Declaring the marriage invalid did not fill out the application. Sample statement of claim declaring a fictitious marriage invalid. In what cases the marriage is invalidated
The form of the document "Claim for invalidation of marriage" refers to the heading "Statement of claim". Save the link to the document on social networks or download it to your computer.
V
(name of the court)
__________________________________
Plaintiff: __________________________________
(FULL NAME)
__________________________________
__________________________________
Defendant: __________________________________
(FULL NAME)
__________________________________
(place of residence and registration)
__________________________________
Claim price: __________________________________
(amount in rubles)
Statement of claim
invalidation of marriage
"___" __________ _____, a marriage was registered between the Plaintiff and the Defendant. From "___" __________ _____ to "___" __________ _____, they lived together and kept a common household. After marriage, it turned out that _______________________________
(indicate the grounds that prevented the conclusion of marriage or testifying to the conclusion of a fictitious marriage), which is confirmed by _______________________________ (provide evidence).
Based on the above, guided by art. 12-14, 27 RF IC, please:
To recognize the marriage between the Plaintiff and the Defendant, registered on "___" __________ _____ in ______________________________ (registry office), record number _________, invalid.
Applications:
1. A copy of the marriage certificate.
2. Documents confirming the grounds for declaring the marriage invalid.
3. Receipt of payment of state duty.
4. A copy of the statement of claim for the Defendant.
Date of application: "____" __________ 20____
Claimant's signature
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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 invalidated if there have been violations of the conditions and procedure for entering into a marriage established by the Russian Federation to the Russian Federation: when it was concluded, there was no mutual voluntary consent of the persons who entered the marriage, or at the time of the marriage, these persons (or one of them) did not have reached marriageable age and there is no local government permit for their marriage.
Since, according to Russian law, a mutual voluntary consent of a man and a woman is required for marriage, it is unacceptable to enter into 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 its invalidation by law. Such consequences occur regardless of the reasons why mutual voluntary consent was not expressed during marriage (due to delusion, deception, physical or mental violence or coercion, agreement of parents and other persons; mental illness and lack of understanding in this regard, the meaning of their actions and other reasons due to which the true will of persons (or one person) is distorted upon 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 whom at least one is already in another registered marriage. If one of the persons who entered the marriage is already in another registered marriage, only the subsequent (second) marriage is recognized as invalid. Recognition of such a marriage as invalid on grounds of violation of monogamy (monogamy) may be demanded by the other spouse both for the first unbreakable marriage and for the second marriage, as well as other persons whose rights were violated by the conclusion of a 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 invalidated 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 incomplete (having a common father or mother) brothers and sisters.
Fourth, a marriage is invalidated if it is concluded between persons, of whom at least one has been declared incapacitated by the court due to a mental disorder. A citizen can be declared incapacitated by a court if, due to a mental disorder, he cannot understand the meaning of his actions or control them. Guardianship is established over him. Therefore, if it is established that the citizen who entered the marriage was declared incompetent by the court at the time of the marriage, 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 invalidate such a marriage. If, subsequently, by the time of the consideration of the case on recognizing the marriage as invalid, the grounds on which the citizen was declared incompetent have disappeared and the citizen has been recognized as legally capable by the court, then the question of the validity of the marriage can be decided on a general basis according to the rules on divorce.
Fifthly, a marriage is declared invalid if one of the married has concealed from the other that he has a sexually transmitted disease or HIV infection. It is not the presence of one of these diseases that is of legal importance, but the fact of their concealment upon marriage. Infecting or putting in danger of infecting another person with these diseases is a crime and carries criminal liability. Silence about the presence of a person entering into marriage, another disease and, in general, about the state of his health as a whole does not entail the recognition of the marriage as invalid.
Sixth, a marriage is invalidated if it is fictitious. In a fictitious marriage, as in any imaginary transaction, all the conditions stipulated by the law are observed, but the marriage itself is concluded only for appearance, without the intention to create a family.
A fictitious marriage differs from a marriage of convenience in that, in a marriage of convenience, both persons entering into a marriage understand the peculiarities (material or otherwise) of their marriage and consciously go to the establishment of marital relations. In a fictitious marriage, the parties (or one of them) have no intention of starting a family, but only pursue the goal of creating the appearance (fiction) of a family without the intention of entering into a marital relationship.
The fictitious nature of marriage can be proven (confirmed) by all means that are allowed by civil procedural legislation, including testimony, 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 in-depth study of all the circumstances of the case.
A type of fictitious marriage is also a marriage entered into only to cover up some other deal (sham marriage). For example, a marriage is entered into only in order to move and register a person with the rights of a spouse in a dwelling occupied by another person - the tenant of this premises, with the right to the dwelling, but without the purpose of creating a family. The rules on the invalidity of the marriage may be applied to such a marriage.
The invalidation of a marriage is made by the court in accordance with the general procedure.
The court may declare an invalid marriage valid:
- - if by the time of consideration of the case on recognizing the marriage as invalid, the circumstances that, by virtue of the law, prevented its conclusion have disappeared (for example, the grounds for recognizing a citizen as incapacitated due to his recovery have disappeared);
- - if, when considering a claim for invalidating a marriage concluded with a person who has not reached the marriageable age, it was established that the interests of the minor spouse require the preservation of the marriage, and also if his consent to invalidate the marriage is absent;
- - if the persons who entered into a fictitious marriage subsequently actually started a family prior to the consideration of the case by the court.
After the entry of the court decision on the recognition of the marriage as invalid, the extract from the decision is sent by the court within three days to the appropriate registry office at the place of state registration of the marriage. On the basis of this decision, the registry office annuls the illegally made marriage registration record.
The marriage is declared invalid from the day of its conclusion. In accordance with this, the marriage legal relationship is canceled from the moment of the conclusion of such a marriage. From this moment on, the rights and obligations of the spouses cease.
According to Art. 9 of the RF IC for claims arising from family relations (including claims for a court to declare a marriage invalid), the limitation period does not apply, except in cases where the time limit for protecting the violated right is established by the RF IC. One of these exceptions is provided for in paragraph 4 of Art. 169 of the RF IC: to declare a marriage invalid for reasons of concealing the presence of a sexually transmitted disease or HIV infection, a claim may be brought within a year from the day when the plaintiff learned or should have learned about the circumstances that are the basis for invalidating the marriage.
The consequences of invalidating a marriage differ significantly from the legal consequences of divorce. Upon dissolution, the marriage ceases to exist after its dissolution. If a marriage is declared invalid, it is considered as such from the moment of its conclusion, i.e. the invalidation of the marriage shall be retroactively applied. Such a marriage does not give rise to the disposition and responsibilities of the spouses. When entering into a new marriage, they have the right not to indicate that they were previously in a marriage that was declared invalid.
A spouse who at the time of 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 from the general rule, a conscientious spouse, i.e. A spouse who did not know and could not have known about the existence of circumstances that make the marriage invalid, has the right, upon recognition of the marriage as invalid, to retain the surname he chose when registering the marriage.
Property acquired jointly by persons while in a marriage, which is recognized as invalid, is considered their common shared property and can 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 allocation of a share, a participant in shared ownership has the right to judicially 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. ZO Investigative Committee of the Russian Federation, a marriage contract concluded by spouses who have entered into marriage, which is recognized as 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 invalidation of a marriage does not affect the rights of children born in a invalidated marriage, as well as children born within 300 days of the date of invalidation of the marriage. In these cases, the spouse of the mother of the child born in the given marriage is recorded in the record of the birth of the child by the father of the child, the surname of the child is determined according to the general rules.
The law provides for the right of the court to recognize the right to receive maintenance (alimony) from the other spouse when making a decision on recognizing a marriage as invalid, and to apply the provisions of the RF IC when dividing property acquired jointly before the marriage is declared invalid. on the joint property of the spouses, as well as recognize the marriage contract (if it is concluded) fully or partially valid.
The question of the conscientiousness of the spouse is decided by the court based on the specific circumstances of the case. A conscientious spouse is legally granted the right to demand compensation for material and moral harm 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 treatment costs, the cost of the damaged item, etc.).
Moral harm, i.e. physical or mental 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 damage caused in the case under consideration is subject to compensation in the presence of 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 link between harm and unlawful guilty behavior.
Sample statement of claim for invalidation of marriage
Sample
B (name of the court)
Plaintiff: (surname, name, patronymic),
resident: (postal code and full address).
Defendant: (surname, name, patronymic),
(postal code and full address)
STATEMENT OF CLAIM
invalidation of marriage
"" ________ 20, I married the defendant and lived
with her until "" _______ 20_
The marriage was registered in (indicate name) the registry office.
After marriage, during a short time of life together, I began to notice strange things about my wife, and then it turned out that she had been suffering from a mental disorder since childhood and was declared incompetent by a court decision ( name of the court) from ( indicate the date) (or indicate other reasons that prevent 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
I beg:
recognize a marriage registered "_____" __ 20 in (indicate name) the registry office, invalid.
Application:
- 1. Certificate of marriage (script).
- 2. The decision of the court on recognizing the defendant as legally incompetent (or other evidence on the merits of the case).
- 3. A copy of the statement of claim.
- 4. Bank receipt for payment of the state fee.
"__" _______ 20__ Signature
The lawsuit to invalidate the marriage and the petition for divorce are very different. So, the first makes it possible, from a legal point of view, to annul and prevent adverse consequences for the parties who entered into a marriage union. And in some situations, such a procedure is more profitable than a standard divorce, because there is no need to divide movable and immovable common property. Also, the parties will not be liable for the payment of alimony for the maintenance of the spouse. However, not everyone can declare this, but only if a number of conditions are observed that are regulated by the IC of Russia (Articles No. 12,13,14 in Parts No. 3, as well as No. 15).
What is the invalidity of the marriage union will be discussed in this article. Also, visitors to the portal can download in a free format an example of filling out such a claim and its sample.
For all related questions, please contact the portal's duty lawyer via the online form. Legal assistance is available 24/7
Based on the current legislation of the Russian Federation, it is possible to file a claim for invalidation of a marriage only in the following cases:
- in the absence of voluntary consent of the parties to the marriage;
- not reaching the appropriate age for the conclusion of an official union;
- in the presence of a past marriage that has not been dissolved in accordance with the current law;
- if soybeans are registered between related parties, incl. marriage between an adopted person and his guardian;
- when signing the consent to the union, the defendant was declared incompetent by the court;
- not providing the fact of a serious illness (for example, HIV infection);
- fictitious marriage, the purpose of which does not concern the formation of a unit of society.
A marriage is declared invalid if there is no voluntariness in actions. This established fact bears the name "Flaw of Will".
The nuances of the judicial order
The invalidity of a marriage can only be proven in court. Therefore, you will need to write a statement of claim. And before sending it to court, the statute of limitations is taken into account.
The IC of Russia does not establish a clear period during which the spouse is entitled to protect his interests. So, in family law, there is no such term at all. The only exception is those situations that are regulated by article 9 of this code.
If the party that entered into the marriage union concealed the presence of a sexually transmitted disease or HIV infection, then within a year from the day the second learned about it, she has the right to file an appropriate claim to invalidate it. To find out with what disease the marriage is valid, read article No. 160 of the RF IC, as well as in No. 181 of the Civil Code of Russia.
Who can annul a marriage?
A statement of claim declaring the marriage invalid is sent by either party. Only after this does the procedure for the examination of the case in the judicial authority begin. By the way, there are a number of other persons, besides the husband and wife, who have the right to direct such a request. So, if the procedure is related to the marriage of a minor child, then the claim has the right to send:
- directly the child himself who has entered into a marriage;
- mother or father of a child under 18;
- representatives of a social organization;
- prosecutor.
In a situation where there is no voluntary mutual "Yes" at marriage, or there are facts indicating the fictitiousness of the union, the prosecutor's office employees, husband or wife have the right to file a claim.
If the concluded marriage was signed in the presence of the first union, the divorce for which was made incorrectly, or the second half is incapacitated, then the claim is filed by relatives, and also:
- the injured party;
- the guardian of the incapacitated party:
- spouse from a previous union;
- another citizen or organization that has its own interest in the process;
- representatives of social organization bodies;
- by employees of the prosecutor's office.
You can fill out the form on your own or by contacting the portal's specialists, who will give you a comprehensive consultation free of charge.
In addition to the claim, you need to collect a package of documentation of the following nature:
- documentation confirming the conclusion of a marriage union;
- check for payment of state duty;
- if the claim is filed by a representative, then a general power of attorney certified by a notary;
- other documentation confirming the grounds for invalidating the marriage.
The collected documents, together with the claim, should be submitted to the judicial authority that is territorially attached to the registration address of the defendant's party. This is regulated by Article 28 of the Code of Civil Procedure of Russia.
How does the court recognize the invalidity of a marriage?
The court decision will be rendered only after the case is considered in detail. It is noteworthy that during the investigation, the court takes into account such factors as:
- how long citizens are married;
- the number of children born in a marriage union;
- grounds for filing such a claim;
- as well as other factors of the case.
Within 3 working days from the moment of the decision, it comes into force. The corresponding act is sent to the registry office, where the procedure for concluding a marriage union was carried out.
This body makes the necessary entries on the basis of the Federal Law "On acts of civil status" (Article No. 75).
The judicial authority has the right to refuse to make a positive decision on the claim if the reasons are established why this marriage can be kept, or the grounds for its dissolution have been eliminated.
These circumstances can be:
- one of the parties at the time of filing the claim has reached the age of 18;
- the presence of documentary consent of the party to stay in the marriage union;
- the first marriage was dissolved through the court;
- when the adoption is canceled;
- the court recognized one of the parties as legally competent;
- after the concluded fictitious union, a full-fledged cell of society was formed.
The above circumstances are given in a short form, since judicial practice contains an impressive list in which the court has the right to refuse a claim.
What are the consequences of the annulment of the marriage union?
If the court can admit that the marriage union is invalid, then in this case the return of legal relations begins until the moment the marriage was registered. In this case, jointly acquired property is subject to division:
- by a peace agreement between the parties;
- on the basis of a court decision regulating the distribution of property, taking into account the contribution of each spouse.
In addition, cancellation occurs:
- rights to use the movable and immovable property of the second party;
- inheritance law;
- rights to benefits due to the death of the other party and more.
For the party that is considered to be in good faith, the right to demand compensation for both moral and moral damage will be retained. This is also governed by civil rights in force in Russia.
Valery Isaev
Valery Isaev graduated from the Moscow State Law Institute. Over the years of work in the legal field, he has conducted many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.
Let's start with the terminology - which marriage is considered fictitious? According to paragraph 1 of Article 27 of the Family Code of the Russian Federation, a marriage is considered fictitious if it is registered by the spouses or one of the spouses without the intention to start a family.
At first glance, a fictitious marriage cannot be distinguished from a real one: it has all the external signs of a legal marriage, namely: the will of the future spouses to register a marriage is observed and there is a record of the registry office.
Why is a fictitious marriage registered? Most often for obtaining benefits, both property and non-property. Benefits can be the acquisition of citizenship, inheritance of property, or benefits for the allocation of housing.
Who has the right to go to court to declare a marriage invalid? Only the spouse, who did not know about the fictitiousness of the marriage, his legal representative, or the prosecutor.
Algorithm for invalidating a fictitious marriage
Step 1. We determine the existence of grounds for declaring the marriage invalid, and in the case when there are grounds, we collect evidence.
The first and main sign of a fictitious marriage is the lack of intention to start a family.
The difficulty here is that the concept of a family is not legally defined in the legislation, because the concept of a family includes not only property relations, but also personal ones. In the legal literature, a family can be understood, for example, a social group of people living together, leading a joint household and bound by mutual rights and obligations.
Based on this, the recognition of a marriage as fictitious may be in the presence of evidence of the absence of the above signs of the family. In this case, the simultaneous presence of several points is necessary. Let's say that only separation will not be the basis for invalidating the marriage.
What can be accepted as evidence? Testimony of witnesses about the absence of communication between the spouses, about separation after marriage, as well as refusals to maintain and provide material assistance. In this case, the actions of the spouse or both spouses, aimed at obtaining any benefit, must be proven.
Step 2. We draw up a statement of claim to the court to declare the marriage invalid.
We indicate the spouse as the defendant, and as a third person - the registry office in which your marriage was registered.
The application must state the circumstances indicating the fictitiousness of the marriage, namely, list the benefits received by the spouse and note that you are demanding not only to declare the marriage invalid, but also to annul the registry office record on registration of the marriage.
Step 3. Prepare the documents that are attached to your statement of claim.
When does the court decision come into force? - after the expiration of the time limit for the appeal (one month from the date of the final decision of the court), if it has not been appealed. (Part 1 of Article 209, Part 2 of Article 321 of the Code of Civil Procedure of the Russian Federation).
Legal consequences of invalidating a fictitious marriage
If the marriage is declared invalid by a court decision, this decision deprives the spouses of any mutual rights and obligations. For example, property acquired in marriage is no longer considered joint property of the spouses. The ownership of the property remains with the spouse at whose expense it was acquired.
Important! It must be borne in mind that in the interests of the parties, the court may recognize all property acquired during the marriage as joint property. In this case, one of the spouses, if his own funds are insufficient, cannot be turned over to the property of the other spouse.
In the event of a court decision on the invalidity of the marriage, the concluded between the spouses is also recognized as invalid. However, it must be borne in mind that the court in the interests of the parties, nevertheless, can recognize it as valid either in full or in part.
A conscientious spouse, when the court is considering a marriage as fictitious, may be a spouse who did not know about the fictitiousness of the marriage. Such a spouse has the right to demand compensation for material and moral damage arising from the conclusion of a fictitious marriage from a former spouse. He has the right to keep the surname, which he chose when registering the marriage, if the marriage is declared invalid by the court.
A conscientious spouse also has the right to demand maintenance (alimony) from the former spouse. The amount of compensation is determined by the court based on the composition of the available property, the level of income of the former spouses, that is, on the level of their material security.
At invalidating a marriage the rights of children born during a fictitious marriage are not affected, since they have the right to count on upbringing and maintenance (Article 30 of the RF IC). If the spouses in a marriage that initially has signs of fictitiousness have started a family by the time of the court, then the court cannot invalidate such a marriage (clause 3 of article 29 of the RF IC).
When a man and a woman decide to start a family, they do so legally. But, if it is found out that the marriage was concluded in opposition to the norms of the current legislation, then it may be invalidated.
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The registry office or other authorized institutions can register a marriage. If there were violations in the procedure for registering a marriage relationship, such a marriage may be invalidated.
Only a court can make such a decision. Until the court makes its decision, the marriage is considered legal.
There is no statute of limitations for filing a statement of claim on this basis.
One of the spouses can file such a statement of claim. But, if the official dissolution of the marriage has already taken place, then it will be invalidated only after the court decision on the divorce of the spouses is annulled. That is, the marriage relationship will be restored.
If the divorce was filed through the registry office, then first you need to file a lawsuit with the court to recognize the act record as invalid, and then apply for recognition as such and the marriage itself.
Legal regulations
The procedure for marriage and its dissolution is governed by the rules of Chapter 3 of the RF IC. It is also worth relying on the provisions of the Federal Law of 15. 11. 1997, No. 143-FZ "On acts of civil status."
How a marriage is invalidated is described in Chapter 5 of the RF IC. The fact that only the court can declare the official matrimonial relationship invalid is stated in Art. 27 of the RF IC.
The same article mentions that the court carries out such procedural actions only on the basis of the submitted application.
It must comply with the norms prescribed in Art. 130 and art. 131 of the Civil Procedure Code of the Russian Federation.
What are the reasons
In Art. 12-14 of the RF IC, as well as in paragraph 3 of Art. 15 of the RF IC provides the conditions under which a marriage will be considered valid.
If these conditions are violated, you can file a claim with the court to recognize the marriage relationship as invalid.
These reasons include:
| Conclusion of marriage before the established legal age | the general age is 18 years, but there are circumstances allowing to marry earlier, but not before 14 years |
| Lack of a factor of voluntariness | — |
| One of the spouses hid the fact that he has a sexually transmitted disease or AIDS | this circumstance is an exception to the rule that the invalidation of marriage has no statute of limitations. But for this reason, the period for filing a claim is 1 year from the moment the second spouse found out or should have learned about the deliberately hidden illness. |
| Citizens entered into family relations | one of whom is already officially in the same relationship |
| People who are close relatives became spouses | this also applies to adoptive parents and adopted children |
| The couple had no intention of starting a family | that is, the marriage can be called fictitious |
| One of the spouses | before he entered into a family relationship, was declared completely incompetent by the court |
This list is comprehensive.
Payment of state fees
When a statement of claim is filed with the court, you must pay a state fee. The plaintiff must do this.
But then he can recover all legal costs from the defendant, but only if the court satisfies the claim in full or in part.
According to paragraphs. 3 p. 1 of Art. 333. 19 of the Tax Code of the Russian Federation, the amount of the state duty for filing such a claim is 300 rubles. the payment must be attached to the application.
Determination of jurisdiction
As a general rule, the claim is filed in court, which is “fixed” at the address of the defendant's residence. The jurisdiction of such disputes lies with the district courts.
Who can submit
In Art. 28 of the RF IC provides a list of persons who have the right to submit such an application. It:
Video: declaration of invalidation of marriage
A claim to a court to declare a marriage invalid
Regardless of what is the subject of the claim, it can only be filed in writing and in compliance with the rules prescribed in Articles 130 - 132 of the Code of Civil Procedure of the Russian Federation.
It is important that the claim is properly drafted. Otherwise, the court will leave him motionless for a while or will not accept it for consideration at all.
When drawing up a statement of claim, you need to take into account several nuances:
Due to fictitiousness
A marriage that has the following features is recognized as fictitious:
- The spouses do not communicate with each other.
- They don't have an intimate relationship.
- There is no moral support for each other.
- They don't live together.
- Do not run a joint household.
- They have no joint property.
The presence of such signs in the aggregate can lead to the fact that the marriage will be recognized as fictitious. And this can lead to unpleasant consequences.
When one of the spouses submits for declaring a marriage invalid due to its fictitiousness, he must prove that one (or several) of the above signs takes place.
Sample application
The statement of claim to the court for the recognition of the marriage as invalid must contain the following information:
| Name of the court to which the application is submitted | according to the jurisdiction and jurisdiction, on the official website of the court you can find out its full and correct name |
| Information about each side of the process - the plaintiff and the defendant | in this dispute, both parties are individuals, therefore, it is necessary to indicate:
|
| Depending on whether the parties have a dispute over property | you will need to pay a fee either in a fixed amount or as a percentage of the cost of the claim |
| Full name of the document | with the subject of requirements |
| The essence of the requirement | there is no need to show unnecessary emotions. All facts must be stated clearly, the requirements must be supported by references to the norms of the law. You cannot present your subjective opinion on the current conflict to the court. If there are witnesses in the case, then their testimony must be given |
| Grounds for the Dispute | it is necessary to describe all the prerequisites that brought the parties to the courtroom |
| Present your demands to the court | in this case, recognize a marriage that was concluded in the registry office (it is indicated in which registry office it happened, what date and number of the act record) |
| Application | this is a list of documents that the plaintiff attaches to his application to prove the specified facts. All documents that are attached to the application must be spelled out in the "body" of the claim |
| Date of preparation of the document | the signature of the applicant, as well as the decryption of the signature. If the application is submitted by the representative of the plaintiff, then he also signs it. |
If the other spouse believes that the claim is unfounded, he can file an objection to the claim to invalidate the marriage. A sample of the statement of claim declaring a marriage invalid can be downloaded.
Review process
The court session takes place in the presence of both spouses. If one of them cannot be personally present at the court, then he can send his representative with a notarized power of attorney.
Considering all the circumstances that brought the plaintiff to the court with such a request, the court also takes into account the interests of both spouses.
If children were born in this marriage, then without representatives of the guardianship authorities and the prosecutor, the court session cannot begin.
The marriage is declared invalid from the moment of its conclusion. Disputes about children, about the appointment of alimony in their favor, as well as disputes about the division of property that was acquired in an invalid marriage, will be considered separately.
In such a marriage there will necessarily be a "bona fide" spouse, that is, the one whose rights have been violated.
He has the right to demand from the other spouse:
- Payments to him in cash.
- Payment of material and moral damage.
- Preservation of the surname that was acquired in this marriage.