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How to properly file a claim for recognition of marriage as invalid? Recognition of a marriage as invalid A claim for recognition of a marriage as fictitious.

Marriages that have been registered in violation of the provisions of articles 12 to 15 of the Family Code may be recognized in judicial order fictitious. To do this, you need to file a claim for recognition of the marriage as invalid.

Often in judicial practice one has to deal with the recognition of marriages as invalid. This concept is significantly different from divorce. Recognition of a marriage as fictitious entails the annulment of all transactions that were made during the period of its existence. The termination of such a union entails the termination of all legal consequences.

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Who can file a claim and on what grounds

Sometimes former spouses It is more profitable to declare a marriage invalid than to file a divorce. In this case, the right to other aspects does not arise. But the right to sue for recognition of the marriage as invalid can only arise if the clauses were violated during the registration of the marriage.

Based on the norms of the current legislation, it is possible to file a claim for recognition of a marriage as invalid on the following grounds:

  1. If there was no voluntary consent of the parties who entered into marriage.
  2. The age of legal marriage has not been reached.
  3. One of the parties was previously married, while this marriage was not dissolved.
  4. During the registration of marriage, one of the parties was declared legally incompetent.
  5. The marriage was fictitious, its purpose was not to create a family.
  6. One of the parties hid information about HIV infection.
  7. The marriage was registered between relatives.

Any fact confirming that the marriage was entered into without the voluntary act of one of the spouses will prove the invalidity of this union.

A union can only be declared invalid by a court order. The initiator of the application can be not only spouses, but also other interested persons. When entering into a marriage by minors, an application can be accepted:

  1. From the mother and father of the party of marriage who is under 18 years of age.
  2. From the prosecutor.
  3. From representatives of social protection.

If a fictitious marriage was concluded between citizens who had previously married and the previous union was not dissolved, or one party was declared incompetent, then the following may act as an interested party:

  • guardian;
  • spouse or spouse from first marriage;
  • prosecutor;
  • any citizen or organization that has suffered from the conclusion of this marriage.

Marriage for the purpose of obtaining citizenship, taking possession of property may be recognized as fictitious. In this case, the applicant has the right to act as any party whose interests were affected.

Jurisdiction

According to the Civil Procedure Code Russian Federationclaims for recognition of marriage as invalid are considered by district courts. The claim is filed at the place of residence of the defendant. Before filing an application, the plaintiff must pay a state fee in the amount of 300 rubles.

The concept of limitation period does not apply to claims for recognition of a marriage as fictitious. The only exception in this case will be that one of the parties concealed the presence of HIV infection or sexually transmitted diseases. In this case, the injured party is given one year to file an application after it became aware of this information.

How to file a claim for annulment of a marriage

To file a claim, you will need to prepare:

  1. Marriage certificate.
  2. Payment receipt.
  3. Evidence confirming the fictitious marriage.
  4. The application can be submitted to the office, or it can be sent by mail.

Sample 2019

Statement of claim should consist of the following parts:

  • the header indicates the name of the court, the defendant and the registry office in which the marriage was registered;
  • in the text part of the document, it is necessary to describe in detail when and under what circumstances the registration was carried out; indicate how the fraud became known.
  • evidence must be provided in the application.

.

Objection

The other party of the marriage, which was deceived and suffered damage, has the right to file with the requirements that were inflicted on her in connection with the deceit.

In addition, the defendant himself may file a counterclaim if he has evidence of the falsity of the accusations against him. Most often this happens if the plaintiff does not have full information, or the circumstances of the case have changed.

For example: The previous marriage was annulled, but the defendant did not inform anyone about this. Or in the case when the defendant is accused of concealing information about HIV infection. can be filed if he can prove that he himself did not know about the disease. The main condition for filing a counterclaim is a change in the conditions at the time of the consideration of the case in court.

Court decision and legal consequences

When making a decision, the court will take into account the following factors:

  • duration of marriage;
  • the presence of children;
  • evidence of grounds for filing a claim.

If the court makes a positive decision, it is sent to the registry office where the marriage took place. In accordance with the registry office, he makes notes in the marriage record.

All property acquired in the marriage, is divided on the basis of shared ownership, if funds were invested by both spouses. If property, real estate was acquired on the income of one person, then the property will belong to him alone. If a marriage contract was drawn up between the spouses, it is recognized as invalid.

Important! If the spouses had children, the recognition of the marriage as invalid does not affect them. They are entitled to.

The court may refuse to satisfy the claim in the following cases:

  1. If the minor party to the marriage is over 18 at the time of filing the claim.
  2. The incapacity of a spouse has been abolished.
  3. The first marriage was dissolved through the court, but the procedure for dissolution through the registry office was not carried out.
  4. If the parties initially entered into a fictitious marriage, but later created a family and live together, they conduct a joint household.

Arbitrage practice

Example #1:

Two young people turned to the registry office to register the marriage and establish the paternity of the joint child. The marriage was registered by the registry office, since there were no marks in the passports about previous relationships. Later, citizen Mukhamedov A. applied to the district court. He stated that since 2014 he has been in a marriage relationship with citizen Makarova P.V. The marriage was not annulled.

When considering this case, citizen Makarova P.The. reported that the first marriage was fictitious. She married a foreigner who needed citizenship. However, she believed that such a marriage does not carry legal force.

The court ruled:

  • The second marriage of citizen Makarova V.P. declare invalid.
  • Cancel the record of establishing paternity, since, in accordance with the Family Code, a citizen who is officially married to his mother is considered the father of a child.
  • At the same time, the second spouse has the opportunity to file a claim with the district court to recognize himself as the father of the child.

Sample statement of claim for the recognition of a fictitious marriage invalid, taking into account recent changes Russian legislation.

Fictitious marriages is the scourge of modern society. The presence of a registered marriage in certain cases implies benefits, especially for citizens who do not have Russian citizenship. However, the fact that the spouse has Russian citizenship is not a reason to calm down. Since some Russians also marry, obviously not seeking to create a family.

Therefore, if you are faced with such a situation, then the marriage is quite simply annulled in court. To do this, you must write an appropriate statement of claim, a sample of which is presented below.

It must be remembered that in addition to a marriage certificate, a normal marriage should have several more signs. And in their absence, we can say that in fact there are no marriage relations.

As a rule, the court pays attention to the following points:

1. Whether the spouses live together;

2. Do the spouses have joint children;

3. Do they run a joint household.

The presence of at least one of the signs of marital relations will significantly complicate the procedure for recognizing a marriage as fictitious, since, from the point of view of established practice, such a marriage has the right to life.

Therefore, when writing a statement of claim on the three listed circumstances, it is necessary to focus on and describe these issues in more detail, based on the actual situation.

If the absence of all three signs of an ordinary marriage is obvious, then the process of recognizing the marriage as invalid is largely a formality.

As for filing a claim, it is of a non-property nature, and therefore the price of a claim for such situations is not determined. The state duty is calculated according to the general rules and amounts to 200 rubles. Cases on recognition of marriage as invalid are considered by district courts at the place of residence of the defendant.

IN_______________________________________
(Court name, address)

Claimant _________________________________
(name, phone, address)

Respondent ________________________________
(name, phone, address)

The price of the claim __________ rub. ____ kop.

State duty __________ rub. ____ kop.

Statement of claim

on the recognition of a fictitious marriage invalid

With "___" "_________" 20__, I, ______________________ (full name of the plaintiff) am legally married to ______________________ (full name of the defendant), who is registered by the registry office, as evidenced by _______________ (specify details documentation).

However, since the moment I got married, I have not run a joint household with the defendant, we have no common children. I live separately from the defendant.

After registering the marriage, I became aware that the defendant did not intend to start a family, but entered into marriage for the purpose of ______________________ (indicate the actual motives for marriage, for example, obtain citizenship of the Russian Federation on a preferential basis, register at the place of residence, etc.), thereby violated my family rights.

According to paragraph 1 of Article 27 of the Family Code of the Russian Federation, a marriage registered by one or both spouses without the intention of starting a family is fictitious.

In view of the foregoing, guided by articles 75 of the Federal Law "On acts of civil status", 27 of the Family, 131, 132 of the Civil Procedure Code of the Russian Federation,

ASK:

1. Recognize the marriage concluded between me and __________________ (full name of the defendant) as invalid.

2. Oblige ___________________ (name of the registry office that registered the marriage) to cancel the act record No. ____________ dated "___" "________" 20__.

Applications:

1. Copy of the statement of claim;

2. Copy of marriage certificate;

3. Receipt of payment of the state duty;

4. Documents confirming the defendant's lack of intention to start a family;

5. Other documents confirming the plaintiff's arguments.

"___" "________" 20__ ________________ (signature)

(8745 downloads)

A marital union concluded in the registry office can be recognized through the court and annulled on the basis of a statement of claim drawn up by one of the failed spouses. There are situations when citizens get married and become spouses who do not have the right to do so and somehow bypassed or violated family law, ignoring its requirements.

The Russian Family Code establishes that a marriage union has as its ultimate goal the formation of a family and the birth of children. Therefore, entering into a marital union without such an intention to create a family means the fictitiousness of the marriage. In addition, other grounds are possible, in addition to the fictitious marriage, when the law allows the recognition of the concluded union as invalid.

In order to file a claim with the court for the recognition of a registered marriage as invalid, the applicant must prove the existence of the relevant grounds indicated in the law:

1. Violations of the established rules of marriage by spouses:

  • not reaching by one of the spouses (both spouses) the established age at which registration of family relations is allowed;
  • without the mutual consent of the spouses or in violation of the will of one spouse;
  • established presence of a previous, not yet dissolved marriage with a third party;
  • incapacity of one spouse recognized in court due to a mental disorder;
  • registration of marriage between adopted children and adoptive parents;
  • the presence of close family blood ties between those who have married;
  • concealment by one spouse from the other of the fact of the presence of HIV infection or a sexually transmitted disease;

2. The fictitiousness of a registered marriage, concluded without the obligatory intention of forming a family.

The plaintiff initiating the recognition of a registered marriage as invalid must be a bona fide party, or a legal representative of a minor spouse, or guardianship authorities (if one spouse has not reached the age of majority), or a prosecutor, or a spouse from a previous undissolved marriage, or any other interested person declaring in a claim for infringement of rights by this marriage union.

For example, heirs or creditors can act as such third parties if there is evidence confirming the invalidity of the marriage.

It is possible to demand an annulment of a marriage in certain situations even after the divorce of the failed spouses. Filing a statement of claim with the court office is allowed at any time. This right of the interested person is not limited. An exception to this rule is such a ground for annulment of marriage as concealment from the second spouse of a sexually transmitted disease or HIV infection.

Claims for the annulment of the marriage union in the latter case are possible only within a year from the moment the spouse learned about the presence of the named diseases in the second spouse. If the time limit has expired, the cheated spouse loses the right to ask the judge to annul his marriage on that basis.

Since it is rather difficult to prove the fictitious marriage, the plaintiff needs to prepare sufficient evidence of the absence of a family in advance. Such evidence, for example, may be the lack of communication between spouses, their separation without good reasons, their lack of a common budget and marital property, and other similar evidence.

The suit for the annulment of marriage is within the jurisdiction of the district courts at the place of residence of the respondent spouse. The plaintiff must pay before filing a claim, provided for applications for non-property disputes.

Below is an exemplary sample of a statement of claim, drawn up taking into account the norms of Russian family and civil procedural legislation.

IN__________________________________

(name of court)

Plaintiff ______________________________

Respondent ____________________________

STATEMENT OF CLAIM

on the annulment of marriage

The marriage of the Plaintiff __________________ (name of the Claimant) and the Respondent _________ (name of the Defendant) was registered on "___" _________ ____ in ____________ (name of the registry office), which is confirmed by the registration record No. ____ (number and date of the act record). However, since “___” _____________, our family relations with the Respondent were actually terminated, the family was not actually created by us, we do not have common children with the Respondent.

After registering the marriage, I discovered the following circumstances: ___________________________________ (indicate specific grounds confirming the fictitious marriage - for example, the Respondent's lack of intention to start a family, or the reasons for the invalidity of the marriage - due to age, incapacity, lack of consent, the presence of family relations, and other grounds ).
This marriage with the defendant violates my rights ______________________ (indicate what exactly the violation of the rights of the Claimant consists of).

Based on the foregoing, based on articles 131-132 of the Russian Civil Procedure Code

1) To recognize our marriage with the Respondent ________________ (respondent's full name), registered ____________________ (name of the registry office, date and number of the relevant act record) invalid.

2) Cancel the registration record No. _____ dated "___" _____________, which was drawn up by __________________ (name of the registry office).

"____" ______________ ______ (Date) _____________________________ (Plaintiff's signature)

Application:
1. receipt of payment of the fee (or a petition to the court for exemption, or installment plan, or a reduction in the amount of the fee);
2. copy of the statement of claim;
3. the original marriage certificate of the Claimant and the Respondent (or a copy of the completed marriage record);
4. Evidence supporting the Plaintiff's stated arguments about the existence of a fictitious marriage.

A petition for annulment of marriage and a petition for divorce are very different. Thus, the first makes it possible, from a legal point of view, to annul and prevent adverse consequences for the parties who have entered into a marriage alliance. And in some situations, such a procedure is more profitable than a standard divorce, because. it is not necessary 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 met, which are regulated by the Russian Investigative Committee (articles No. 12,13,14 in parts No. 3, as well as No. 15).

About 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 duty lawyer of the portal through 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 recognition of a marriage as invalid only in the following cases:

  • in the absence of the voluntary consent of the parties to the marriage;
  • not reaching the appropriate age for concluding a formal union;
  • in the presence of a previous marriage that was not dissolved in accordance with the current law;
  • if soybean is registered between related parties, incl. marriage between the adopted person and his guardian;
  • when signing the consent to the union, the defendant is recognized by the court as incompetent;
  • 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 the actions. Such an established fact bears the name "Vice of the will."

The nuances of the judicial order

The invalidity of a marriage can only be proved in court. Therefore, you will need to write a 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 (a) has the right to protect his interests. Yes, in family law there is no such period. The only exception is those situations that are regulated by article No. 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 other one found out about it, she has the right to file an appropriate claim to invalidate it. To find out for which 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?

The statement of claim for the recognition of the marriage as invalid shall be sent by either of the parties. Only after that, the procedure for the trial of the case in the judicial authority begins. By the way, there are a number of people besides the husband and wife who have the right to send such a request. So, if the procedure is related to marriage minor child, then the claim may be directed to:

  • directly the child himself, who entered into 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” when entering into a marriage, or there are facts indicating that the union is fictitious, a lawsuit may be filed by prosecutors, a husband or wife.

If the marriage was signed in the presence of the first union, the divorce of which was made incorrectly, or the second half is incapacitated, then the claim is filed by relatives, as well as:

  • 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;
  • prosecutors.

You can fill out the form yourself or by contacting the specialists of the portal, who will give an exhaustive consultation free of charge.

In addition to the claim, you need to collect a package of documentation of the following nature:

  • documentation certifying 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 declaring the marriage invalid.

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 No. 28 of the Code of Civil Procedure of Russia.

How does the court recognize the invalidity of a marriage?

Judgment will be issued only after the case has been 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 the decision is made, it enters 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 for which this marriage can be saved are established, or the grounds for its dissolution have been eliminated.

These circumstances may be:

  • one of the parties at the time of filing the claim has reached the age of 18 years;
  • the presence of the documentary consent of the party to stay in the marriage union;
  • the first marriage was dissolved through the court;
  • upon cancellation of adoption;
  • the court found one of the parties capable;
  • after the fictitious union was concluded, a full-fledged unit of society was formed.

The above circumstances are given in short form, because. judicial practice contains an impressive list in which the court has the right to refuse a claim.

What are the consequences of annulment of a marriage union?

If the court is able to recognize that the marriage union is invalid, then in this case the return of legal relations begins before the moment the marriage was registered. In this case, jointly acquired property is subject to division:

  • by 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 regulated by the civil rights in force on the territory of Russia.

Valery Isaev

Valery Isaev graduated from the Moscow State Law Institute. Over the years of work in the legal field, he has handled many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.



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