluding a family union are violated (for example, there is no mutual voluntary consent of the spouses, or the appropriate age (18 years) has not been reached)
2. There were obstacles to the registration of family relations (in particular, one of the persons at the time was already registered in other marriage legal relations, or there is a close consanguinity of the spouses, or the marriage was concluded between the adopted child and the adoptive parent, or when at least one of the parties to the marriage legal relationship was recognized incapacitated due to mental disorder)
3. If one of the spouses has hidden from the other that he is sick with a sexually transmitted disease or HIV infection;
4. If at the time of registration one or both spouses had no real intention to start a family (that is, if the union was fictitious).

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: state duty for divorce, divorce certificate, restoration of divorce certificate, age of marriage in Ukraine, restoration of marriage, divorce in the presence of common minor children, refusal to divorce, divorce during pregnancy.

Persons who have the right to demand that a marriage be declared invalid (fictitious, annulled) in Ukraine

The following circle of persons has the right to demand that the marriage be declared invalid (fictitious, annulled):

• If the grounds are deemed not to have reached the age of marriage:

1. a minor or his legal representatives (parents, for example);
2. guardianship and trusteeship bodies;
3. prosecutor.

• If the ground is considered lack of mutual consent:

1. the party whose rights are violated by the conclusion of such a marriage;
2. prosecutor.

• If the principle of monogamy is violated:

1. a person in a previous marriage relationship;
2. conscientious spouse;
3. prosecutor.

• If there is a close consanguinity or adoption relationship:

1. spouse;
2. prosecutor.

• In case of incapacity, the parties:

1. capable person;
2. the guardian of the incapacitated person;
3. the prosecutor;
4. guardianship and guardianship authorities.

• If the legal relationship is fictitious:

1. spouse, did not know about fictitiousness;
2. prosecutor.

• If the disease is hidden:

1. only the bona fide side of the legal relationship.

Required documents and where to go in Ukraine

In all cases, the relevant relationship can be recognized as invalid (fictitious) only by the court, and therefore it is necessary to apply to this state body. This will require such documents as:

• statement of claim;
• marriage certificate (or a copy of the corresponding deed entry);
• evidence supporting the claim;
• a document confirming the payment of the state fee.

In what cases the court can reject the claim in Ukraine

The judge may reject the claim or declare the family legal relationship legal in cases where, at the time of the consideration of the case, there are no circumstances that prevent marriage:

• if the minor has reached the age of majority;
• if there is a person’s consent to the conclusion of an alliance;
• if the previous family relationship has ended or is invalidated;
• if the adoption between husband and wife is canceled;
• if the person’s legal capacity has been restored;
• if, after the conclusion of a fictitious union, a family was actually created, there is a common household and family responsibilities.

A judge has the right to refuse a claim containing a requirement to recognize an alliance concluded with a minor is not recognized as valid if it is necessary to protect the interests of a minor, as well as in situations where such a person does not agree to the recognition of legal relations as invalid.

Relationships cannot be declared fictitious after their termination, except in cases of violation of the requirements for the degree of kinship, as well as requirements for monogamy.

Legal consequences of declaring a marriage invalid in Ukraine

The main legal consequence of the recognition of legal relations as invalid (fictitious) is that they do not give rise to transactions, as well as the rights and obligations of spouses.

This rule applies to the personal and property rights and obligations of spouses only, but does not apply to children born to them during their stay in this status, as well as within 300 days after the recognition of legal relations that do not comply with the law. The marriage contract is also recognized as invalid (fictitious).

For a conscientious person, the court may recognize the right to receive compensation for moral and material harm and the right to keep the surname chosen when registering a marriage.

Useful site materials rozluchennya-onlain.com.ua:

1. Restoration of divorce certificate
2. Divorce certificate
3. State fee and court fee for divorce
4. Is it possible to divorce without the consent of the husband or wife?
5. Unilateral divorce
6. Divorce in the registry office
7. Divorce through the court
8. Divorce documents through the registry office
9. Divorce documents