For example, a previously concluded other marriage was terminated or the minor spouse has reached the marriageable age. But the disappearance of these circumstances does not automatically entail the reorganization of the marriage.
Reorganization of a marriage can take place if the interests of the minor spouse so require. The law does not specify what is meant by the interests of a minor when it comes to rejecting a claim to invalidate a marriage entered into with a person who has not reached marriageable age. However, this usually refers to pregnancy or childbirth to a minor spouse.
It is also necessary to reveal by the court the consent of the minor spouse himself to the recognition of his marriage as invalid. In the absence of his consent, the court may refuse a claim to declare the marriage invalid, regardless of who made such a claim (parents, guardian (curator), foster parents, prosecutor or guardianship authority).
When the bona fide marriage was initially fictitious, but later the spouses started a family. In such cases, the marriage cannot be declared invalid by the court.
Dissolution of the marriage
After the dissolution of the marriage, the spouses (both in court and in the civil registry offices) have no right to raise the issue of recognizing this marriage as invalid. The exception is cases when a claim is filed to declare a marriage invalid due to the fact that there is a degree of kinship prohibited by law between the spouses or one of the spouses at the time of registration of the marriage is in another not dissolved marriage.
At the same time, the judicial authorities give the following interpretation of this issue. As noted in paragraph 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 N 15 “On the application of legislation by courts when considering cases of divorce”, if in the above cases the marriage is dissolved in court, then the claim for recognition of such a marriage invalid can be considered by the court, subject to the cancellation of the decision to dissolve the marriage, since, in making such a decision, the court proceeded from the fact of the validity of the concluded marriage. According to Part 2 of Art. 209 of the Code of Civil Procedure of the Russian Federation, the facts and legal relations established by such a decision cannot be disputed by the same parties in another process.
If the marriage is dissolved in the civil registry authorities, and subsequently demands are made to annul the divorce record and to declare it invalid, the court has the right to consider these requirements in one proceeding (Article 151 of the Code of Civil Procedure of the Russian Federation).
THE CONSEQUENCES OF INVALIDATING A MARRIAGE.
The legal essence of the invalidation of a marriage is expressed in its legal consequences. Their essence lies in the fact that such a marriage does not give rise to the corresponding rights and obligations of the spouses. Recognition of a marriage as invalid makes it possible not only, as a divorce, to terminate the legal relationship arising from the marriage for the future. But also to restore the situation that existed before the marriage contracted (in particular. The spouses lose the right to a common surname, common citizenship, the right to use each other’s home , the right to mutual maintenance (alimony), etc.). The exception is the rights of children and the rights of bona fide spouses (see comments to paragraphs 3, 4 of the commented article).
The issue of property acquired during such a wedding regulated in a special way. The legal regime of such property governed not by the norms of family law on joint property of spouses, but by the norms of civil law on shared ownership.
If the spouses, whose weddinge was declared invalid, entered into a marriage contract (see comments to Articles 40 – 42), then it is also recognized as invalid. In this case, this is due to the fact that a wedding is an indispensable condition for the conclusion of such an agreement. Therefore, the recognition of wedding as invalid automatically entails the invalidity of the contract itself.
The invalidation of a marriage
The invalidation of a wedding does not affect the rights of children born in such a wedding. It follows from this that children born in a wedding recognized as invalid or within three hundred days (this period is considered the maximum period for carrying a child) from the date of its invalidation have the same rights as children born in marriage. In particular, it is assumed that the child’s father is the husband of the child’s mother, who must bear the corresponding obligations arising from his paternity, including alimony obligations. At the same time, the presumption of paternity can challenged in court in accordance with Art. 52 of the RF IC (see the commentary to it).
The rights of the so-called bona fide spouse, i.e. the spouse who did not know about the existence of circumstances preventing the conclusion of a wedding. Which later recognized as invalid, and should not have known about them. In particular, the court, in accordance with paragraph 4 of Art. 30 of the RF IC (see the commentary to it) has the right to recognize for such a spouse the right to receive alimony, apply the norms of family law on common joint property to the spouses’ property and recognize the wedding contract in whole or in part as valid.
SAMPLE APPLICATION FOR DECLARING A MARRIAGE INVALID.
To the magistrate of the judicial section
N ___________ district ___________
The address: _________________________
The address: _________________________
STATEMENT OF CLAIM
invalidation of marriage “___” __________ _____ I entered into a marriage with the defendant (s), which
registered with _________________________________________________________
(name of the registration authority)
- ______________________. We have no children from marriage. Marital relationship between
we terminated in _________________________________ entered (entered) into marriage with me, not having
(Full name of the defendant)
intentions to start a family, guided by the motive of obtaining registration.
In _______________ ____, I completed the permanent registration of the respondent (s)
at your place of residence at: __________________________________
Immediately after receiving registration __________________________________
(actions of the defendant (s), indicating the absence
intentions to start a family)
Based on the foregoing and in accordance with Art. 27 Family
RF Code, Art. Art. 22, 23, 131, 132 Code of Civil Procedure of the Russian Federation
- Recognize my marriage to ________________________________________________
(Full name of the defendant (s))
invalid by canceling act entry N ____________________________
from “__” __________ ____ on registration of marriage in ___________________________
- Call witnesses who can confirm the circumstances,
stated in the application: ___________________________________________________
(Names of witnesses,
place of residence)
- A copy of the statement of claim to the defendant.
- Original marriage certificate.
- A copy of the marriage record ______________ and ____________.
- Receipt of payment of state duty.
“__” __________ ____ _______________
WE ARE READY TO PROVIDE YOU WITH THE FOLLOWING SERVICES IN CASES OF INVALIDATION OF MARRIAGE:
Wedding invalidation disputes are complex and require legal knowledge and experience in resolving such disputes. Our lawyers have this knowledge and experience! If it is really important for you to quickly and competently consider your case. So that you not deceived and the court declares your wedding invalid (does not recognize it), without prejudice to your interests, please contact us. We will help you!
- Conducting pre-trial proceedings
Our lawyers will develop a strategy of defense that is beneficial for you. They will conduct conciliation procedures with the second party. They will identify the possibility of resolving the dispute in your favor.
- Preparing the case for trial
If it is impossible to resolve your issue out of court, our lawyers will draw up a competent statement of claim and prepare the necessary documents for the trial.
- Protection of your rights in court
Our lawyers will defend your rights in court, prepare the necessary petitions and requests, develop a settlement agreement and take other necessary actions to protect your rights in court.