A marriage is declared invalid by a court. How to invalidate a marriage - conditions, procedure and consequences of invalidating a marriage

30.09.202027.05.2017

One of the grounds for declaring a marriage invalid is violation of the conditions of its conclusion. Those. marriages:

2. Divorce and invalidation of marriage. Fictitious marriage: differences

Violation of any of these conditions may result in the marriage being declared invalid, not to mention their combination. The legal consequences associated with declaring a marriage invalid are not aggravated in this case.

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1. The legal capacity of a citizen arises:

1. Upon reaching the age of majority.

2. From the moment of registration of the birth certificate.

3. At the moment of birth.

4.at the time of acquiring the name;

2. Civil capacity arises in full for a citizen who has achieved:

3. In case of marriage before reaching the age of majority, this citizen acquires full legal capacity:

1.from the time of marriage;

2.from the moment of reaching adulthood;

3.from the moment determined by the guardianship and trusteeship authority;

4.from the birth of the first child;

4. When recognizing the marriage of a minor citizen as invalid:

1. the court is obliged to deprive a citizen of acquired legal capacity;

2. acquired full legal capacity is retained;

3. the court may decide to deprive a citizen of acquired legal capacity;

4. the court is obliged to make a decision on emancipation;

5. Failure to comply with the conditions and procedure for limiting the legal capacity of citizens established by law entails invalidity:

1. transactions made by a minor with the written consent of the parents;

2.deposit made to a credit institution;

3. act of the body establishing the corresponding restriction;

4.transactions made by the guardian of a minor;

6. A minor aged 14 to 18 years old may be limited or deprived of the right to independently manage his or her income if there are sufficient grounds:

1.guardianship and trusteeship authority;

2.administration of the enterprise where the minor works or studies;

4.legal representatives;

7. For minors under 14 years of age (minors), transactions, with the exception of those specified in clause 2 of Article 28 of the Civil Code of the Russian Federation, may be carried out on their behalf by:

1. trustees with the consent of the guardianship and trusteeship authority;

2.parents, adoptive parents, guardians;

3.parents, other close relatives;

4.parents with the permission of the guardianship and trusteeship authority;

8.Minors aged 6 to 14 years have the right to independently:

1. manage your earnings, stipend;

2.in accordance with the law, make deposits in credit institutions and manage them;

3. carry out small household transactions;

9. A minor is declared emancipated by decision:

1.arbitration court;

2. guardianship and trusteeship authority or a court of general jurisdiction;

3.legal representatives;

4. courts of general jurisdiction;

10. Recognition of a citizen as incompetent, as well as restriction of a citizen’s legal capacity, is carried out in the manner established by:

1.family legislation;

2. civil procedural legislation;

3.administrative legislation;

4.arbitration procedural legislation;

Prepare an abstract on the topic “Entrepreneurial activity of a citizen”, “Bankruptcy of a citizen”

Recognition of marriage as invalid: grounds, consequences, differences from divorce

with persons who were forced into marriage without taking into account their disagreement;
with a person who has not reached marriageable age and has not received permission in accordance with the procedure established by law for early registration of marriage.
then when any of the prohibitions on marriage under Art. 14 RF IC.
also in Article 15, paragraph 3 of the RF IC, if the spouse concealed the presence of a sexually transmitted disease or HIV infection.

All of the listed grounds for declaring a marriage invalid are distinct. The situation is different if we are talking about a conclusion fictitious marriage, marriage without the intention of creating a family. Its external signs may be the absence cohabitation, marital intimacy, caring for each other. But since the court has the right to make a decision to recognize the marriage as invalid, each of the parties - be it the plaintiff or the defendant - must provide evidence of its innocence. This evidence can also be obtained at the initiative of the court.

In order to give the necessary flexibility to the rules for recognizing a marriage as invalid, Article 29 of the RF IC establishes an exhaustive list of circumstances that eliminate the invalidity of a marriage by the time the court considers the filed claim for recognizing the marriage as invalid:

disappearance of circumstances that, by force of law, prevent marriage (dissolution of a previous marriage, cancellation of adoption, cancellation of a court decision declaring a person incompetent);
the need to respect the interests of the minor spouse;
creation of a family by persons who, at the time of marriage registration, did not seek to create one.

Article 30 of the RF IC classifies as a bona fide spouse one whose rights are violated by the conclusion of a marriage recognized by the court as invalid.

If children are born in a marriage that is declared invalid, then the conclusion between their parents in violation of the requirements of family law does not in any way affect the rights of the child provided for in the RF IC and the RF Civil Code.

A marriage can also be declared invalid if it is established that at the time of its registration the person, although not recognized as incapacitated, did not understand the meaning of his actions and was not able to direct them, and therefore could not express his conscious will to enter into marriage. So, K. married A., a 76-year-old seriously ill personal pensioner, a disabled person of the first group, and registered in his living space. It was established that A., during the period of marriage registration, was in a state in which he could not be aware of either his actions or their consequences. At the request of the prosecutor, the court declared the marriage invalid and the official record of its registration was annulled. K. was subsequently evicted to judicial procedure from apartment A. without providing living space.

To establish that at the time of marriage a person could not be aware of the actions he was committing, a forensic psychiatric examination is often prescribed

It happens that a marriage was concluded in violation of several conditions at the same time: with the connivance of a civil registry office employee, a person in an undissolved marriage enters into a new marriage with a minor whose marriageable age has not been reduced in the prescribed manner. Or, for example, a marriage was concluded with an incapacitated person, despite the fact that the healthy spouse did not dissolve the previous marriage. Violation of any of these conditions may result in the marriage being declared invalid, not to mention their combination. The legal consequences associated with declaring a marriage invalid are not aggravated in this case.

Citizens who were in an invalid marriage do not have any personal or property rights and obligations. With the recognition of the marriage as invalid, the spouse loses the right to bear the surname of the other spouse, adopted by him when registering the marriage. Property acquired during an invalid marriage is not subject to the regime of common joint property. The property is considered to belong to the spouse who acquired it. The other spouse can demand recognition of his right to a share in the property only if he participated in its acquisition with his own means or labor.

The fact of registration of property acquired during an invalid marriage (household, car, etc.) in the name of one spouse is not indisputable evidence that it belongs only to this person. The other spouse can provide proof of investment in the acquisition of property.

The annulment of a marriage as invalid entails the termination of alimony obligations between the spouses. However, amounts of alimony already collected from a spouse whose marriage was declared invalid are not returned.

One of the sanctions specific to family law is the recognition of a marriage as invalid in cases where it is applied to a spouse who is guilty of concealing circumstances that, by force of law, prevent marriage, or through whose fault the marriage was concluded under the influence of coercion, deception, threat, etc. ( Art. 27 RF IC). Here, the recognition of marriage as invalid acts as a measure to protect the constitutional right to protect marriage and family.

You need to know that a marriage cannot be declared invalid if, by the time the case on recognizing the marriage is considered invalid, the circumstances that by force of law prevented its conclusion have disappeared, and also the court cannot recognize the marriage as fictitious if the persons who registered such a marriage, before the consideration of the case the court actually created a family.

Thus, dissolution of a marriage is different from declaring it invalid. A marriage entered into in violation of the conditions established by law, and therefore not giving rise to any legal relations from the moment of its origin, is recognized as invalid. A valid marriage is always dissolved. Legal relations generated by a valid marriage are terminated only for the future. Some of them, as an exception, continue to exist even after the divorce. The procedure for dissolving a marriage and declaring it invalid is different. The marriage is dissolved both in court and in the registry office. It is recognized as invalid only in court.

The circle of persons who have the right to file a claim for divorce and recognition of its invalidity is determined differently. A marriage is dissolved at the request of both spouses or one of them. In necessary cases, when it is required to protect the interests of an incapacitated spouse, a claim for divorce may be brought by his guardian or prosecutor. The recognition of a marriage as invalid can be demanded by persons who have both personal and public interests in this, that is, a wider circle of persons.

A marriage is dissolved if there are irreparable discord in the family, or the actual breakdown of the family. A marriage can be declared invalid even if there are good relationships in the family, if the conditions of its conclusion are violated (for example, the condition of uniformity). That is why, in the process of declaring a marriage invalid, the question of reconciliation of the spouses does not arise.

A marriage is considered dissolved from the moment its dissolution is registered in the Civil Registry Office. A marriage is recognized as invalid from the time the court decision comes into force. In this case, the invalidity of a marriage is effective retroactively from the moment of its conclusion. Since the recognition of a marriage as invalid means its annulment, in the event of a new marriage, the person in the invalid marriage is not required to inform his or her spouse of this. When registering a new marriage, the person who divorced must report that he was previously married.

Part 2 | Part 4

Marriage is not only a voluntary union of two loving hearts, in some cases it is concluded through deception and abuse of trust. To terminate the legal consequences, a marriage is declared invalid through the court if there are certain grounds. In such a delicate matter, you need to be savvy and ready to present convincing evidence for the court.

The Family Code of the Russian Federation establishes a closed list of grounds on which a marriage can be declared invalid in court. In the absence of these circumstances, you do not have the right to file a claim. The legislator himself thereby protected spouses from abusing the right to challenge the marriage. For example, when the husband is 80 years old and the wife is 18, soon after the wedding the man dies, leaving all his property to his beloved, and the legal heirs, when filing a claim, point out the age discrepancy and the inability of the young wife to marry. In accepting such statement of claim the court will refuse.

If you intend to invalidate a marriage, be guided by the following grounds enshrined in the RF IC:

Lack of mutual voluntary consent between a man and a woman. The so-called vice of the will is expressed in:

Forced marriage, including the use or threat of physical or mental violence;
Deception. Someone deliberately misled you, provided false information, or deliberately withheld any facts, for example, about the inability to bear children or about a dangerous disease that threatens you;
Misconceptions of one of the persons entering into marriage about the identity of the future spouse, for example a criminal, or about the essential circumstances of the marriage, for example about the legal significance and consequences of marriage. These circumstances may arise for reasons beyond the control of the parties, rather than the fact that deception requires effort;
The inability of a person at the time of marriage, due to his condition, to account for and manage his actions. This refers to drug or alcohol intoxication or a serious illness. In such cases, a forensic psychological or forensic psychiatric examination is prescribed.

2. Not reaching the marriageable age – 18 years. However, the court may refuse to consider the claim if the interests of the minor require it and there is no consent (Clause 2 of Article 29 of the RF IC). This could be pregnancy, attachment to a partner, or the birth of a child. The court recognizes the marriage as invalid if it actually poses a real threat to the health of the minor. The right to file a claim has the parents, the prosecutor and the minor himself, and if he reaches 18 years of age - only he;

3. Spouses are close relatives - parent and child, grandfather (grandmother) and grandson (granddaughter), brother and sister, adoptive parent and adopted child. In practice, such a situation arises extremely rarely, and only because the spouses did not know about the presence of such a factor. The spouse, prosecutor, guardianship and trusteeship authorities and third parties whose rights have been violated have the right to file a claim;

4. Recognition by the court of one of the persons entering into marriage as incompetent due to a mental disorder before marriage. Due to inability, the spouse cannot consciously express his will to marry. The right to file a claim belongs to the prosecutor, guardianship authorities and the trustee of the incapacitated spouse, unless they are an unscrupulous husband. However, if the spouse recovers and is recognized as legally competent, the court will reject the claim.

5. Fictitious marriage. In other words, the spouses or one of them did not have the intention of starting a family, but were pursuing certain goals. For example, a US citizen entered into a fictitious marriage to obtain Russian citizenship with a woman from Moscow for money, promising to pay 20,000 thousand dollars annually. Proving this fact is quite difficult, especially if only one of the spouses has the intention to start a family. A claim for invalidation of a fictitious marriage can be brought by a prosecutor and a conscientious spouse who did not know about the fictitious marriage. However, if over time this marriage has grown into a family relationship, then it can be recognized as valid. A fictitious marriage should be distinguished from a “marriage of convenience,” which, although concluded for certain selfish motives on the part of one or both spouses, is nevertheless with the unconditional actual purpose of creating a family, whereas when concluding a fictitious marriage, such a goal is completely absent. A “marriage of convenience” cannot be declared invalid, since it is aimed not only at obtaining some benefits (material, social), but also at establishing marital rights and obligations.

6. One of the spouses is already in another registered marriage. This refers to a previous registered marriage that has not terminated in accordance with the procedure established by law (Article 16 of the RF IC). The legislator proceeds from the principle of monogamy, which is why, when concluding a marriage, the newlyweds indicate in the application: whether they were previously married;

7. Concealment by one of the spouses from the other of the presence of sexually transmitted diseases or HIV infection. In this case, a conscientious spouse who did not know about the presence of the disease in the other spouse applies to the court;

As they say, “trust, but verify,” so when entering into a marriage, don’t lose your head and make sure that trust between you is the strongest and strongest feeling. And in case of a dispute or doubt, a family law lawyer will help you.

A marriage is declared invalid from the date of its conclusion only in court if the established conditions for its conclusion are violated, as well as in the case of a fictitious marriage (Article 27 of the RF IC).

Grounds for invalidating a marriage

A marriage can be declared invalid in court on the following grounds (Articles 12-14, paragraph 3, Article 15, paragraphs 1, 2, Article 27 of the RF IC):

1) lack of mutual voluntary consent of a man and a woman;

2) not reaching marriageable age (as a general rule, 18 years);

3) spouses are close relatives of parent and child, grandfather (grandmother) and grandson (granddaughter), brother and sister, adoptive parent and adopted child;

4) recognition of one of the persons entering into marriage as incompetent due to a mental disorder before marriage;

5) fictitious marriage (without the intention of the spouses or one of them to start a family);

6) at least one of the spouses is already in another registered marriage;

7) concealment by one of the spouses from the other of the presence of sexually transmitted diseases or HIV infection.

The list of grounds for declaring a marriage invalid is exhaustive and is not subject to broad interpretation. Taking this into account, violation of the established requirements for the procedure for concluding a marriage (for example, registering a marriage before the expiration of a month from the date of filing an application with the registry office) cannot be grounds for declaring a marriage invalid (clause 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 5, 1998 N 15 ).

The procedure for recognizing a marriage as invalid

Step 1: Determine whether there are grounds for invalidating the marriage and gather evidence

For example, in order to invalidate a marriage due to its fictitiousness, it is necessary to prove the absence of intention to create a family, which is understood as persons related by kinship or affinity, living together, leading a joint household, and bound by mutual rights and obligations. Evidence may include testimony from witnesses about separation after marriage, the absence of any communication between spouses, refusals to provide financial assistance and content. At the same time, there must be actions of the spouse or both spouses aimed at obtaining any benefit (Article 1 of the Law of October 24, 1997 N 134-FZ).

Step 2. Draw up a statement of claim to declare the marriage invalid and submit it to court

Interested parties, at any time after the conclusion of a marriage, can apply to the court with a claim to declare it invalid, since the statute of limitations does not apply to these cases. An exception is cases where a marriage is declared invalid when one of the parties to the marriage concealed the presence of a sexually transmitted disease or HIV infection from the other person. The limitation period is one year (clause 4 of article 169 of the RF IC; article 181 of the RF Civil Code).

The procedure for declaring a marriage invalid begins with the filing of a claim in court by the interested party. In this case, a state duty of 300 rubles is paid. (Clause 3, Clause 1, Article 333.19 of the Tax Code of the Russian Federation; Article 28 of the Code of Civil Procedure of the Russian Federation).

In the statement of claim, please note that you are demanding not only that the marriage be declared invalid, but also that the registry office’s record of the marriage be annulled. It is also necessary to set out the circumstances that indicate the invalidity of the marriage.

The following have the right to demand recognition of a marriage as invalid (Article 28 of the RF IC):

1) a minor spouse, his parents (persons replacing them), the guardianship and trusteeship authority or the prosecutor, if the marriage was concluded with a person under marriageable age, in the absence of permission to enter into marriage before this person reaches marriageable age. After a minor spouse reaches the age of eighteen, only this spouse has the right to demand recognition of the marriage as invalid;

2) the spouse whose rights are violated by the marriage, as well as the prosecutor, if the marriage was concluded in the absence of the voluntary consent of one of the spouses to its conclusion: as a result of coercion, deception, delusion or the inability, due to one’s condition, at the time of state registration of the marriage to understand the meaning of one’s actions and manage them;

3) a spouse who did not know about the existence of circumstances preventing the conclusion of a marriage, a guardian of a spouse declared incompetent (guardianship and trusteeship authority), a spouse from a previous undissolved marriage, other persons whose rights were violated by the conclusion of such a marriage;

4) the prosecutor, as well as the spouse who did not know about the fictitious marriage in the event of a fictitious marriage;

5) a spouse from whom the other spouse concealed the presence of a sexually transmitted disease or HIV infection.

Note: A marriage cannot be declared invalid after its dissolution. The exceptions are cases where there is a degree of relationship prohibited by law between the spouses or the condition of one of the spouses at the time of marriage registration in another undissolved marriage. In these cases, a claim to declare a marriage invalid may be considered by the court after the decision to divorce is canceled (clause 4 of article 29 of the RF IC; clause 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 N 15).

Step 3. Take part in court hearings and receive a court decision

General period for consideration of the case and making a decision district court should not exceed two months (Article 154 of the Code of Civil Procedure of the Russian Federation).

The court decision comes into force upon the expiration of the period for appeal, if it has not been appealed. In this case, the period for filing an appeal is one month from the date the court decision was made in final form (Part 1 of Article 209, Part.

2 tbsp. 321 Code of Civil Procedure of the Russian Federation).

Legal consequences of declaring a marriage invalid

A marriage declared invalid by a court, as a general rule, does not give rise to any mutual rights and obligations of the spouses, except in cases established by law (Article 30 of the RF IC):

1) property acquired during an invalid marriage, as a general rule, does not become the joint property of the spouses. The provisions of the law on shared ownership apply to this property;

2) the marriage contract concluded by the spouses is invalid;

3) a spouse whose rights were violated by an invalid marriage has the right to demand from the other spouse payment of alimony in accordance with family law, compensation for moral damage; has the right to retain the surname taken during state registration of marriage;

4) recognition of a marriage as invalid does not affect the rights of children born in such a marriage.

If there are serious grounds, a marriage concluded between two persons may be declared illegal. A marriage is declared invalid during court hearings. To cancel it, the interested party needs to file a lawsuit in court. Until a court decision is made, any marriage is legal.

Reasons for annulment

Article 27 of the Family Code of the Russian Federation clearly states the reasons why a marriage can be declared invalid.

These include:

forced marriage (marriage);
conclusion of a family union by persons who have not reached marriageable age on the day of official registration of the relationship;
entry into the marital union was carried out without the purpose of founding a family;
registration of a relationship with a person who is already legally married;
the presence of HIV infection or a sexually transmitted disease in one of the spouses, about which the second spouse was not informed;
registration of marriage with an incapacitated citizen;
registration of a marriage between blood relatives or an adoptive parent and an adopted child.

Marriage between two citizens can be concluded by mutual consent after they reach the age of eighteen. This norm is enshrined in Art. 12 of the Family Code of the Russian Federation. If there are compelling reasons (for example, the bride’s pregnancy), local governments can set the age limit for entering into a marital relationship at 16 years of age. When it is believed that one of the partners was forced into marriage, this can also serve as a reason for its cancellation. It is unacceptable to force a person to marry under the influence of force, threat or deception.

If it is proven that a marriage concluded between two adult citizens turned out to be fictitious (registered not for the purpose of starting a family, but for the sake of obtaining material or housing benefits), then after filing a lawsuit in court it may be declared invalid. A marriage is considered to be fictitious, in which, after registering the relationship, the spouses do not actually live together, do not maintain a common family budget, do not have intimate relationships and do not take any part in each other’s lives. Often such marriages are concluded for a certain monetary reward between Russian citizens and foreigners with the aim of obtaining Russian citizenship for the latter.

The court recognizes a fictitious marriage as invalid only if one of the spouses did not suspect the illegality of registering the family union and entered into it under the influence of deception. If it turns out that a fictitious marriage was entered into by both parties consciously, then the application to recognize such a marital union as invalid will be rejected by the court. If a fictitious husband and wife want to officially dissolve a non-existent relationship, they will need to get a divorce in the usual way. A marriage will not be declared illegal even if, after the moment of its registration, people began a relationship, they began to run a joint household and gave birth to common children.

Illegality of marriage in various situations

The Family Code of the Russian Federation adheres to the principle of monogamy, in which only a man and a woman can form a family union. If after the wedding it turns out that one of the spouses has not officially divorced the previous partner, then his new marriage will be annulled if the interested party files a claim in court. The interested party can be either the current marriage partner of the polygamist or the previous one with whom the relationship has not been officially severed.

According to paragraph 3 of Art. 15 of the Family Code, a husband (wife) may have HIV infection or a venereal disease, which the second spouse did not know about when officially registering the relationship. If it turns out that an infected person knew that he was sick, but deliberately hid this fact from his spouse, then this will become the basis for opening criminal proceedings against him for the deliberate spread of HIV infection and sexually transmitted diseases.

A marriage is declared invalid if it was registered with an incapacitated person, that is, with a person who, due to mental illness, does not understand his actions and cannot be held responsible for them. The prohibition to create a family with an incapacitated citizen is justified by the fact that the latter, due to mental illness cannot fully understand the responsibilities and consequences of entering into marriage.

A marriage will also be declared invalid if it turns out that it was registered between relatives close by blood. These include parents and children, grandparents and grandchildren, siblings (both full and half). As a result of such family unions, there is a high probability of the birth of inferior offspring due to incest. Although adoptive parents and adopted children are not considered blood relatives, the conclusion of family unions between these categories of citizens is also prohibited for moral reasons.

Who can ask the court to declare a marriage illegal?

If it is necessary to invalidate a family union in which one or both participants have not reached the age of majority, then the right to file a claim with the judicial authorities is granted to both the minor himself and his parents, guardians and the prosecutor. Adult, capable citizens file an application to have their marriage declared illegal on their own. If it was concluded under the pressure of threats or deception, then, in addition to the injured spouse, a prosecutor can file a claim in court. In the case where the marriage was concluded with a person infected with HIV or suffering from a sexually transmitted disease, only the injured party can demand recognition of invalidity. A union concluded between blood relatives, an adoptive parent and an adopted person, and with an incapacitated person can be annulled by any of the spouses, representatives of the guardianship authorities, or a prosecutor.

If the reasons specified in the claim are considered by the court to be legitimate for declaring the marriage illegal, then it will be considered as such from the date of its official registration. Since the marriage of two people has been declared null and void, its termination does not entail any rights or obligations. Spouses whose marriage has been declared illegal will not be able to inherit each other’s property, claim living space, receive a pension due to the loss of a breadwinner, and much more. If a marriage contract has been drawn up and executed between a husband and wife, all its conditions are canceled after the annulment of their union.

An exception to the rules may be the division of jointly acquired property, if any. The party affected by the conclusion of such a marriage has the right to moral and material compensation for the harm caused to it. But a child born to a couple both before the day the marriage was annulled and within 300 days after that has exactly the same rights as children born in a legal marriage.

Life is such that people often break up and marriages break up. Everyone can give many examples of such situations. Until recently, it would seem that the couple were living peacefully and happily together in your neighborhood, and suddenly it became known that they had separated. 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 a marriage. To avoid problems, it is advisable to understand the legal intricacies of these processes.

Which marriage is considered invalid by law?

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

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

What is the difference between the concepts

From a legal point of view, the official recognition of a 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 on the part of 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 quite often there are situations when a 70-year-old woman marries a 30-year-old man she doesn’t know well, who then lays claim to her property. Less common, but still found in our country, are arranged marriages, when there is an agreement on the future wedding of children at a very young age.

Having a previously registered and undivorced marriage. The opportunity for a new relationship often arises when a person receives a new passport, which for some reason does not have a marriage stamp. When registering, the civil registry office is required to request copies of certificates of divorce or death of the former spouse, but sometimes there are mistakes. They subsequently allow the registered marriage to be declared invalid.
Age insufficient to enter into a marriage. The law provides for an 18-year threshold for marriage. In some situations, it is permissible to lower the specified age limit. But all accompanying circumstances that allow this to be done must be documented.
Union between close relatives. It does not matter whether the spouses knew about the existence of such a relationship. Once this information is known, an action for annulment must be filed. The same applies to marriages between adoptive parents and adopted children. They are only possible if the adoption is officially cancelled.
Incapacity of one of the spouses due to mental disorder.
Concealment by one of the spouses of sexually transmitted diseases or HIV at the time of marriage.

Experts point out that the list of signs that allow annulment of a marriage is quite limited. It cannot be interpreted broadly and is limited only to those grounds that are provided for by the RF IC. Violations of the procedure for concluding a marriage (for example, waiting less than a month before registration) are not such grounds, which was confirmed by the Plenum of the Supreme Court of the Russian Federation in its resolution of November 5, 1998.

Types of invalid marriages

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

cohabitation, if it is not supported by valid reasons;
communication between husband and wife;
intimate relations between them (which, in fact, is quite difficult to prove);
joint budget;
common property;
knowledge about 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 about starting a family, but about receiving a certain benefit.

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

How to invalidate a marriage

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

prosecutor;
one of the spouses;
both husband and wife - by mutual consent;
guardianship and trusteeship authorities;
parents or guardians of the minor spouse;
the official guardian of the spouse who was previously declared incompetent by the court;
spouse of a previous marriage that was not officially dissolved before entering into a new union.

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

How to fill out an application and prepare documents

You should contact 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 (by registered mail with notification). Its text is compiled 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 talk in detail about the grounds that give the right to demand annulment of the marriage union. In conclusion, the plaintiff must demand that it be declared invalid and the corresponding civil status record be excluded.

You must attach a package of documents to your application to support your position. Their set may be different - depending on the grounds that are stated as the reason for the invalidity of the marriage union.

These can be medical certificates, court decisions (recognizing a citizen’s incapacity), 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 requirements.