Recognition of marriages concluded outside the territory of the Russian Federation

It is generally accepted that people enter into marriage solely for love, with the goal of creating a family. This is also evidenced by the Family Code, which clearly states the conditions under which a family is created. However, there are exceptions to every rule, and there are often cases when spouses are deceived, get married or get married under duress, or marry in order to obtain a certain benefit. In such cases, the marriage may be declared invalid by the court. We will tell you how and on what basis this happens, we will provide information on a fictitious marriage and its annulment.

Procedure for declaring marriage invalid

A marriage can be declared invalid only if there are compelling reasons enshrined in the Family Code. In this case, you can sue even if the transfer was made through the registry office, but the statement of claim must include a requirement to recognize the divorce record as annulled. There are other nuances that a lawyer can help you figure out.

Law. Article. Right

The procedure for recognizing a marriage as invalid, the grounds available for this and the list of persons who can file a claim in these cases are prescribed in Chapter 5 of the Family Code of the Russian Federation, as well as in Articles 12, 14, 15, paragraph 3 of the RF IC.

So, in Art. 12 of the RF IC states that marriage is based on the voluntary consent of a man and a woman. If this provision has been violated and such a situation can be proven in court, the marriage may be declared invalid.

In Art. 14 of the RF IC specifies a list of situations in which marriage registration is unacceptable. These include:

• one of the parties to the marriage is already married to another person;
• the man and woman are close relatives or adoptive parents and adopted children;
• one of the parties to the marriage is declared incompetent by the court for mental reasons.

Usually such points are checked before the wedding, but if such a violation was nevertheless committed, the court will declare the marriage invalid. This also includes the presence of HIV or a sexually transmitted disease in one of the partners, about which the second partner was not informed (Article 15, paragraph 3 of the RF IC). If such a point becomes obvious in a marriage, it can be dissolved in court, and the perpetrator may face criminal punishment.

In Art. 28 clause 1 of the RF IC stipulates who can file a claim to declare a marriage invalid:

• one of the minor spouses or guardianship authorities, as well as the prosecutor, if the marriage was concluded with a minor without permission;
• a spouse who was misled about the true goals of the marriage, was forced to act under threat, or at the time of state registration of the marriage he could not adequately assess what was happening due to his physical condition;
• a spouse who discovers that his or her husband or wife is infected with HIV or has a sexually transmitted disease that was not disclosed at the time of marriage.

Also, the prosecutor, any persons whose rights were violated by the conclusion of such a marriage, guardianship authorities if one of the spouses is a minor, guardians if one of the spouses is declared incompetent by the court can also become the initiator of legal proceedings.

In Art. 27 of the RF IC states that a marriage can be declared invalid by a court decision, and the court is obliged to send an extract to the registry office within three days. A marriage is considered invalid from the moment of its registration, and not from the moment it is recognized as such by the court (Article 10 of the RF IC).

Art. 30 of the RF IC indicates the consequences of declaring a marriage invalid. It spells out the rights of a bona fide party, the rights of children born in marriage, the possibility of demanding compensation, the right to leave a surname and a number of other points.

Death. Disease (HIV, hepatitis, amnesia)

Usually, the marriage is declared invalid by the relatives of the deceased spouse who did not like the distribution of the inheritance. By trying to polish the marriage registration, they are trying to “replay” the division of property. But it's not that simple.

If you carefully study Art. 28 of the RF IC, it turns out that relatives of a deceased spouse or a living spouse cannot be interested parties except in cases where the marriage violates their civil rights. Therefore, it is highly likely that their claim will be rejected. The prosecutor can initiate the proceedings, but such cases are extremely rare.

Many questions arise if one of the spouses is sick, including terminally ill. The motives of a spouse who is trying to have his marriage declared invalid can be very different, including an unwillingness to bear responsibility and sacrifice his years to care for a sick spouse. However, there are not many reasons for declaring a marriage invalid: the spouse has HIV infection or a sexually transmitted disease, and they were not warned about their presence at the time of marriage.

As for amnesia, it all depends on the court's decision. A marriage may be declared void if one of the spouses is incapacitated due to mental illness. Therefore, it is impossible to predict the outcome of such a case.

To avoid problems associated with your spouse’s illnesses, you can undergo an examination before marriage. However, it should be remembered that in accordance with Art. 15 of the RF IC, such a medical event is carried out only with the voluntary consent of a man and a woman. No one has the right to force you to undergo an examination.

Lawsuit

To declare a marriage invalid, you need to draw up a statement of claim. Only persons specified in the legislation can do this. So, if the marriage is between minors, then the spouse himself or herself, their parents or guardians can file a claim. The prosecutor also has the right to take such action.

If a marriage is concluded between adult citizens, then each of the spouses, the guardian of the party declared incompetent, the prosecutor and persons whose rights have been violated can file a claim. These could be heirs, creditors, a previous spouse, and so on.

Sample. Form

The statement of claim submitted to the court must be drawn up in strict accordance with the norms of the Code of Civil Procedure of the Russian Federation. It can be written by hand or printed on a printer; it is also allowed to fill out the columns yourself. However, it should be remembered that errors and corrections in the document are unacceptable, and the information and requirements specified should not have double interpretation. Therefore, it is better if a competent lawyer who knows all the intricacies and can refer to the laws as accurately as possible works on the statement of claim.

If you decide to file a claim yourself, you must include the following information:

• In the header (upper right part of the sheet) - information about the court to which the applications are sent, information about the plaintiff, defendant, as well as third parties whose rights were violated or about citizens interested in the proceedings.
• A detailed description of the circumstances, information about the place and date of the marriage, violated rights, reasons that may be considered significant for declaring the marriage invalid. Links to legal acts are also indicated, including the articles of the Family Code discussed above.
• The essence of the requirements is to recognize the marriage as invalid. The requirements are supported by references to relevant laws, as well as reference to evidence.
• List of documents sent to the court along with the statement of claim. This also includes some evidence - certificates, copies of correspondence, photographs, medical reports, etc.
• Date of filing the statement of claim and signature of the plaintiff.

The claim may be filed on behalf of the principal. In this case, the list of documents must include a notarized power of attorney. A representative can sign the statement of claim.

The statement of claim can be brought to the office of the district or city court. You can also send it by mail. the claim is sent to the place of residence of the defendant; only in certain cases specified by law, the application can be sent to the place of residence of the plaintiff. These include the presence of minor children and the inability to travel to court hearings due to illness. In the latter case, you need to take a doctor’s certificate confirming your poor health condition and attach it to the statement of claim.

Documentation

In addition to the statement of claim, you need to prepare some documents - mandatory and evidentiary. In the first case, we are talking about an identity document (passport), marriage certificate, as well as a receipt for payment of the state fee in the required amount. Three photocopies of the statements of claim are also attached.

The evidentiary documents depend on the basis for declaring the marriage invalid. These could be:

• a certificate of marriage with another person issued to the spouse or testimony of witnesses willing to confirm that the spouse is already married to another person;
• a medical certificate confirming that the husband/wife has a sexually transmitted disease or HIV infection;
• a court decision declaring a spouse incompetent due to mental illness;
• audio and video recordings that will confirm the plaintiff’s claims;
• correspondence from social networks related to the case.

It is not always possible to prove the plaintiff's claims easily. To increase your chance of winning your case, you need to work hard. It is better to hire a lawyer for these purposes, who will help collect a good evidence base and protect the rights of his client.

Statute of limitations

Until a court decision, any marriage is considered legal. To invalidate it, you need to go to court. It should be taken into account that the statute of limitations does not apply to such claims. The only exceptions are cases of deliberate concealment of the fact of infection with sexually transmitted diseases. In this case, the limitation period is 1 year.

How can a lawyer help?

The annulment of a marriage is one of the most difficult processes in family law. Every step is important here, and therefore legal assistance is extremely necessary.

A competent lawyer will help:

• determine whether there are grounds for recognizing the marriage as invalid;
• draw up a statement of claim that complies with the norms of the Code of Civil Procedure of the Russian Federation and protects the interests of the plaintiff;
• collect the necessary evidence base.

Of course, you can rely solely on your own strength, but then the chance of a successful outcome of the trial will be extremely low. An incorrectly drawn up statement of claim may generally be the reason for refusal to consider the case, and then the document will have to be drawn up again. A lawyer will help you save time and effort and will provide legal support in court.

Marriage registration by British citizens abroad

If residents of Foggy Albion permanently reside outside the UK, but want to get married, then they must first take care of obtaining a Certificate of No Impediment. This document makes it possible to recognize a marriage between British citizens outside of England as legal.

You can obtain such a document at any UK consular office. Typically, the issuance of this document takes from 15 to 21 days. The received document must be apostilled and then notarized. Also, the document must be translated into the national language of the country where the wedding is planned.

Certificate of No Impediment

Fictitious marriage

A fictitious marriage is a union between a man and a woman, concluded in order to achieve a certain benefit without the desire to create a full-fledged family. Most often, this option is used to quickly obtain benefits, for example, to simplify obtaining a residence permit.

However, there are often situations when one of the spouses sincerely believes in the feelings of the other and wants to start a family, but the second uses him for his own selfish purposes. As a rule, having received what he wanted, the unscrupulous spouse either ceases to be interested in family affairs or abandons it. At the same time, you may not bother to file for divorce. In both cases, the marriage can be declared invalid if it can be proven to be fictitious.

Article. Law

The main body of laws covering the issues of recognizing a marriage as fictitious and the rights and consequences arising in connection with this is the Family Code of the Russian Federation. So, in accordance with paragraph 1 of Art. 27 of the RF IC, a fictitious marriage in which both spouses or one of them did not intend to start a family is declared invalid. However, in accordance with paragraph 2 of the same article, only a court can declare such a marriage invalid. Such a statement encourages the interested party to file a claim to assert their rights.

In accordance with paragraph. 5 p. 1 art. 28 of the RF IC An application for recognition of a marriage as fictitious can only be filed by the injured party (a bona fide spouse), or by the prosecutor if he has appropriate suspicions. Other persons, for example, relatives of a conscientious spouse, his friends or neighbors, do not have the right to file a claim. They can submit an application to the prosecutor's office to check such a marriage, but it is not a fact that it will be initiated unless there are compelling reasons.

According to Art. 30 of the RF IC, a marriage declared invalid due to fictitiousness. does not create in spouses the rights and responsibilities that a real marriage would create. In accordance with Art. Art. 89-90 of the RF IC, an unscrupulous spouse does not have the opportunity to collect alimony in his own favor.

Grounds and conditions for recognizing fictitiousness

The basis for recognizing a marriage as fictitious is a violation of the provisions of the Family Code. At the same time, it is important to collect irrefutable evidence that the marriage is fictitious, and not created for convenience (such is not condemned by Russian laws, and therefore cannot be declared invalid). Collecting such evidence is difficult.

A number of grounds are recognized by almost all courts:

• Documentary evidence that a conscientious spouse is incapacitated. There are known cases when foreign citizens married or married such people in order to more easily obtain citizenship.
• A statement of claim by a spouse in which he claims that the marriage was fictitious or forced.
• Marriage is concluded between close relatives for the purpose of material gain.
• A foreign citizen married to a citizen of the Russian Federation has a spouse at home, which was not reported.
• Marriage was concluded for the purpose of receiving certain benefits, allowances, and one-time payments.

In all cases, it is important to try to prove that the dishonest spouse had no intention of starting a family and acted solely for the purpose of obtaining his own benefit. There are different options here. For example, evidence may be the fact of the absence of common children, provided that both spouses are not infertile.

The testimony of a witness that the fraudster did not take care of his family and refused to run a joint household may also be taken into account. The proof may be a contract for the provision of services with a marriage agency, although this rarely happens. If the fraudster’s actions caused significant material damage (for example, in the event of a divorce, he received half of the property) and the injured party received mental trauma. then one of the evidence may be the conclusion of a psychiatrist.

The following may also be considered in court:

• audio recordings of conversations;
• video recordings;
• personal correspondence. including in instant messengers and social networks.

There are many options for the evidence base, but it is difficult for an ignorant person, and even in shock from deception, to figure out which direction to move. This is why competent legal assistance at the stage of collecting evidence is so important.

Consequences. Fine. Why is it dangerous?

For the spouses themselves, as a rule, the consequences of a fictitious marriage are not particularly dangerous. Exceptions are cases when it is possible to prove that such a fictitious registration of marriage was only the initial link, which entailed serious crimes. In this case, the punishment can be up to imprisonment. however, in Russia such cases are extremely rare. There are no fines for such actions. There were attempts to make appropriate amendments to the legislation, but they were unsuccessful.

Other consequences may vary and depend on the intention of the spouse or spouses:

• Recognition of a registered marriage as invalid. There are practically no consequences; the parties do not have any rights or obligations. A stamp appears in the passport containing information about the mistaken marriage.
• Deprivation of Russian citizenship if it is proven that it was acquired by a foreign citizen through a fictitious marriage. In the future, obtaining citizenship, even legally, will be problematic.
• Recognition of a marriage contract, if it was concluded between the parties, as invalid. In this case, all its provisions become invalid.

In addition, if only one party to the marriage had selfish motives, and the other did not know anything about it, then the injured spouse has the right to demand payment of monetary compensation through the court. Moreover, if the plaintiff can provide convincing evidence and the damage caused to him, including moral damage, is considered significant, then the amount of monetary payments can reach several hundred thousand rubles. Such cases have already occurred in judicial practice.

In some situations, if any monetary payment or benefit was obtained through a fictitious marriage, the consequences may be more severe, including criminal punishment. Therefore, it is important to hire an attorney who can provide good faith to the plaintiff and get the marriage declared null and void. Often the defendant tries to prove that the marriage was not fictitious, and therefore it is difficult to predict what the outcome of the case will be without legal assistance.

If there are children

If the spouses had no intention of starting a family, entered into marriage to achieve certain benefits, but managed to have a child, then the marriage cannot be considered fictitious. Even if the interested party is able to collect good evidence and submits a statement of claim according to all the rules, the court will not consider the statement. It will be possible to get a divorce, but on grounds common to all, with consequences in the form of emerging rights and obligations.

A child born within 300 days after the marriage is declared fictitious receives the same rights as if he was born into a real family. In this case, the court decision will not be canceled; the marriage will remain annulled due to its fictitiousness. The procedure for paying alimony and the place of further residence of the child are determined by the court in accordance with the legislation in force in the country.

How to terminate and invalidate

To recognize a marriage as fictitious and, therefore, invalid, you need to contact a city or district court with a prepared package of documents. There is no other way to solve this problem, in accordance with Russian legislation.

Before submitting documents, you should consult with a lawyer about the existing grounds and how to prove them. It also wouldn’t hurt to get help in drawing up a statement of claim and find out which documents will be required in any case.

The statement of claim is written in compliance with the norms and rules prescribed by the Code of Civil Procedure of the Russian Federation. It can be created on a computer and then printed or written by hand. The main thing is that it contains the following information:

1. The name and location of the court in which the claim is filed.
2. Last name, first name of the plaintiff and defendant, their places of residence, if possible - telephone numbers.
3. Detailed description of the circumstances. When, with whom and in what place was the marriage concluded. Do you have any children together? How was it revealed that the spouse did not have the goal of creating a family, but was pursuing personal benefits.
4. Legislative acts, paragraphs and articles are indicated that can confirm the existence of grounds for recognizing the marriage as fictitious and the legitimacy of the plaintiff’s claims.
5. The essence of the claim is indicated: to recognize the marriage as invalid on the basis of its fictitiousness. The plaintiff can immediately indicate a demand to recover compensation payments from the dishonest spouse in the desired amount. The requirements must be confirmed by references to the relevant laws of the Russian Federation.

The final part of the statement of claim specifies the documents attached to it. This list will require the applicant’s passport, the original marriage certificate, three copies of the statement of claim and a receipt confirming payment of the state fee. In accordance with paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation, the amount of state duty as of 2021 is 300 rubles. It also lists the evidence attached to the statement of claim.

The claim is completed by indicating the date of its preparation and the signature of the plaintiff. At the same time, it is important that the document does not have blots, corrections, strikeouts, or expressions of personal grievances and emotions. The language contained in it must not be interpreted ambiguously, and references to the legislative framework must be correct. If you have never drawn up statements of claim, it is better to entrust this work to a lawyer.

A statement of claim to recognize a marriage as fictitious and invalid is filed at the defendant’s place of residence in a district or city court. In exceptional cases, the document may be sent to the district or city court at the plaintiff’s place of residence. Such grounds may be that the plaintiff has a minor child or a serious health condition that prevents him from traveling to another city to participate in the trial. It is advisable to write a petition to the court to consider the application at the plaintiff’s place of residence, and to justify the request, attach a medical report on the state of health or the child’s birth certificate.

If the statement of claim is drawn up correctly and the necessary documents are attached, a date for the first trial will be set. The plaintiff needs to appear, preferably with a hired lawyer, so there is a greater chance of winning the case. It is important to attend all proceedings and be prepared to give the necessary explanations and provide the documents and evidence required by the court.

There is no point in hoping that everything will go quickly and without delays. Recognizing the invalidity of a marriage on the basis of its fictitiousness is one of the most difficult processes, which can take several months. Most likely you will have to spend six months or more. The proceedings may become more complicated if the defendant files a counterclaim in which he tries to prove that both parties acted solely for selfish reasons. Therefore, the help of a lawyer is also important here, who will make the right decision to act against such surprises.

It's hard to say what the outcome will be. If the court recognizes the marriage as fictitious and invalid, then within three days from the date of the decision, an extract from it will be sent to the registry office. The marriage itself will be considered invalid from the moment of its conclusion, which will be confirmed by a stamp in the passport. The spouses will not have any rights or obligations during a fictitious marriage, but various negative consequences are possible, including criminal punishment. This depends on the ultimate goals of the citizens who entered into a fictitious marriage.

What marriages are recognized as valid in the Russian Federation?

In accordance with the article of the IC, legal relations between residents of Russia and unions between citizens of the Russian Federation and foreigners, as well as stateless individuals that were concluded outside the territory of our state, are considered valid.

This suggests that all conditions, form and procedure for concluding an alliance between residents of our country and foreigners must comply with the current legislation of the country in whose territory they are concluded.

Our state recognizes the following types of officially formalized relations:

1. unions between people living in Russia who wanted to get married abroad;
2. marriages between residents of the Russian Federation and foreigners, concluded in any country in the world.

Do I need to get a new marriage certificate in Russia?

Russian authorities accept a document from a foreign state and do not issue their own certificate in return. As Budovnits explains, the law does not provide for a procedure for notifying the state about a marriage between Russians that took place abroad. However, to present a document in Russia, newlyweds need to obtain a notarized translation of the certificate, as well as obtain an apostille in the country in which the marriage was registered.

Is it possible to choose the date of marriage registration on your own? More details

How is a divorce processed?

Divorce is a very long and complex procedure. Divorce in this state is possible only if the family has existed for at least one year.

To dissolve a marriage, people go to court for permission. A divorce case costs £410. Bailiffs give young people a period of 21 days to reject the application for divorce. If, after this period, the young people have not rejected the application, then it is submitted for consideration.

After consideration, the couple is issued a divorce decree, which is called decree nisi.

After receiving this document, a minimum of 6 weeks must pass in order to file an application for divorce in the final court.

There must be compelling reasons to approve a decision to end a relationship:

• treason;
• unreasonable behavior;
• absence from family for more than two years;
• separation of households for more than five years (in this case, written consent to divorce is not required);
• separation for two years (in this case, written consent to the divorce will be required from the second partner).