Remember the student, the Komsomol and, finally, just a beauty, the heroine of the film "The Caucasian Captive"? That's because she had an ill luck, to marry under compulsion, without consent and without love. But lucky still beautiful, rescued her brave Shurik, and not that ... Although, and what actually could happen? Well, she would have married, and after a while she would have filed a lawsuit in court, so they say, and so, under the compulsion of this event happened, it should be corrected ...
Life - a thing unpredictable, and marriage - even more so. Someone is marrying for love, someone by calculation, and someone was deceived, forced, and said: "It was so!". The last, of course, a joke.
But what to do in a situation where one of the spouses still requires to recognize the marriage as invalid, let's see. First, the procedure for recognizing a void is fundamentally different from the dissolution of marriage (divorce). Despite the fact that both these processes are being handled in court, the process of making court decisions and the consequences of marriage, or rather, its "gap", will be different. Secondly, it's easier to get divorced from a spouse than to find the necessary evidence of the invalidity of a marriage, correctly write up a statement of claim, do not forget about the state fee and the "round" amount that you give to a lawyer for family matters, without which, alas, .
Before proceeding with this procedure, it is important to decide for yourself whether you want this, and whether it will be good for you. And further it is necessary to find out how to recognize the marriage as invalid.
And on what, in fact, the basis ..?
If you still decided on this step, then the grounds for recognizing the marriage as invalid are necessary. There are certain conditions, observance of which is compulsory at the time of marriage. The recognition of a void is carried out by a court decision in the event that these conditions were violated.
The conditions for recognizing a marriage as invalid may be as follows:
- forced marriage. The marriage entered, but it turned out that there was no voluntary consent to marry, apparently, the devil took it;
- marriage, where the minor spouse did not have / had the permission of the local government;
- in case the person / persons are already in another registered marriage. What can I say, forgot, probably, about their first marriage or taste entered;
- marriage between close relatives;
- marriage between persons who are in the relationship of the adopted person and the adopter;
- marriage with an incompetent citizen whose incapacity is recognized by the court;
- marriage with a person who has a disease such as HIV infection or a sexually transmitted disease and who has withheld from another person this fact;
- a fictitious marriage, where the person / persons married without the intention to create a family. Maybe a propiska urgently needed or something else, that's decided to help a friend ...
The main thing is to remember that you will not be able to recognize your marriage as invalid for mercenary motives. The law is aimed at suppressing such attempts. This is punishable and can not be appealed. Of course, if you still really want, try - do not torture, take a chance. But do not say later that you were not warned ...
Summing up
When the marriage is considered void and all problems of this procedure have already exhausted themselves, it's time to think about the consequences. Undoubtedly, besides the nervous breakdown and broken dishes, there will be other consequences of recognizing the marriage void. Let's consider these consequences from the point of view of legal relations:
- first, all rights and obligations caused by the invalid marriage cease to exist, and new ones, caused by the termination of such relations, do not arise;
- Secondly, the invalidity of marriage does not affect the rights of children born in wedlock, the consequence of this can be responsibilities for material maintenance and alimony;
- thirdly, the division of the property of the spouses in the recognition of marriage is invalid otherwise than in the case of divorce. The property will be treated as an equity. With this question you will have to understand long and painstakingly. In addition, without a good lawyer, there is clearly a need ...
Here it is, the long-awaited moment when your marriage is completely annulled. After the court found it invalid, you can breathe peacefully. And later, when filling out any documents, in the column "marital status", you can safely indicate that you were not married. With what we congratulate you. And what, did not you want this?