Recognition of a Marriage as Invalid in Kyiv

Grounds for Recognizing a Marriage as Invalid

The procedure and consequences of recognizing a marriage as invalid are significantly different from the procedure and consequences of divorce. If the marriage between spouses is declared invalid, in legal terms this means that the spouses completely lack marital rights and obligations. Depending on the circumstances, recognition of a marriage as invalid may be possible if:

• recognition of the invalidity of the marriage is directly stipulated by the law of Ukraine (Art.39);
• there are grounds for the marriage to be annulled by a court (Art.40);
• there are grounds under which a court may recognize the marriage as invalid (but at the same time may also decide not to).

Contact us

Natalia Chatskis Senior Partner

1.  
2.  
3.  
4.  
5.  
6.  
7.  
8.  

‹ ›

We want to take a closer look at the grounds that contribute to annulment of a marriage. They can be conditionally divided into three groups:

In any case, cases on recognizing a marriage as invalid require knowledge of many nuances and specifics. The specialists of our firm are always ready to assist in resolving your issues and protect the interests of their clients.

The court cannot declare a marriage invalid in the following cases:

• If, at the time of the court hearing, the circumstances that confirmed the lack of consent of the person to enter into the marriage or their unwillingness to create a family have ceased to exist. For example, if the spouse who entered into marriage while a minor has turned 18, or he has obtained permission from his parents.
• If family relationships have arisen as a result of entering into the marriage.
• If the wife became pregnant after the wedding or the spouses had a joint child born.

According to Article 42 of the Family Code of Ukraine, the following may file a lawsuit to declare a marriage invalid:

• those who directly defend their rights – the husband or the wife;
• persons representing the interests of a person declared fully or partially incapacitated – parents, guardians, trustees of the incapacitated person, guardianship and custody authorities;
• third parties whose rights are violated by the marriage registration – for example, a relative of the persons who entered into the marriage;
• prosecutor’s offices – the case is initiated if there are strong reasons that the marriage was created for a criminal purpose (concealment of income).

Third parties, besides the spouses, have the right to file a lawsuit to declare the marriage invalid if their rights and interests are affected. That is, if someone else’s marriage prevents them from enjoying their material or non-material benefits, or from satisfying their individual or collective needs.

A claim for declaring a marriage invalid must contain reasoned arguments about how exactly the plaintiff’s interests are being harmed.

After annulment of the marriage, all its legal consequences are declared invalid. The spouses are deprived of mutual marital rights and obligations:

• Property acquired during the marriage is considered joint property. Ownership shares are distributed depending on the portion of funds invested in the purchase. Regardless of whose name the property (real estate, vehicles, interior items) was acquired in, the husband or wife can demand its division. Personal items (except jewelry) are not subject to division and remain in the possession of the person who used them.
• The amount of alimony received from a spouse in an invalid marriage is subject to return if there is no legal basis for it. At the same time, there is a statute of limitations – no more than 3 years. The court can recover alimony only for the last three years. Exception – alimony for the maintenance of common minor children.
• If one of the spouses moved in and was registered at the other’s residence, they must vacate the premises, otherwise they may be forcibly evicted. After all, the spouse loses the right to reside due to the annulment of the marriage.
• If the wife took the husband’s surname, she may continue to use it even after the annulment of the marriage.
• The terms of a prenuptial agreement cease to be in effect.
• Persons whose marriage is declared invalid lose inheritance rights. In the event of the death of one of the spouses, the other cannot inherit the property as a first-order heir.

Company Advantages

Cost and processing times

The fee for legal support in recognizing a marriage as invalid is set individually and depends on the duration of the court process and the complexity of the case.