How to Declare a Marriage Invalid?

Procedure for declaring a marriage invalid

There are two ways to annul an illegal marriage in Ukraine:

• at the registry office, by recording the corresponding entry in the Book of Registration of Civil Status Acts;
• in court, in accordance with the procedure prescribed by law, by filing a claim.

If certain violations are identified, a marriage can be declared invalid without a court decision. In this case the corresponding record is annulled, since the registration of the marital union is considered illegal a priori. For this, it is sufficient to submit an application to the registry office and provide the evidentiary basis.

Other cases where marital relations were formalized with violations must be considered exclusively in court. The court may take into account the fact that the registered union does not violate anyone’s rights and that the spouses live a normal family life. Such circumstances can allow the marriage to be recognized as valid.

What grounds can be used to declare a marriage invalid?

Out-of-court a marriage can be annulled upon identification of such violations as:

• at the time of registration one of the marrying parties was in an officially registered family relationship;
• the marriage was between direct-line relatives (this category also includes unions of full brothers and sisters);
• one of the spouses was officially declared incapacitated prior to the registration of the act.

The establishment of the illegality of registered marital relations, which means declaring the marriage invalid, is carried out by the state body acting on the application of an interested person and documents confirming the fact of the violation. The record is annulled regardless of the death of one of the spouses. This rule also applies to marriages that have already been dissolved.

As for court proceedings, grounds for declaring a marriage invalid are divided into two main categories. The first includes conditions under which the court is obliged in any case to issue the corresponding decision. In particular this concerns the registration of a marriage without the free consent of one of the spouses, as well as a sham marriage entered into without the intention to create a family.

The second category includes grounds under which the court considers the specific situation individually. A marriage may be declared invalid if it was registered between:

• a person who adopted a child and their ward, if the adoption had not been annulled in the manner prescribed by law;
• first cousins (the same applies to relationships between aunts/uncles and nephews/nieces);
• two persons, one of whom concealed information about their serious illness or did not disclose an illness that is dangerous to other family members;
• an adult citizen and a person who does not have the right to marry due to their age.

During court proceedings, a marriage may be declared invalid if at the time of registration one of the spouses:

• was under the influence of alcohol or drugs;
• was registered in a psychoneurological dispensary with an established diagnosis;
• was subjected to physical or psychological pressure from outside.

Who can apply to court with a claim to declare a marriage invalid?

The examination of the legality of a marriage can be initiated not only by one of the spouses but also by a third interested party. It is permitted to file a claim on behalf of the parents of a minor citizen, a guardian or custodian, or guardianship authorities. In addition, court proceedings on a case to declare a marriage invalid may be opened on the basis of a prosecutor’s application.

Features of drafting and submitting a claim

A properly drafted claim should provide the court with the following information:

• all information about the concluded marriage which, in the plaintiff’s opinion, is illegal;
• a list of documents that give the applicant the right to approach the court with a request to declare the marriage invalid;
• substantial grounds justifying the initiation of court proceedings.

The claim is filed in the court at the defendant’s place of residence, with mandatory notification of the defendant about the date and place of the hearing.

Documents required to declare a marriage invalid

Our company’s lawyers are ready not only to help you draft the claim in accordance with established norms, but also to advise on the documents attached to the claim, among which are:

• marriage certificate (original);
• copies of both spouses’ passports or the defendant’s details if a third party files the claim;
• medical certificates, a copy of the guardian appointment decision, the adoption certificate and other documents confirming the fact of the violation.

For more detailed information about the services provided by our lawyers on the issue of declaring a marriage invalid, see here: Recognition of marriage as invalid .

Court proceedings and consequences of annulment of marriage

After all circumstances have been examined during the case, the court issues a decision which is influenced, among other things, by the following factors:

• the duration of marital relations;
• objectively confirmed cohabitation of the spouses, implying a shared household;
• the existence of joint children born both during the marriage and before it;
• the grounds asserted by the plaintiff, and the evidence provided that indicate the failure of the marital union.

The legal consequences of declaring a marriage invalid do not involve the application of the provisions of the Family Code and other laws of Ukraine concerning persons who were in an officially registered marriage. Property acquired during an illegal marriage in this case belongs to both parties as shared co-ownership. The right to live together is annulled, and the defendant may be evicted from the plaintiff’s dwelling. A person who paid alimony to someone with whom they were in an illegal marriage has the right to claim that there was insufficient legal basis for such payments and demand the return of a certain amount of money.

On these and other issues related to the procedure for declaring a marriage invalid, our competent lawyers with extensive experience in handling such cases are ready to advise you.