Recognition of marriage invalid in Ukraine

The reason for the termination of the marriage relationship may be not only the unwillingness of the spouses to be together, but also a number of other reasons due to which the marriage is recognized as invalid. Признание брака недействительным 1You need to understand that along with the marriage vow comes rights and obligations that some unscrupulous citizens can use for their own selfish purposes. The law provides for the cancellation of unions entered into by illegal or fraudulent means.

Invalidation of marriage – grounds

The Family Code of Ukraine provides a list of reasons why a marriage may be invalidated. Conventionally, all grounds for canceling the union can be divided into three groups:

  1. The reasons due to which the marriage can be declared invalid in the Civil Registry Office;
  2. The reasons on the basis of which the marriage agreement is canceled through the court;
  3. The reasons why a marriage may or may not be annulled, depending on the circumstances of the case.

In the first case, the recognition of the agreement as invalid occurs due to the impossibility of the society to recognize such a union. It includes:

  • Registration of a marriage agreement with a citizen already arriving in such an agreement with another person;
  • Registration of a marriage agreement between close relatives;
  • Registration of a marriage agreement with an incapacitated person.

In the second case, the cancellation is made by the court if:

  • At the conclusion of the agreement, there was no mutual free consent of the spouses, which is considered as such in case of: mental disorders of one of the persons entering into marriage, alcoholic, drug or other intoxication, the use of violence to force an agreement;
  • The marriage is fictitious, that is, it was not concluded for the purpose of creating a family.

In the third case, the court’s decision to annul the marriage agreement is made on the basis that the marriage was concluded:

  • Between persons treating each other as an adoptive parent and an adopted child, only if the adoption was not previously canceled;
  • Between cousins;
  • With a person who has hidden a serious illness from his spouse;
  • With a person under the age of consent to marry.

What you need to annul a marriage

Признание брака недействительным 2Recognition of the marriage union as invalid requires filing a statement of claim in court. It is submitted by an interested person: one of the spouses, a prosecutor, parents of a minor child, etc. e. The claim requires the following information:

  • Information about illegal marriage;
  • Documents confirming the right of the person who applied to the court to demand the cancellation of the marriage agreement;
  • Reasons why a marriage should be annulled.

In addition, additional documents are submitted to the judicial institution, such as:

  • Original marriage certificate;
  • Copies of the spouses’ passport data;
  • Medical certificates on the presence of serious illnesses, copies of the adoption certificate and all other documents confirming the fact of violation of the rights of the parties to the marriage agreement.

All documents in duplicate are submitted to the court at the place of residence of the defendant or in the area of ​​residence of the plaintiff, if it is not known where the defendant lives. It should also be noted that a claim for invalidation of a marriage cannot be filed during the period of the wife’s pregnancy or within a year from the date of the child’s birth.

After the court has considered all the circumstances of the case, a decision is made, which depends on a number of factors:

  • The duration of the relationship;
  • Cohabitation and housekeeping;
  • The spouses have a common child;
  • Grounds and evidence of invalidity of the agreement.

In case of confirmation of the cancellation by the court, the agreement is considered invalid from the moment of registration with the registry office, which bears the corresponding legal consequences.

    • Statement of claim
    • 700 UAH
    • Document analysis
    • Consultation and judicial strategy
    • Drawing up a lawsuit
    • Receipt for payment of court fees
    • Divorce "Turnkey"
    • 6000 UAH
    • Visiting the court on behalf of
    • Drawing up a lawsuit
    • 1 court hearing
    • Obtaining a ready court decision
    • Premium Divorce Package
    • 12500 UAH
    • Visiting the court on behalf of
    • Drawing up a lawsuit
    • All court hearings
    • Obtaining a ready court decision