The grounds for invalidity of marriage are not. Legal grounds for invalidating a marriage

09.07.2019

Life is such that people often break up and marriages fall apart. Everyone can give many examples of similar situations. Until recently, it would seem, the spouses lived peacefully and happily together next door to you, and suddenly it became known that they had parted. No one is immune from such a situation, problems can arise in any family. However, from a legal point of view, there is a big difference between divorce and invalidation of marriage. To avoid problems, it is advisable to understand the legal intricacies of these processes.

What marriage does the law consider invalid?

The answers to all questions should be sought in the Family Code of the Russian Federation (IC RF). First of all, it is Art. 27-28 of the RF IC, which spells out the basic rules regarding the invalidity of the marriage union. In particular, it contains the grounds that may lead to the adoption of just such a decision by the court. But this is given in the form of a reference to other articles of the RF IC.

For a marriage to be recognized as such, the conditions set forth in Articles 12-14 and paragraph 3 of Art. 15 RF IC. If at least one of the points prescribed in these norms is violated, then this is a legal basis for recognizing the marriage union as invalid.

What is the difference between the concepts

From a legal point of view, the official recognition of the marriage union as annulled and dissolution are concepts that have different consequences.

Signs of an invalid marriage

So, let's turn to the RF IC. On the basis of what facts does the court have the right to determine the marriage union as invalid?

Violation of the voluntary nature of marriage by at least one of the spouses. This can be an alliance not only under duress or as a result of blackmail, but also in the presence of insanity. In judicial practice, situations are quite common when a 70-year-old woman marries a 30-year-old unfamiliar man, who then claims her property. Less common, but still there are arranged marriages in our country, when there is an agreement on the future wedding of children at a very young age.

The presence of a previously registered and not dissolved marriage. The opportunity for a new relationship often arises when a person receives a new passport, which for some reason is not stamped with a marriage stamp. When registering, the registry office is obliged to request copies of certificates of divorce or death of the former spouse, but sometimes there are punctures. They further make it possible to declare a registered marriage invalid.
Not old enough to enter into a marriage union. The law provides for an 18-year threshold for marriage. In some situations, it is permissible to lower the specified age limit. But all the attendant circumstances allowing this to be done must be documented.
Union between close relatives. In this case, it does not matter whether the spouses knew about the existence of such a relationship. As soon as this information becomes known, a claim for annulment of the marriage must be filed. The same applies to marriages between adoptive parents and adopted children. They are only possible if the adoption is officially canceled.
Disability of one of the spouses due to mental disorder.
Hiding by one of the spouses of sexually transmitted diseases or HIV at the time of entering into a marriage union.

Experts point out that the list of signs that make it possible to annul a marriage is rather limited. It cannot be interpreted broadly and is exhausted only by the grounds provided for by the RF IC. Violations of the procedure for contracting a marriage (for example, waiting for less than the prescribed month before registration) are not such grounds, which was also confirmed by the Plenum of the Supreme Court of the Russian Federation in its decision of November 5, 1998.

Varieties of invalid marriages

As a matter of fact, there are only two types of such unions - directly invalid and fictitious. The signs of the first type are listed above. The indicators of the second include the absence of:

living together, if it is not supported by good reasons;
communication between husband and wife;
intimate relationships between them (which, in fact, is quite difficult to prove);
joint budget;
common property;
knowledge about the facts from the life of the other spouse.

The main distinguishing feature of a fictitious marriage is the purpose of its conclusion. Usually this is not at all creating a family, but obtaining a certain benefit.

These can be benefits and allowances from the state, evasion from service in the Armed Forces, acquisition of citizenship of a certain country, the opportunity to meet with a prisoner, a well-paid job, etc. In this case, there is no intention to lead a traditional married life.

How to invalidate a marriage

This is only possible by a court order. Recognition of marriage as such and its annulment is carried out only in court. But to apply there with an appropriate statement (Art.28 of the RF IC), depending on the reason for the cancellation, you have the right:

the prosecutor;
one of the spouses;
both husband and wife - by mutual agreement;
guardianship and guardianship authorities;
parents or guardians of the minor spouse;
the official guardian of the spouse who was previously declared incompetent by the court;
the spouse is still married, which was not officially dissolved before entering into a new union.

In principle, any citizens who believe that this marriage may harm them and violate their legal rights have such a right. For example, these may be potential heirs of a spouse who has been declared incapacitated due to a mental disorder. They have the right to demand a judicial investigation and the annulment of such a union so that their inheritance rights are respected.

How to fill out an application and prepare documents

You should apply to the district (city) court, which is located where the defendant lives or is registered. Such jurisdiction is not always convenient, since the defendant may be located on the other side of the country, many hundreds of kilometers from the plaintiff. However, these are the requirements of the law.

The application is submitted in person to the court secretariat or by mail (registered mail with notification). Its text is drawn up according to general rules. Indicate the full details of the court, the plaintiff and the defendant. Then they describe in detail the reasons for going to court and the circumstances of the case. It is necessary to tell in detail about the grounds that give the right to demand the annulment of the marriage union. In conclusion, the plaintiff must demand that it be declared invalid and that the corresponding civil status record be deleted.

A package of documents must be attached to the application in support of your position. Their set may be different - depending on the basis that is declared as the reason for the invalidity of the marriage union.

These can be medical certificates, court decisions (on recognizing the incapacity of a citizen), copies of marriage certificates - current and earlier, certificates of family composition and adoption, and other papers. In addition, you must attach a receipt for payment of the state duty. It is 300 rubles if there are no property claims.

One of the methods for ending a marriage is to invalidate it.

This process, in contrast, relieves former spouses of mutual obligations and rights in relation to each other.

Marital relations are regulated by the Family Code.

It spelled out clear grounds on which a registered marriage can be declared invalid.

Invalid marriage is an official term spelled out in articles 12-14, as well as part 3 of article 15 of the Family Code. It means an unlawfully entered into a matrimonial union that requires a compulsory dissolution. The invalidity of marriage is regulated by Article 27 of the Family Code of the Russian Federation.

Grounds and conditions for recognizing spousal relations unlawful

The Family Code provides for the rules by which marriage can be declared illegal.

These, according to Article 27 of the mentioned document, include:

People got married with no purpose to create a family ();
Relationships were registered forcibly, under the influence of deception and delusion;
Married - loved ones;
The spouses are adoptive parents and adopted children;
Both spouses (or one of them) did not reach when marriage was allowed, or did not receive early registration in accordance with the procedure established by law;
Both (or one of the spouses) are in a previously not divorced marriage;
At the time of marriage, one of the spouses hid from the other that he had sexually transmitted diseases or HIV;
Both (or one of the spouses) were declared incompetent by the court due to psychosis.

This list is exhaustive. No other reasons can serve as grounds for declaring the marriage relationship invalid.

The practice is that most often a marriage is invalidated because it is fictitious.

To do this, it is necessary to prove:

At the time of marriage, both (or one of the spouses) had no intention of creating;
After the registration of the marriage, the spouses were practically not connected by a common life and family relations.

Invalidity of marriage with a citizen of another state

The invalidation of a marriage concluded with a foreigner is regulated by Article 159 of the Family Code.

In the consideration of the case, the decisive role is played by the place of marriage:

If the registration was carried out on the territory of Russia within the framework of the current laws, then the question of the invalidity of family relations will be considered within the framework of the legislation of our country;
If the marriage is concluded abroad with the application of foreign legislation, then its invalidity is determined by the laws of the other country.

Who can demand that a marriage be invalidated?

The recognition of spousal relations as illegal is carried out through. As a rule, the spouse whose rights have been violated is contacted. If it is a question, relatives, guardians or a prosecutor can contact the representatives of the law.

So, in accordance with Article 28 of the Family Code, they can file a claim for recognition of a relationship as fictitious:

Appeals from other persons will not be considered by the court.

Procedure for recognizing a family as fictitious

To declare a marriage illegal, the following is provided:

Going to court (the defendant is the unscrupulous spouse)

To submit it, you will need the following documents:

Receipt of payment of state duty;
and the birth of common children;
Plaintiff's passport;
A statement of claim drawn up in free form with the requirement to dissolve the marriage and cancel the entry in the registry office, as well as documents confirming the invalidity of family relations.

Usually the courts do not delay the consideration of such claims.

Appointment of the date of the court session

During which the court examines all the circumstances of the case, listens to the opinion of the parties. If there is sufficient evidence that the marriage is fictitious, the claim will be upheld.

Really compelling reasons are needed as an evidence base. For example, the fact of separation is not due to a banal quarrel, but precisely due to the fact that one of the parties did not set the goal of marriage to create a family.

If the court is won, it means that the marriage was null and void from the moment of its conclusion. After that, within 3 days, the court sends it to the registry office that registered the marriage. Confirmation of divorce is a corresponding certificate issued by employees of the registry office.

A legal claim cannot be satisfied if at the time of the hearing:

One of the spouses has died;
The marriage has already been dissolved.

It is necessary to separately highlight cases of challenging the correctness of records, produced by employees. This is when a recording was made using falsified documents, without the knowledge or personal presence of one of the persons allegedly getting married. In this case, one cannot speak of a fact, respectively, and it is also impossible to recognize it as invalid.

It should be noted that in the course of the court session, the marriage can be recognized as valid. This is evidenced by Art. 29 of the Family Code. Such a decision is called the reorganization of the marriage. It is not obliged, but in the right to make the court.

This is appropriate when, on the date of consideration of the case, the circumstances that hinder the conclusion of marriage disappear:

Each spouse has reached the age at which marriage is permitted by law;
The husband and wife actually started a family;
Invalidation or termination of a previous marriage.

Reorganization is not possible under any circumstances if the family relationship is registered between:

Close relatives;
Guardian and guardian.

The Consequences of the Decision on the Invalidity of the Marriage

The recognition of a marriage as invalid from the date of its conclusion leads to the following:

According to clause 2 of article 30 of the Family Code of the Russian Federation, the marriage contract between spouses (if any) is invalidated, and its conditions are not legally binding;
The property acquired by a man and a woman during marriage is recognized as shared property, to which the norms of the Civil Code of the Russian Federation apply. This means that one of the former spouses can demand from the other in court the allocation of the share due to him in kind or in cash. In addition, the parties to the marriage can agree on the division of property.

When entering into a new union, former spouses may not indicate that they were previously in a fictitious marriage.

It should be noted that:

Recognition of a marriage as invalid does not prejudice the rights of children born in it.

A conscientious spouse has the right to:

To recognize partially or completely valid the marriage contract (if any);
Save the received in marriage;

To demand from the unscrupulous spouse compensation for the harm caused:

material and moral, as well as use when the rules apply to the shared property of the spouses;
Receive child support from your ex-spouse.

One of the spouses can be recognized as bona fide on the basis of clauses 4 and 5 of article 30 of the Family Code.

Unfortunately, it is not uncommon for people to marry without the goal of starting a family, but guided by other intentions. Having learned about this, the second spouse hurries to file for divorce, forgetting about a more profitable way to resolve the issue - recognizing family relations as invalid.

Recognition of a marriage as invalid is called the annulment of the marriage and all its legal consequences from the moment of its conclusion. The legal grounds for recognizing a marriage as invalid established by the IC are divided into the following groups:

1) violation of the conditions for contracting a marriage established by law;

2) lack of mutual voluntary consent to marry;

3) marriage of minors (minor);

4) the presence at the conclusion of a marriage of circumstances that impede its conclusion (Art. 14 SK);

5) the conclusion of a marriage by a person (persons) who are already (are) in another non-dissolved registered marriage;

6) marriage between close relatives;

7) the conclusion of marriage between persons who are in the relationship of the adoptive parent and the adopted child;

8) the conclusion of a marriage between a person (s) recognized by a court as legally incompetent due to a mental disorder;

9) concealment by one of the spouses from the other that he has a sexually transmitted disease or HIV infection;

10) fictitious marriage.

Family legislation does not establish any special proceedings for invalidation of marriage cases, therefore, the invalidation of a marriage is made by a court in civil proceedings (at the claim of eligible persons defined by Article 28 of the SK).

A marriage declared invalid by a court does not give rise to the rights and obligations of spouses, i.e., the consequence of the recognition of a marriage as invalid is the annulment of all legal consequences of marriage that have arisen from the moment of state registration of the marriage. The legal significance of declaring a marriage invalid is that this institution of family law:

Terminates the legal relationship between the spouses that arose as a result of state registration of marriage from the moment of its conclusion;

Returns spouses to the legal position that existed before the state registration of marriage;

It makes it possible to recognize a marriage that never existed;

Recognizes the marriage contract as invalid if it was concluded before the marriage was declared invalid, with all the ensuing consequences provided for by the Civil Code, on the general consequences of the invalidity of the transaction (each party is obliged to return everything received under the transaction, and if it is impossible to return it in kind, to refund its value in money ).

The invalidation of a marriage does not affect the rights of children born in such a marriage or within 300 days from the date of its invalidation. Their legal status is equal to the legal status of children born in a valid marriage. Relations with regard to property jointly acquired before the marriage was declared invalid is governed by the provisions of Art. 244-252 of the Civil Code on shared ownership, according to which the division of common property can be carried out: 1) by agreement of these persons; 2) by a court decision, which determines the procedure and conditions for the division, taking into account the contribution of each of them to the formation of this property.

A marriage is recognized as invalid only by a court in a claim procedure according to the rules established by civil procedural legislation. In the absence of a court decision, no one has the right to refer to the invalidity of the marriage, even if evidence of the illegality of its conclusion is presented.

A marriage is recognized as invalid not from the date the court decision enters into legal force, but from the date of its conclusion, that is, from the date of its state registration with the registry office. On the basis of a court decision on declaring the marriage invalid, which must be sent to the registry office within three days, the record of the marriage certificate (and, accordingly, the marriage certificate) is canceled and the marriage is considered non-existent. Persons in such a marriage lose all the rights and obligations of spouses, except in certain cases provided for by law (Art. 3 ° CK) in order to protect the rights of a bona fide spouse and children born in such a marriage.

Persons whose circle is defined in Art. 28 SK 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 outsiders from interfering in their family and private life. The plaintiffs in these cases are persons whose rights have been violated by the conclusion of this marriage (for example, only a spouse who has reached marriageable age - if a marriage entered into by him before this age is declared invalid), as well as a guardianship and trusteeship body and a prosecutor defending both rights of citizens and state interests (for example, a prosecutor - when a fictitious marriage is declared invalid, when both spouses entered into marriage without the intention to start a family).

When accepting the statement of claim, the judge finds out on what grounds the validity of the marriage is disputed (clause 1 of Art. 27 SK) and whether the plaintiff belongs to the category of persons who, by virtue of Art. 28 SK has the right to initiate the issue of declaring a marriage invalid on this very ground. Regardless of who brought a claim to invalidate a marriage concluded with a person who has not reached the marriageable age, as well as with a person recognized by the court as legally incompetent, the court is obliged to involve a guardianship and trusteeship body in the case, which, in accordance with civil law (Art. . 31, 34 GK) carries out the functions of protecting the rights of incapacitated and minors.

Disputes over the recognition of a marriage as invalid should be distinguished from cases of challenging 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 forged documents, in the absence of one of the parties to the marriage, although he submitted an application for registration of the marriage. With such a conclusion of marriage, there is no such thing, and the made act of entry on its conclusion is annulled on the basis of the corresponding decision of the court.

In judicial practice, invalidation of a marriage is fundamentally different from a divorce proceedings. This can only happen in court - regardless of the wishes of the married couple.

A legal case on this issue involves the preparation and filing of a statement of claim, collection of evidentiary facts, payment of fees, etc.

Grounds, signs of invalidity and fictitiousness of marriage

Unlike the divorce procedure, invalidation of a marriage takes much more days, hassle and knowledge, and therefore, usually, you cannot do without the help of a lawyer.

The whole range of grounds is in Article 27, Clause 1 of the Family Code of Russia.

The reason for opening a case on declaring a marriage invalid may be the following:

One of the married couple was once married., but at the time of registration of the next marriage, the dissolution of the previous one did not happen. The family legislation of Russia proclaims the principle of monogamy - it allows a person to simultaneously be exclusively in only one marriage, which was registered in the prescribed form. Otherwise, the judge has every right to decide to declare the second (subsequent) marriage illegal.
Young people (or one of them) under the age of 18... Residents of Russia can sign at the age of 16, and even at 14, but this requires permission from the local administration. In some regions of the Russian Federation, permission for early marriage is signed by the governor. Generally, pregnancy is the reason for consent. If the persons, by providing false information about their age, nevertheless signed, their marriage may be invalidated. Officials of the registry office who have exceeded their authority can also be involved in a marriage scam.
Family ties were tied by persons, one of whom (or both) was incapacitated due to mental disorders(there must be a medical report). To bind oneself by marriage, a person must consciously give his consent to this. A mentally ill person cannot do this, and therefore, the recognition of a marriage as invalid in such a situation relies on a forensic psychological and psychiatric examination. The marriage is annulled at the request of the recovered person. In the same way, if this person wants, he can ask the court to preserve the marriage union.
The painting was done between relatives, or between the adoptive parent and the adopted child. In the latter case, referring to the Family Code of the country, one can understand that the relationship between the adoptive parent and the adopted child is equal to the relationship between parent and child. Although marriage contracts between relatives are formalized, they are very rarely and unequivocally annulled by the court.
By signing papers for marriage, the lady hid that she was sick a sexually transmitted disease - or that she is HIV-infected. Such acts are illegal and are considered under a criminal article. It is important to understand here that the cases of invalidation of marriage in this situation are based precisely on the fact that the person resorted to deception, thereby endangering the life and health of the partner. The very presence of an ailment is not a fundamental factor for the annulment of a marriage relationship.
The spouses did not agree mutually... Simply put, one of the spouses signed due to duress, delusion, being deceived, drunk, sick, etc. In fact, the court is not so important the reason why a person got married (got married) to a disagreeing person, how important is the very fact of violation of the condition of voluntariness, which the Family Code of our country speaks of.
The marriage agreement is bogus... This means that the spouses did not initially intend to start a family. People often marry in pursuit of the goal of obtaining the right to meters in an apartment, to pension payments, to the property of a spouse, etc. The court equates a fictitious marriage with an imaginary transaction, and therefore - can annul it. It also happens that between people, despite their initial intentions, a desire arose to become a real family. Then their marriage may well be valid.

A fictitious marriage must be distinguished from a failed one, and from a marriage of convenience. The latter is fixed with the aim of creating a family. It assumes not only that a person will benefit, but will also fulfill marital duties and rights prescribed by law. A failed marriage is not legally recognized, because the registration procedure itself was fundamentally wrong.

It happens that people, going to court, indicate several reasons at once for declaring a marriage invalid.

But even one of the above reasons is a reason to appeal to the judiciary.

Persons who have the right to demand that a marriage be declared invalid

Can any citizen go to court to invalidate a marriage? In this moment, the most important thing is the foundation (see above), on the basis of which the recognition of marriage as non-existent will be built.

The family union took place with a man who has not yet celebrated his 18th birthday. There are two options here: 1) at the time of signing the application, the spouse has not reached marriageable age; 2) the claim is made by the spouse after he reaches marriageable age. In the first option, the prosecutor, the minor spouse, his mother, father or guardians, as well as employees of the guardianship and guardianship authorities, have the right to file a claim. In the second case, only the spouse filing the claim can ask the court for help.
There was no voluntary consent. Only the prosecutor, or the husband (wife), whose rights were not respected, can bring to the court a statement with a request to declare the marriage invalid.
Circumstances were discovered that made marriage illegal. Here, the servants of Themis can be contacted by: a prosecutor who is unaware of the circumstances of the spouse, the administration of the guardianship and guardianship authorities, guardians of the offended spouse, as well as third parties whose rights are affected by the conclusion of this marriage.
There was a fact of concealment of the disease - only the defrauded spouse can file a claim.
A fictitious marriage was concluded - the claims have the right to be presented by the prosecutor and the spouse who did not know that this marriage was fictitious.

How a marriage is recognized as invalid or fictitious - a step-by-step procedure and court practice

The invalidation of a marriage has a specific procedure.

Need to determine the basis(or several) to annul the marriage - and collect all the necessary evidence. This may be testimony from witnesses that the married couple does not live together, does not communicate, people do not help each other financially, etc. We must not forget that the main sign of an invalid or fictitious marriage is the lack of intention to start a family. And you also need to understand that the circumstance when a husband and wife live separately cannot be the only fundamental factor for opening a case on recognizing a marriage as invalid.
A statement of claim is drawn up, in which the second spouse is indicated by the defendant, and there is also information about the third person - the registry office in which the marriage was formalized. The application document must contain a request to annul not only the marriage union, but also the entry in the registration book located in the registry office. It is quite difficult to draw up a statement correctly on your own, so it is better to resort to the help of a lawyer. An incorrectly drawn up statement will not be accepted in court.
Going to court... The application must be supplemented with the appropriate papers: a marriage certificate, a check for payment of state duty, 3 copies of the statement of claim (for third parties, for the defendant and a spare), documents with information confirming the invalidity or fictitiousness of the marriage.
Statement of claim with the documents attached to it is submitted to the court at the place of residence of the defendant.

It is best for the person who submitted the application to be present at all court sessions in order to have a direct opportunity to influence the course of the case.

The last step in the procedure for declaring a marriage invalid (fictitious) is to get your hands on a court decision.

The term for invalidating a marriage - no more than two months. Holding the decision of the court, the plaintiff can file an appeal within 30 days.

No complaint filed? Then the court decision comes into legal force.

By simple calculations, you can see that the general term for the invalidation of a marriage by the prosecutor is 3 months after the plaintiff submits the application paper.

What is the difference between dissolving a marriage and declaring it invalid?

Clause 4 of Art. 27 of the RF IC states that a marriage is considered invalid not from the moment when the court ruled on the invalidity of the marriage union, but from the date of registration of this marriage, in other words, from the day of the wedding.

Limitation period for invalidation of marriage

Legal consequences for the parties if the court declares the marriage invalid or fictitious

The most important feature that distinguishes an invalid marriage from an terminated one is that in the first case, all rights and obligations of a man and a woman are canceled from the moment of registration, and in case of divorce, they are canceled from the date of dissolution of the marriage.

The provisions of the Family Code of the Russian Federation highlight the following consequences of declaring a marriage invalid:

Canceled marriage contract.
Spouses live further under their premarital names.
Canceled all rights to pension benefits granted in the event of the loss of a breadwinner, as well as to receive support from the husband (wife).
Residence in the apartment (house) of the partner becomes illegal.
Canceled the right to inherit property after the funeral of the second spouse.
Joint ownership regime the spouses are losing their power.

Invalidation of a marriage is a procedure that “annuls” the status of spouses (that is, it turns out that they have never been legally married).

Accordingly, there is no common joint property, there are no mutual rights and maintenance obligations. The grounds are indicated in Art. 27 of the RF IC (+ Articles 12-14 and paragraph 3 of Article 15), also important points are spelled out in judicial practice.

In the instructions, we will figure out step by step how a marriage is invalidated, what consequences it entails for the parties and their loved ones, how long the procedure takes, what documents must be provided.

In paragraph 4 of Art. 27 SK indicates that marriage is invalidated from the date of its conclusion. He seemed not to exist at all.

You cannot contact the registry office or enter into an invalidity agreement. Such cases are resolved ONLY THROUGH THE COURT.

You need to draw up a statement of claim, wait for the meeting, attach documents. Within 3 days from the date of entry into force, the court decision is sent to the registry office. There they make an appropriate note.

Grounds for declaring a marriage invalid

They are prescribed in Art. 27, 28 of the Family Code + there is a reference to Art. 10, 12, 13, 15 SC. Below we will analyze the legal subtleties and main points.

Grounds for declaring a marriage invalid	Examples, order, features	Who can demand "annulment" in court (Art. 28 UK)?
Lack of voluntary consent on the part of a man and a woman (part 1 of article 12).	It concerns not only "marriages of blackmail or duress". There are much more grounds (as evidenced by judicial practice). For example, a marriage is "annulled" if the person was insane at the time of the marriage. In practice, there are cases concerning "inheritance cases", when the "grandmother" married a 30-year-old gigolo, and he then claimed part of the property as a "legal spouse." Or in a situation where parents "negotiate" about the future wedding of their children, when the kids are literally 7-10 years old... Situations are common in regions where Muslims live. There have been situations with foreign citizens who fictitiously married and then demanded the "annulment" of the marriage. The reason sounded like, “I don't understand your language. I didn't know I was getting married. The translator didn't say anything! " It looks funny, but in fact there is a legitimate reason - the lack of voluntary consent.	Spouse. Prosecutor.
Failure to reach marriageable age (part 1 of article 12 of the RF IC).	The standard age for getting married and getting married is 18 years. Under emancipation and other circumstances, it can be reduced to 16 years. In exceptional cases - up to 14 or even 12 years. The decrease in the marriageable age is confirmed by a certificate. If there is no document, the marriage can be "annulled". A separate issue is marriages with foreigners... If a believer has reached the age of 18, this does not mean that he can get married! If in his country the marriageable age is 20 years, then your marriage may be invalidated.	Minor spouse. Parents (or persons replacing them). Guardianship and Trusteeship Authority (PLO). Prosecutor.
The person is already in a registered marriage (clause 2 of article 14 of the RF IC).	For example, you got married on January 25, 2019, and on January 26, a man received a divorce certificate. It turns out that at the time of the wedding he was still married. There are reasons to claim invalidity. As a rule, registry offices try to exclude such circumstances, therefore they always require a certificate of divorce or the death of a spouse. Polygamy is prohibited in Russia!	Spouse. Prosecutor. Spouse in a previous unbroken marriage.
The union was concluded between close relatives (clause 3, article 14 of the RF IC).	In this case, it does not matter whether the person knew about a close relationship. Truth. In judicial practice, such situations are rare. Relationships formalized between parents and children, as well as grandparents and grandchildren are "canceled")... Marriages between full and half brothers and sisters (i.e., having a common father or mother) are declared invalid.	Spouse. Prosecutor. Other persons whose rights are violated by marriage.
The adoptive parents and the adopted children entered into marital relations (clause 4 of article 14 of the RF IC).	Such relationships are prohibited because they contradict moral norms and legal requirements.	Spouse. Prosecutor. Other persons whose rights are violated by marriage.
The marriage was concluded between persons, 1 of whom was declared incompetent by the court due to a mental disorder.	The situation often occurs in practice, when the inheritance “emerges”, and “the new spouse claims to be part of it. Accordingly, relatives go to court to invalidate the marriage and keep large shares in the inheritance. The problem is that you can only be recognized as incompetent by court. You may have 100,500 witnesses who say: “My grandfather has lost his mind for a long time!”, There may be dozens of certificates from dispensaries ... But until there is a court decision, “crazy grandfather” is considered sane. Accordingly, it is impossible to cancel his deals and marriages.	Spouse. Prosecutor. The guardian of the incapacitated spouse. Other persons whose rights are violated by marriage. Guardianship and trusteeship body.
The person entering into marriage was hiding a sexually transmitted disease or HIV (clause 3, article 15 of the RF IC).	In Art. 15 of the RF IC indicates that spouses at their own request can be examined by doctors (for reproductive health, deviations, anomalies). If someone is hiding an STD, then the second spouse has the right to go to court with a claim to invalidate the marriage.... Please note that only the wife / husband has the right! Not from doctors, not from the prosecutor, not from the social protection authorities!	Spouse.
A fictitious marriage was concluded (Article 27 of the RF IC).	He confesses if people had no intention of starting a family. A typical example is a wedding to obtain citizenship or a residence permit. In this case, the conditions for invalidating a marriage with foreign citizens are simple: there is no intention to start a family - there is no marriage either.	Spouse. Prosecutor.

Before declaring a marriage invalid, you must understand how legal consequences differ from dissolution.

There are situations when people go to court with a request for annulment, although they must file for termination (and vice versa).

You must sit down and clearly understand what awaits you in the future, whether it is worth messing around with litigation, what features need to be taken into account.

Divorce (dissolution) is a purely personal matter, and only spouses can submit documents. The situation with the annulment is different: the guardianship authorities, relatives, parents, the prosecutor can apply to the court.

But this is not the only difference:

Criterion for comparison	Divorce (termination)	Cancellation
Base	Formally - any (did not agree with the characters, began to drink, beats, earns little).	Only those that are specified in the legislation (minority, fictitiousness, incapacity and others).
Fate of property	It is recognized as common joint property (if there was no marriage contract). Accordingly, it is divided 50/50.	Becomes a common shared property. As a rule, the principle operates: "To whom the property is recorded, that gets it ...". Those. there is no question of any 50/50 split.
The fate of underage children	The rights of children and parents are preserved. Those. the persons registered by the father and mother must support the kids, pay alimony, take care, and so on.
Future status	The divorce document is weighty. It is applied to a claim for alimony, brought with them when entering into another marriage, and so on. There was a union, but it just fell apart.	It is believed that there was no marriage. When re-entering a spousal relationship, it is not even necessary to provide documents and talk about the past annulment. The marriage is declared invalid from the date of its conclusion. There was no union at all.
Order	It can be carried out both through the court and through the registry office.	Only in court.

Violation of legal procedures when registering a marriage is NOT a reason for its cancellation.

For example, you should have been issued a certificate on the same day, but for some reason it did not work out. The circumstance does not mean automatic annulment of the marriage!

You have studied the legislation and have definitely decided that you will demand annulment (invalidation) in court.

We start simple - getting ready to file a lawsuit. The application will have the title "On invalidation of marriage".

In it you indicate your full name, date of birth, address of residence, contact information, information about the defendant (second spouse), grounds and other nuances. The statement of claim itself takes just 1-2 pages.

It is much more difficult when counterclaims are filed (yes, the other half can provide evidence that there is no basis for "annulment").

Usually, in addition to the statement “On declaring the marriage invalid,” there is a claim for the division of property.

To defend your interests (both as a plaintiff and as a defendant), it is better to turn to experienced lawyers.

In the document, you indicate the reasons and grounds that you found (of course, in accordance with family law).

Recognize the marriage concluded between Ivan Ivanov and Petrova Galina Sergeevna on August 18, 2018 by the OZAGS of the Primorsky District of Khabarovsk, invalid.
To cancel the act entry No. 292823849392819 made by OZAGS.

Attached to the claim are:

The specified list of documents is not exhaustive. It all depends on the grounds on which you want to achieve the invalidation of the marriage.

For example, you may need:

There are situations when the court can refuse. For example, you are an offended relative whose “grandfather” has gone mad and married a young lady. You cannot go to court to declare the marriage invalid because of the grandfather's incapacity.

You will first have to draw up a claim to declare him incapacitated, wait for the court session, the decision, and its entry into legal force (i.e. 3-4 months).

When you have a decree on hand, you can demand the "abolition of marriage."

You can do everything in person or via mail. The claim is filed by the plaintiff in the district court at the place of residence of the defendant (or at the place of registration).

For example, you are from Moscow, and your spouse is from Khabarovka (by registration). We'll have to send documents to Khabarovsk.

State fee - 300 rubles. (Clause 3, Clause 1, Article 333.19 of the Tax Code of the Russian Federation). It is paid before filing a claim in court. Further, the court sends copies of the materials with the claim to the defendant along with information about the date of the meeting.

In Art. 29 of the RF IC lists the circumstances that eliminate the invalidity of the marriage.

You should study well when to invalidate. Otherwise, you will simply waste your time and money.

Please note that a preliminary hearing is being held in accordance with the norms of the Code of Civil Procedure of the Russian Federation. If there are no grounds or documents, the court “wraps up” the claim.

At this stage, you can face objections from the other party or counterclaims.

At the appointed time, you appear in court, where your questions are being decided. Judicial practice is such that cases are considered formally.

Unfortunately, law enforcement officers are busy, so they cannot sit and study your case for days.

You yourself must ensure that the evidence base is as complete as possible (witnesses, documents, copies, and much more). You can hire a lawyer to appear in court and to represent your interests.

The decision is made in the courtroom. It takes 10 days for it to take effect... After that, within 3 days, the court sends the documents to the registry office, where changes are made to the civil registration.

Once again, we draw your attention to the fact that the marriage is declared invalid NOT from the moment the decision comes into force, but FROM THE MOMENT OF THE MARRIAGE.

Judicial practice shows that the main body is disputes with foreigners and the recognition of relatives as incompetent (with the annulment of the marriage).

Children from an invalidated marriage retain all parental communication, content, and so on. As with termination, their interests come to the fore.

It turns out that they are equated with the rights of children born in marriage (according to clause 3 of Art. 30 of the RF IC). Interestingly, the legislation protects both children already born and those who have appeared within 300 days from the date the marriage was declared invalid).

Now you know everything about how to invalidate a marriage, in what cases it is done, on what grounds, in what order. Analyze the situation carefully and consider whether it is worth going to court. Good luck.