The list of grounds for declaring a marriage invalid specified in the RF IC is exhaustive, and no other circumstances can be grounds for declaring a marriage invalid.

Firstly, a marriage is recognized as invalid if there have been violations of the conditions and procedures established by the RF IC for entering into a marriage: at its conclusion there was no mutual voluntary consent of the persons who entered into marriage, or at the time of the conclusion of the marriage, these persons (or one of them) did not reach of marriageable age and there is no permission from the local government for their marriage.

Since, according to Russian law, a marriage requires the mutual voluntary consent of a man and a woman, it is unacceptable to conclude a marriage by any coercion from either side, as well as from close relatives and other persons (guardians, trustees, etc.) . The absence of mutual voluntary consent of the persons entering into marriage makes such a marriage agreement vicious and entails, by law, its recognition as invalid. Such consequences occur regardless of the reasons why mutual voluntary consent was not expressed during the marriage (due to delusion, deceit, physical or mental violence or coercion, persuasion of parents and other persons; mental illness and misunderstanding in this regard of the meaning of their actions and other reasons by virtue of which the true will of persons (or one person) is distorted when entering into marriage).

Secondly, a marriage is declared invalid if there are circumstances that prevent the conclusion of a marriage, namely if the marriage is concluded between persons, of which at least one is already in another registered marriage. In the event that one of the persons who entered into marriage is already in another registered marriage, only the subsequent (second) marriage shall be recognized as invalid. The recognition of such a marriage as invalid due to violation of monogamy (monogamy) may be demanded by the other spouse both in the first undissolved marriage and in the second marriage, as well as other persons whose rights were violated by the conclusion of the second marriage (children from the first marriage, heirs, etc.) . A marriage on this basis can be recognized as valid if, by the time the case is considered by the court, the previous marriage has been terminated (for example, dissolved in the registry office) or declared invalid.

Thirdly, a marriage is declared invalid if it is concluded between close relatives, between adoptive parents and adopted children. Legal significance is attached only to kinship in a direct ascending and descending line: between parents and children, grandfather, grandmother and grandchildren, full-blooded and half-blooded (having common father or mother) siblings.

Fourthly, a marriage is declared invalid if it is concluded between persons, of which at least one is recognized by the court as incapacitated due to a mental disorder. A citizen may be declared incompetent by a court if, due to a mental disorder, he cannot understand the meaning of his actions or control them. He is placed under guardianship. Therefore, if it is established that a citizen who entered into a marriage, at the time of the conclusion of the marriage, was recognized by the court as incapable, but hid this circumstance from his spouse, then the latter, as well as the prosecutor, have the right to apply to the court with a claim to recognize such a marriage as invalid. If later, by the time of consideration of the case on recognizing the marriage as invalid, the grounds on which the citizen was declared legally incompetent have disappeared and the citizen is recognized by the court as legally capable, then the issue of the validity of the marriage can be resolved on general grounds according to the rules on divorce.

Fifthly, a marriage is declared invalid if one of those who entered into marriage hid from the other the presence of a venereal disease or HIV infection. It is not the presence of one of these diseases that has legal significance, but the fact that they are hidden during marriage. Infecting or placing in danger of infecting another person with these diseases is a crime and entails criminal liability. Silence about the presence of the person entering into marriage, another disease, and in general about the state of one's health as a whole does not entail the recognition of the marriage as invalid.

Sixthly, a marriage is declared invalid if it is concluded fictitiously. In a fictitious marriage, as in any imaginary transaction, all the conditions provided for by law are observed, but the marriage itself is concluded only for show, without the intention of starting a family.

A fictitious marriage differs from a marriage of convenience in that in a marriage of convenience, both persons entering into marriage understand the features (material or otherwise) of their marriage and consciously go to establish marital relations. In a fictitious marriage, the parties (or one of them) do not intend to create a family, but only pursue the goal of creating the appearance (fiction) of a family without the intention of entering into marital relations.

The fictitious nature of a marriage can be proved (confirmed) by all means that are allowed by civil procedural legislation, including testimonies, photographs, various certificates, etc. The question of fictitious marriage is decided by the court in each specific case on the basis of a comprehensive and deep and (the teachings of all the Circumstances of the Case.

A variety of fictitious marriage is also a marriage concluded only to cover up some other deal (sham marriage). For example, a marriage is concluded only in order to move in and register a person as a spouse in a dwelling occupied by another person - the tenant of this premises, with the right to living space, but without the purpose of creating a family. The rules on the invalidity of marriage may be applied to such a marriage.

Recognition of a marriage as invalid is made by the court in a general lawsuit.

The law provides for cases when a court may recognize an invalid marriage as valid:

• - if by the time of consideration of the case on recognizing the marriage as invalid, those circumstances that, by virtue of the law, prevented its conclusion have disappeared (for example, the grounds for declaring a citizen incompetent due to his recovery have disappeared);
• - if, when considering a claim for the invalidation of a marriage concluded with a person under the age of marriage, it was established that the preservation of the marriage is required by the interests of the minor spouse, and also if his consent to the recognition of the marriage as invalid is absent;
• - if the persons who entered into a fictitious marriage, later, before the consideration of the case by the court, actually created a family.

After the court decision on recognizing the marriage as invalid enters into legal force, an extract from the decision is sent by the court within three days to the appropriate body of the registry office at the place of state registration of the marriage. On the basis of this decision, the registry office cancels the illegally made record of marriage registration.

Marriage is recognized as invalid from the date of its conclusion. In accordance with this, marriage legal relations are annulled from the moment of conclusion of such a marriage. From that moment, the rights and obligations of the spouses cease.

According to Art. 9 of the Family Code of the Russian Federation, claims arising from family relations (including claims for declaring a marriage invalid by a court) are not subject to limitation of actions, unless the term for protecting the violated right is established by the Family Code of the Russian Federation. One of these exceptions is provided for in paragraph 4 of Art. 169 of the Family Code of the Russian Federation: a claim may be filed against the recognition of a marriage as invalid on the grounds of concealing the presence of a sexually transmitted disease or HIV infection within a year from the date when the plaintiff learned or should have learned about the circumstances that are the basis for declaring the marriage invalid.

The consequences of declaring a marriage invalid differ significantly from the legal consequences of divorce. Upon dissolution, the marriage ceases to exist after its dissolution. When a marriage is declared invalid, it is considered as such from the moment of its conclusion, i.e. the fact of recognizing the marriage as invalid is given retroactive effect. Such a marriage does not give rise to the rights and obligations of the spouses. When entering into a new marriage, they have the right not to indicate that they were previously in a marriage recognized as invalid.

A spouse who, upon entering into marriage, has adopted the surname of the other spouse, from the moment the marriage is declared invalid, is deprived of the right to bear this surname. As an exception to the general rule, a conscientious spouse, i.e. a spouse who did not know and could not know about the existence of circumstances that make the marriage invalid, has the right, when the marriage is recognized as invalid, to retain the surname chosen by him when registering the marriage.

Property acquired jointly by persons during their marriage, which is recognized as invalid, is considered their common shared property and may be divided by agreement between them. In case of failure to reach an agreement on the method and conditions for the division of common property or the division of a share of one participant in shared ownership, the right to judicial order to demand the separation in kind of his share from the common property or payment to him of the value of this share by another participant in shared ownership.

According to paragraph 2 of Art. 30 of the Family Code of the Russian Federation, a marriage contract concluded by spouses who have entered into marriage, which is declared invalid, is also recognized as invalid, and as a result, all the conditions of such an agreement become invalid from the moment of its conclusion.

The recognition of a marriage as invalid does not affect the rights of children born in a marriage recognized as invalid, as well as children born within three hundred days from the date of recognition of the marriage as invalid. In these cases, in the birth record of the child, the father of the child is recorded as the spouse of the mother of the child born in this marriage, the child's surname is determined according to general rules.

The law provides for the right of the court to recognize, when making a decision on declaring a marriage invalid, for a spouse whose rights are violated by the conclusion of such a marriage, the right to receive maintenance (alimony) from the other spouse, and when dividing property acquired jointly before the marriage was declared invalid, apply the provisions of the RF IC O joint ownership spouses, as well as recognize the marriage contract (if it is concluded) fully or partially valid.

The question of the good faith of the spouse is decided by the court based on the specific circumstances of the case. A conscientious spouse is legally entitled to demand compensation for material and moral damage to him in accordance with the rules provided for by civil law.

Material harm is understood primarily as damage of a property nature, i.e. determined and reimbursed in money (the cost of medical treatment, the cost of a damaged item, etc.).

Moral damage, i.e. physical or moral suffering suffered by a person as a result of the unlawful guilty behavior of another person is determined by the court, and its amount does not directly depend on the amount of property damage suffered by the victim.

The harm caused in the case under consideration is subject to compensation under the following conditions: a) the presence of harm; b) unlawful guilty behavior of the other spouse in a marriage declared invalid; c) the presence of a causal relationship between harm and wrongful guilty behavior.

Sample

B (name of court) Claimant: (Full Name), resident: Respondent: (Full Name), residing (zip code and address in full)

STATEMENT OF CLAIM for recognition of marriage as invalid

"_"_200_ I married the defendant and lived

with her until "_"_200_g.

Marriage registered in [insert name) registry office.

After marriage, for a short time living together, I began to notice oddities in my wife, and then it turned out that she had been suffering from a mental disorder since childhood and was declared legally incompetent by a court decision (name of court) from (indicate the date) (or indicate other reasons preventing marriage: the defendant is in another registered marriage; is a close relative, etc.).

Since this marriage violates my legal rights, in accordance with Art. 27 RF IC

recognize a marriage registered on "_"_200_ in (insert name) body of the registry office is invalid. Appendix:

• 1. Marriage certificate (original).
• 2. Court decision declaring the defendant incompetent (or other evidence on the merits of the case).
• 3. Copy of the statement of claim.
• 4. Bank receipt for payment of state duty. "_"_200_g. Signature

Citizens register their relationship in the registry office in order to legitimize their relationship, create a family.

However, if there are reasons to believe that one of the spouses, when registering a marriage, had a different purpose that is contrary to the law and has a different, not entirely ethical side in relation to the other partner, such a marriage may be declared invalid.

Conditions for declaring a marriage invalid

The procedure for declaring a marriage invalid fundamental differences from conventional divorce. In such procedures, the order and consequences are different. Disputes of this nature can only be resolved in court: this fact does not depend on the will of the parties, which means that this is not a right, but their duty. The court order means that you will need to pay a fee, submit a well-written application, and comply with the general requirements and rules of the law.

In order to to declare a marriage invalid, special conditions are needed, which are listed in Art. 27 RF IC.

The presence of at least one of the following conditions may be a reason for declaring a marriage invalid:

• one of the spouses entered into marriage not voluntarily (under duress, under the influence of alcohol, drugs, etc.);
• the age of one or both spouses that does not correspond to marriage (at the time of its conclusion, one of the spouses has not reached the age of 18;
• one of the spouses is already legally married;
• the marriage was concluded with relatives of the first relationship or adoptive parents;
• the marriage was entered into by a citizen recognized by the court as incapable on the basis of an examination for the presence of a mental disorder or disease;
• one of the spouses hid from the partner the presence of a serious illness or HIV infection;
• one of the spouses was persuaded to marry by moral or physical violence;
• the marriage turned out to be fictitious due to the fact that at least one of the spouses, entering into marriage, did not have among the main intentions the creation of a family

Fictitious marriage means:

1. The absence of a joint household, signs of conducting a joint life, as well as everyday communication and joint leisure activities between spouses;
2. Lack of mental and close relationships in marriage;
3. Lack of interest in what was happening or what is happening in the life of the spouse;
4. Separate accommodation;
5. Separate accounting and budgeting;
6. Pursuing other goals, except for creating a family, in marriage (obtaining citizenship, the right to inherit property, obtaining a harmonious or famous surname, title, etc.)

It is quite difficult to prove the fictitious marriage during the trial. The plaintiff needs to collect a large evidence base. The matter is complicated by the ethical and moral aspects of the issues.

In the course of a fictitious marriage, signs of a real (not fictitious) marriage may appear in the life of the spouses. For example, joint life, maintaining a joint budget, emotional attachment etc. If this happened before the decision of the court, the court does not have the right to recognize such a marriage as fictitious.

Procedure for annulment of marriage

The basis for litigation is usually such statements of claim are considered fairly quickly. In such cases, there is no concept of "statute of limitations", except in the case of ignorance about the presence of sexual or HIV infection. In this case, the injured spouse is obliged to file a claim for recognition of the marriage as invalid within one calendar year after the disclosure of this fact.

The following persons can file a claim with the court: a conscientious spouse, his parents or guardians (if the spouse is under 18 years of age) and the prosecutor. The “previous” spouse of one of the persons who entered into marriage can also be a plaintiff, if the divorce was not formalized. If a case is being considered on the concealment of sexual or HIV infection by a spouse, then only the prosecutor can be a plaintiff.

For clearance legal action to annul a marriage you need to collect the following documents:

• receipt of payment of state duty;
• certificate of marriage, birth of common children;
• documents that can be accepted as evidence of the invalidity of the marriage;
• the passport;
• statement of claim.

The latter is compiled in free form, it indicates the unfair spouse as the defendant. The text of the application must contain a requirement to recognize the marriage as invalid and cancel the record of its registration in the registry office.

During the trial, the court carefully examines all the circumstances of the case, evaluates the evidence presented and the arguments of the parties. A positive decision is made if the court considers that the applicant has presented sufficient evidence in favor of a violation of the conditions of marriage.

At the same time, it should be understood that violation of the marriage registration procedure and possible errors of the registry office will not be the basis for a court decision.

The court, quite often, does not take into account the fact that spouses long time do not live together. He needs really good reasons, proof that the reason for the separation is not just a banal quarrel, but the fact that the other side really did not have the goal of starting a family. For example, a marriage union was concluded with a nonresident citizen, whose goal was to obtain living space.

Such types of disputes are quite complex, requiring a careful study of the problem, the correct application of legal norms, the preparation of documents, and the collection of evidence. All this is quite difficult to do for people who are far from jurisprudence, therefore, in order for the court to be won, a family lawyer should be involved in the case.

The decision taken by the court means that from the very beginning such a marriage had no legal force. A lawsuit cannot be satisfied if the marriage has already been dissolved or if one of the spouses has died.

If the claim for recognition of the marriage as invalid is satisfied, the court undertakes to send an appropriate extract from the decision to the registry office at the place of registration of the marriage. Confirmation of the dissolution of marriage will be the corresponding certificate issued by the registry office.

Consequences of declaring a marriage invalid

Recognition of marriage as invalid returns interested party to the legal status that he had before marriage. In this case, the jointly acquired property is divided by the court between the spouses according to the law.

After the marriage between the spouses is declared invalid, they both lose their rights to:

1. receipt of any benefits for the loss of a breadwinner, in the event of the death of one of them;
2. residence or use of each other's living space;
3. use of other property of each other;
4. spouse's surname;
5. inheritance after the death of each other's property.

The last paragraph suggests the person's name.

Legal consequences of declaring a marriage invalid:

• the marriage is completely annulled;
• the marriage contract expires;
• both spouses in any official documents may not mention this marriage union as having taken place.

A conscientious spouse may demand in court compensation for both moral and material damage caused to him. If his claim is satisfied, he can keep the surname that he received at the time of marriage. A conscientious spouse can request material maintenance for himself through the court.

The recognition of the fact of the invalidity of a marriage does not in any way affect the rights of children born in such a marriage or within 300 days after its dissolution by the court. This means that parents are not released from the obligation to support their children. The division of acquired property will be different than in a normal divorce. The property will be considered shared and the spouse will have to return everything received during the fictitious marriage from the second spouse.

The current criminal law does not contain any measures of responsibility when declaring a marriage invalid or fictitious. In its essence, a marriage declared invalid is one of the measures to protect the restoration of violated rights and does not entail any encumbrances for the spouses.

The institution of marriage in our country has its own direction of development, so the state, through legislation, monitors the rights of both spouses in a civil union. If they are violated, then the marriage can be dissolved. But if initially the marriage was concluded in a fraudulent way, then it can be annulled.

Under marriage annulment means the annulment of marriage and all its legal consequences from the moment of its conclusion, i.e. from the moment of state registration of marriage in the registry office.

Grounds for declaring a marriage invalid established in paragraph 1 of Art. 27 RF IC. These include the following circumstances:

1. Marriage in the absence of conditions established by law for marriage: mutual voluntary consent of persons entering into marriage, and their achievement of marriageable age, if this age has not been lowered in the manner prescribed by law (Articles 12 and 13 of the RF IC).

2. Marriage in the presence of obstacles to its conclusion: the presence of another registered marriage, close relationship, adoption relationship or incapacity of the persons (persons) who entered into marriage (Article 14 of the RF IC).

3. Concealment during marriage by one of the spouses of the presence of HIV infection or a venereal disease(Art. 15 RF IC).

4. The conclusion of a fictitious marriage, those. marriage without the intention of the spouses (or one of them) to start a family. The purpose of concluding such a marriage is the desire to obtain any rights or advantages arising from the very fact of registering a marriage, for example, the right to living space.

No other circumstances other than those listed in paragraph 1 of Art. 27 of the Family Code of the Russian Federation cannot serve as a basis for declaring a marriage invalid. So, a violation of the requirements established by law for the procedure for concluding a marriage cannot serve as a basis for recognizing a marriage as invalid, for example, registering a marriage before the expiration of a month from the date of filing an application with the registry office, if this period has not been reduced in the manner provided for in paragraph 1 of Art. 11 RF IC.

With a general approach to the legal consequences of breaking the law during marriage, the norms of family law, based on the goals of strengthening the family, protecting the interests of spouses and children, oblige the court to take into account the peculiarities of each specific case. Yes, Art. 29 of the RF IC provides that if, by the time the case is considered, the circumstances that prevented the marriage have disappeared (for example, the previous marriage has been dissolved, the spouse has reached the age of majority, who was a minor at the time of the marriage, the spouse who was legally incompetent at the time of the marriage has recovered and is recognized as capable , etc.), the court may recognize this marriage as valid. In the theory of family law, this is called "sanitization (improvement) of marriage." Sanitation of a marriage is impossible if the marriage is declared invalid due to the close relationship of the spouses.

The law also takes into account the need to carefully resolve the issue of the invalidity of a marriage concluded with a minor (if by the time the case is considered, he has not yet reached the age of majority - marriageable age). According to paragraph 2 of Art. 29 of the RF IC, the court in these cases may refuse the claim (to the parents, the guardianship and guardianship authority or the prosecutor), if the interests of the minor spouse so require or if this spouse does not agree with the recognition of his marriage as invalid.

For example, the parents of seventeen-year-old K. filed a lawsuit in court to declare their daughter's marriage invalid. The girl went to study in another city. There she met and fell in love with a young doctor. With the help of his relative, an employee of the registry office, young people registered their marriage without unnecessary "formalities". The indignation of the girl's parents knew no bounds. However, the court found that she was quite satisfied with her marriage and was not going to change anything in her life. There is peace, love, mutual understanding in her family, and a child will soon appear. Under such circumstances, in the interests of the minor K., the court dismissed the claim of her parents.

Marriage without the intention to create a family (fictitious marriage) in itself also does not entail the recognition of such a marriage as invalid. In life, there are cases when a man and a woman who entered into a fictitious marriage (for example, in order to acquire the right to housing) subsequently decide to create a real family, i.e. actually become husband and wife. If genuine family relationships between them arose before the case was considered in court, the court cannot recognize a fictitious marriage as invalid (clause 3, article 29 of the RF IC).

The presence of family relations is confirmed by such circumstances as cohabitation, acquisition of property for joint use, mutual care for each other, mutual material support, identification of their marital relations to third parties (in personal correspondence, in communication, etc.) and other characteristic for spouses relationship.

It is impossible to recognize a marriage as invalid after its dissolution, since the court, when dissolving a marriage, proceeds from its validity. This rule does not apply to the recognition of a marriage as invalid due to close relationship between spouses and due to the state of one of the spouses in another undissolved marriage (clause 4, article 29 of the RF IC).

The procedure for declaring a marriage invalid

Recognition of marriage as invalid is made only by the court in a lawsuit according to the rules established by the Code of Civil Procedure of the RSFSR. In the absence of a court decision, no one has the right to refer to the invalidity of a marriage, even if evidence of the illegality of its conclusion is presented.

Marriage is declared invalid not from the day the court decision enters into legal force (for the future), but from the day it is concluded, i.e. from the date of its state registration with the registry office. On the basis of a court decision on recognizing the marriage as invalid, which must be sent to the registry office within three days, the record of the marriage act (and, accordingly, the marriage certificate) is canceled and the marriage is considered non-existent. Persons who have been in such a “marriage” lose all the rights and obligations of spouses, with the exception of certain cases provided for by law (Article 30 of the RF IC) in order to protect the rights of a conscientious spouse and children born in such a marriage (see Consequences of declaring a marriage invalid ).

Persons whose circle is defined in Art. 28 of the RF IC in relation to each specific ground for declaring a marriage invalid. This approach makes it possible to ensure the protection of the rights of citizens, preventing unauthorized persons from interfering in their family and personal lives. Proper plaintiffs in this category of cases are persons whose rights are violated by the conclusion of this marriage (for example, only a spouse who has reached the age of marriage, if the marriage concluded by him before reaching this age is invalidated), as well as the guardianship and guardianship authority and the prosecutor acting in protection of both the rights of citizens and state interests (for example, the prosecutor - when invalidating a fictitious marriage, when both spouses entered into a marriage without the intention of starting a family).

When accepting a statement of claim, the judge finds out on what basis the validity of marriage is being contested (clause 1, article 27 of the RF IC) and whether the plaintiff belongs to the category of persons who, by virtue of Art. 28 of the RF IC has the right to raise the issue of declaring a marriage invalid precisely on this basis. If the applicant does not belong to such persons (that is, he is an improper plaintiff), the judge refuses to accept the statement of claim on the basis of paragraph 1 of Art. 129 Code of Civil Procedure of the RSFSR.

Regardless of who filed a claim for invalidation of a marriage concluded with a person under the age of marriage, as well as with a person recognized by the court as legally incompetent, the court is obliged to involve in the case the body of guardianship and guardianship, which, in accordance with civil law (Article 31 and 34 of the Civil Code of the Russian Federation) performs the functions of protecting the rights of incapacitated and minor persons.

Disputes on the recognition of marriage as invalid should be distinguished from cases of contesting the correctness of the marriage records. This takes place, for example, when registering a marriage by one person without the knowledge and consent of the other, using false documents, in the absence of one of those entering into marriage, although he submitted an application for marriage registration. In these cases, one cannot speak of any marriage: it simply does not exist, and the act record of its conclusion does not reflect the true state of affairs. Since there is no marriage at all, there is no need to recognize such "failed marriages" as invalid. The record made is canceled by the registry office on the basis of the relevant court decision.

Consequences of declaring a marriage invalid

A marriage declared invalid by a court is considered to be non-existent. For persons in such a marriage, no rights and obligations of spouses(personal and property) generally not recognized(clause 1, article 30 of the RF IC). For example, property acquired during marriage is not considered common property of the spouses, and there is no right to alimony. A spouse who has adopted the surname of the other spouse during the registration of marriage shall be assigned his premarital surname.

The legal relations of persons who were married, declared invalid, regarding their property are regulated by the norms of the Civil Code of the Russian Federation on shared ownership (Articles 244, 245 and 252 of the Civil Code of the Russian Federation), and not by the norms of the Criminal Code of the Russian Federation on the joint property of spouses. This means that the property acquired in such a "marriage" is considered to belong to the spouse who acquired it with his own funds. The other spouse may demand recognition of his right to a share in this property only if he participated in its acquisition with his own funds. The amount of this share will depend on the amount of invested funds. Rules of the IC of the Russian Federation that property acquired by spouses during marriage (common property of spouses) is their joint property, regardless of the name of which of the spouses it was acquired or in the name of which or which of the spouses contributed funds (Article 34 RF IC), and about an equal share of each of the spouses in the event of a division of their common property (Article 39 of the RF IC) does not apply to relations between persons who were in an invalid marriage (clause 2 of article 30 of the RF IC).

From the general rule on the loss by persons who were in an invalid marriage of all the rights and obligations of spouses, there are statutory exceptions for a bona fide spouse(clauses 4 and 5 of article 30 of the RF IC).

A conscientious spouse is a spouse who did not know about the existence of obstacles to marriage and whose rights were violated by the conclusion of an invalid marriage.

The conscientiousness of the spouse is established by the court. When establishing this fact, regardless of the grounds for the invalidity of the marriage, the court has the right to recover from the other (guilty) spouse alimony for the maintenance of a conscientious spouse, if the latter is disabled and needy or takes care of a disabled child, and also if the conscientious spouse is a pregnant wife or wife caring for a child up to three years of age.

If, when a marriage is declared invalid, the question arises of the division of property acquired jointly before the marriage was declared invalid, then the court in these cases (if the spouse is in good faith) divides it in accordance with the norms of the RF IC (Articles 34, 38 and 39) on the joint property of the spouses ( see Property rights and obligations of spouses).

A conscientious spouse also has the right to demand from the other guilty spouse compensation for losses incurred as a result of marriage, which was subsequently recognized as invalid, as well as compensation for moral damage to him, which are made in accordance with civil law (Articles 15 and 151 of the Civil Code of the Russian Federation).

Moral harm is the physical or moral suffering that a citizen undergoes as a result of a violation of his rights. For example, when a marriage is declared invalid, the moral feelings of a conscientious spouse due to a change in lifestyle, place of residence, physical pain due to a disease that arose as a result of experienced moral suffering, etc.

Moral damage is compensated in monetary form in the amount determined by the court. Its size depends on the nature and depth of the physical and moral suffering of the victim, the degree of guilt in this tortfeasor, taking into account the individual characteristics of the injured person.

A conscientious spouse is also entitled to retain the surname assigned to him upon marriage (clause 5, article 30 of the RF IC).

The recognition of a marriage as invalid does not affect the rights of children born in such a marriage (or within 300 days from the date of recognition of the marriage as invalid). They are fully equated with the rights of children born in marriage (clause 3, article 30 of the RF IC). The question of the place of residence, the maintenance of children in case of invalidity of marriage and other issues related to the relationship between parents and children are resolved in the same way as in the case of divorce of parents (see Divorce).

Some people, being in emotional state agree to the registration of marriage. Later comes the understanding that the wedding was insincere or the spouses are disappointed in each other, having learned about the true goals of marriage. Even if you get a divorce, the trace of marriage remains for life: a stamp in your passport and other documents, certain obligations, etc. In such cases, you can demand the annulment of the marriage (annulment), but not everyone knows how to do this and what legal consequences await the would-be spouses.

Recognition of marriage invalid

A marriage entered into in violation of the norms is considered invalid.

Marriage is recognized as invalid in case of violation of the conditions established by Articles 12-14 and paragraph 3 of Article 15 of this Code, as well as in the event of a fictitious marriage, that is, if the spouses or one of them registered the marriage without the intention of creating a family.

Article 27 of the Family Code of the Russian Federation

Until the invalidation of any marriage is considered legal.

Grounds for recognition

The Family Code lists all the grounds. No other fact can be the basis. The marriage union is recognized as illegal:

• with a person or persons who were forced into marriage without regard for their disagreement;
• with a person who has not reached the age of marriage and has not received permission in accordance with the procedure established by law for early registration of marriage;
• if there is another registered marriage;
• in the presence of marriage between close relatives in a direct ascending and descending line: between parents and children, grandfather, grandmother and grandchildren, full-blooded and not full-blooded (having a common father or mother) brothers and sisters, between adoptive parents and adopted children;
• if it is concluded between persons, of which at least one is recognized by the court as incapable due to a mental disorder;
• if one of those who entered into marriage hid from the other the presence of a venereal disease or HIV infection;
• at the conclusion of a fictitious marriage, i.e. marriage without the intention of starting a family.

To recognize a marriage as invalid, it is sufficient to have at least one circumstance established by the Family Code

In practice, the reason for the recognition procedure is most often fictitious, that is, marriage without the purpose of forming a family.

Illegality of marriage with a citizen of another country

If your spouse is a foreigner, they can recognize the union as illegal if the conditions for marriage in at least one country are violated. For example, in Egypt, polygamy is not suppressed, and an Egyptian citizen can marry a citizen of another country. But in Russia there is the principle of monogamy, so Russian laws do not recognize a marriage if one of the spouses is already married.

In addition to Russian family law, the legality of marriages with foreigners is regulated by:

• family law of the country of which one of the spouses is a citizen;
• international conflict rules;
• an agreement between the Russian Federation and the Republic of Egypt on legal assistance and legal relations in civil, commercial and family matters;
• an agreement between the Russian Federation and the Republic of Poland on legal assistance and legal relations in civil and criminal cases;
• agreement between the Russian Federation and the Republic of Georgia on legal assistance and legal relations in civil, family and criminal cases.

Thus, it is important that the laws and regulations of both countries are taken into account. For example, if there are no violations on the part of the bride (citizen of the Russian Federation), and the groom violated the norms of his state (for example, concealed his illness), then the marriage is recognized as illegal under Russian laws.

annulment of marriage

On the one hand, annulment is the actual recognition of illegality. Some, having learned about the procedure for carrying out this procedure, come to the conclusion that it is troublesome and you just need to annul the marriage in order to avoid the legal consequences of marriage relations "by magic".

On the other hand, an annulment is achieved if the marriage is disputed. In such cases, the standard procedure must also be followed. The only difference is the grounds for such a procedure.

For example, a woman has decided to annul the contested union. The reason for initiating the procedure was the fact of strong alcohol intoxication at the time of marriage.

Recognition of invalid divorced marriage

Divorce and recognition of marriage as invalid are completely different concepts.

After a divorce, the marriage union cannot be considered illegal. Recognition of illegality after a divorce is carried out only upon the occurrence of exceptional grounds.

If, after the divorce, the former second half entered into a new marriage, and after that a lawsuit was filed to cancel the divorce, then the new union is not recognized as illegal. Since a new marriage has been concluded, the divorce will not be canceled. But sometimes other grounds are found, in which case the divorce will not be canceled, you can only remarry.

Differences between an invalid marriage and a dissolved one

Divorce involves the suspension of marital obligations. And in case of invalidity, all legal relations are canceled from the day of the wedding.

If there were property relations in the marriage (joint purchases, etc.), they are regulated not by the Family, but by the Civil Code (articles 244–252). If during the marriage a marriage contract was drawn up and executed, then it comes into force at the moment of divorce, and, on the contrary, is canceled with the recognition of invalidity.

Some confuse the concept of "invalid marriage" with the concept of "failed marriage." In fact, such a marriage is concluded not in violation of the general norms of the law, but in violation of the record of the act. For example, if someone else's passport is presented, or the bride or groom was absent. Such a marriage was not registered correctly, and therefore did not exist. Failed marriages should not be recognized as illegal. An entry from the act book of the registering body is withdrawn on the basis of a court decision.

Order

A marriage may be recognized as illegal only in a judicial procedure established by the Code of Civil Procedure.

Without a court decision on its illegality, it is impossible to invoke the invalidity of the marriage, even if there is strong evidence.

Asiyat Kirasirov, lawyer

For the recognition procedure, you need to apply to the district court. Territorial jurisdiction is determined by the address of the defendant's registration. When accepting a claim, the court will consider whether the claimant is proper, that is, whether he has the right to file such a claim with the court. And also important is the question of whether the reason for filing an application is a basis from the point of view of the law. If the grounds are insufficient, the claim will be denied.

You can file a claim for recognition of invalidity at any time, since there is no statute of limitations in such cases.

First you need to make an application. It must include the following data:

• the name of the court;
• information about the claimant;
• information about the defendant;
• the price of the claim (if any);
• descriptive part (circumstances of the current situation);
• the pleading part (requirements: for invalidation, for the annulment of the marriage record, for damages, etc.);
• signature and date.

The application must refer to legal provisions.

During the court, a decision is made, which is considered to have entered into force from the moment of registration of illegal marriage.

For example, the marriage took place on May 1, 2010, the court took place on March 1, 2017, during the court a decision was made to declare invalid. The marriage is annulled. The legal consequences come immediately, the former "spouses" will leave the courthouse in the status in which they were before the marriage was registered. Within three days, the decision will be sent to the registering registry office and the entry in the act book will be canceled.

Ksenia Artyushkina, lawyer

What documents need to be attached to the application

The claim must be drawn up in two copies (one copy will be sent to the defendant). The state duty must be paid before the filing of a claim in order to attach a receipt. You can pay the state duty at the cash desk of any bank, at the payment terminals of Sberbank offices and at the post office. By the way, the state duty for invalidation is 300 rubles.

Another mandatory application is a certificate of registration of this marriage. A copy of the certificate can be attached to the claim, but at the meeting it is necessary to give the original, as the judge must take it. If there are children from such a marriage, birth certificates of children (copies are possible) are needed. The originals will not be taken. What happens next depends on the circumstances. It is necessary to prepare documents confirming the validity of the requirements.

First, you need evidence. For example, if bigamy served as the basis, copies of documents confirming the existence of a second marriage, testimonies of witnesses, etc. must be attached as evidence. If the reason was the concealment of the fact of a venereal disease, you need to attach medical certificates, an extract from a medical book, etc.

Secondly, if there are any requirements other than the actual recognition, they must be substantiated. For example, if a claim is made for compensation for material damage, you need to justify the price of the claim (checks, receipts, printouts from accounts, etc.).

A list of all attached documents must be included in the claim itself.

Who has the right to demand recognition of marriage as invalid

The list of persons who can file claims for the illegality of marriage is determined by Article 28 of the Family Code:

• minor spouse, his parents or guardianship authorities;
• spouse whose rights are violated;
• a spouse who did not know about the fact of the illegality of marriage;
• guardian of a spouse who has been declared legally incompetent;
• spouse from a previous undissolved marriage (if the basis is bigamy);
• a spouse who did not know about fictitiousness (if the basis is fictitiousness);
• other persons whose rights are violated by the conclusion of this marriage;
• prosecutor;
• bodies of guardianship and guardianship (in cases relating to minor spouses or incapacitated).

Courts of this kind are held in the presence of a limited number of persons, since the disclosure of someone's personal life may violate the rights and interests of the parties involved.

If we are talking about the marriage of a person who entered into a marriage before the marriageable age, but at the time of the trial the marriageable age was reached, then the presence of guardianship authorities is not required. Moreover, only the spouse himself can file a lawsuit in this case. For example, a girl got married under duress at the age of 17 (1.5 months left until adulthood). After consulting with a lawyer, her mother filed a statement of claim demanding an annulment of the marriage, because at the time of the marriage, the marriageable age was not reached. But the mother’s application was not accepted, since at the time of the application, the daughter had already turned 18.

The prosecutor may declare invalidity in the event that the fact of forced marriage is found out. Sometimes a civil case can smoothly flow into a criminal one. For example, when the ritual "theft" of an underage bride with subsequent registration turns into a kidnapping.

Ekaterina Guryanova, lawyer

If the victim is incompetent, representatives of the guardianship authorities can submit an application for recognition of the illegality of his marriage. In practice, there are cases when young women marry disabled pensioners. Later, they register in the spouse’s apartment, and sometimes they draw up a will. Most of these cases end with the satisfaction of the claim of the guardianship authority and the eviction of such "wives" without providing other housing.

Legal Consequences

The abolition of all legal relations implies the abolition of marriage relations. Property issues are regulated by the Civil Code, that is, former spouses remain with what they were before marriage. If joint property has been acquired, the former spouses may enter into a voluntary agreement or divide the property in accordance with the rules on shared property. The interested party may file a claim for recognition of the right to a part of the property.

A spouse who did not know about the circumstances that make the marriage invalid (conscientious spouse) has the right to demand the payment of alimony for his maintenance in accordance with articles 90 and 91 of the Family Code. And also a conscientious spouse can leave the marriage surname if he likes it.

Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.

Clause 1 of Article 1064 of the Civil Code of the Russian Federation

Many on the eve of the court say the words about damages, but few people know what kind of damages and in what form can be claimed. So, it is possible to indicate material and moral harm in the pleading part of the claim. Moreover, the payment of the amount appointed by the court can be recovered not only from the person who caused this harm.

Sometimes unscrupulous spouses, fearing the award of damages, agree to voluntary compensation

The legal consequences of the recognition of the illegality of marriage do not apply to children. Children. those born in such marriages have the same rights as other children.

The recognition of a marriage as invalid does not affect the rights of children born in such a marriage or within three hundred days from the date of the court. Children born in a marriage declared invalid (or within three hundred days from the date of recognition of the marriage as invalid) have the same rights and obligations in relation to parents and their relatives as children born in a valid marriage.

Article 30 of the Family Code of the Russian Federation

Arbitrage practice

In practice, 99% of claims for recognition of the illegality of marriages are satisfied. The fact is that the norms regulating this procedure prevent violations of the order of the procedure already at the stage of receiving applications. And in the case of a simple unwillingness to be married, it is much easier to get a divorce than to start a recognition procedure.

The most prominent in family law Among the cases of this kind are claims for the recovery of moral damages. The fact is that it is almost impossible to prove moral suffering. It is possible to compare mental suffering with the tariffs of neuropathologists and psychotherapists, but even if medical evidence of such harm was presented in court (up to 500,000), the court refused to satisfy.

Exceptions are marriages with drafting marriage contract, in which such a probability is indicated. But in Russia there are only a few such cases. By the way, in some Western countries, it is much easier to obtain compensation for moral damage than recognition or divorce itself. The difference is that Russian courts are based on the articles and norms of the law, while Western courts consider each claim case in private.

Sanitation of an invalid marriage

Sanitation of a marriage recognized as invalid is the abolition of the invalidity of the marriage or recovery. However, the court can, but is not obliged to sanction the marriage. In order to save a marriage that may be declared illegal, the circumstances that make the marriage illegal must be eliminated.

Article 29 of the Family Code defines the circumstances that eliminate the illegality of marriage:

1. Achievement by spouses (or one of them) of marriageable age, if the union was concluded during the minority of one of them (or both).
2. Dissolution of a previous marriage or a decision of a judicial authority to declare it invalid.
3. Cancellation by the court of the decision of the fact of adoption between spouses.
4. A court decision annulling the incapacity of a person of a marriage union.
5. The creation of a family by the subjects of legal relations, but only if at the time of registration they did not seek to achieve such a goal.

In practice, reorganization is carried out most often in the first two cases. For example, the parents of one of the parties achieved invalidation, and a couple of months later, young people in love achieved the annulment of the court decision.

The procedure for the restoration of marriage

The procedure for reorganization is not much different from any other action performed through an appeal to the court. Moreover, you should apply to the same court that declared the marriage invalid. Documents required:

• statement of claim;
• copies of passports of former spouses;
• a copy of the court decision on invalidation;
• confirmation of the elimination of the circumstance for invalidation;
• receipt for payment of state duty.

The decision rendered by the court may come into force from the day of its registration, or from the day when the grounds for illegality have ceased to exist. It all depends on the judge.

An invalid marriage is a marriage entered into illegally, that is, in violation of established procedures. Only a court and on the basis of a statement of claim can recognize a marriage as invalid. The decision of the court shall enter into force from the date of registration of the marriage. But the invalidity of the marriage can be canceled by also filing a claim. You can file a claim yourself or contact a lawyer.