Invalidity of marriage and consequences of recognition of marriage as invalid

All the consequences that arise in people as a result of marriage, are annulled and the marriage is recognized as invalid:

• If the legal norms of the conditions on which the marriage was violated are violated.

• In the event that there is no mutual consent for marriage.

Violations in the manner prescribed by law are the circumstances under which a person is deceived, deceived, incapable of marrying, or there are hidden from the partner reasons that impede the union. In all these cases, there is reason to recognize the invalidity of marriage. For a court considering such cases, it is not so much a concrete reason that matters as much as the existence of circumstances that prevent the continuation of marital relations. Such reasons can be:

• Bigamy, when there is already a registered marriage.

• Presence of close relationship.

• If people are in the status of adopter and adopted.

• Disability of citizens.

• The presence of a sexually transmitted disease or HIV infection that is hidden from the partner.

The statute of limitations for such cases is not provided, except for cases with sexually transmitted diseases or the presence of HIV infection. Then to apply to the court with a statement to recognize the invalidity of marriage, is given one year from the moment the citizen learned of the illness.

The court can make a positive decision on the invalidity of the registration act when the divorce has already been left in the past, that is, after it. But this happens rarely, as a rule, in those cases when there are close related relations. The annulled record of marriage (marriage is recognized as never existed) is the effect of recognizing a marriage as invalid. If the marriage contract was signed , it also becomes invalid. Then each of the parties returns all received in the period of invalid marriage, including property, to its original state. In case this is not possible, the value of things returns in money.

Invalid marriage and property disputes

If disputes arise over the division of property, they are decided in court. The court is guided by the provisions of the Civil Code on shared, rather than joint ownership. An exception to the provision that the invalidity of marriage eliminates all legal consequences is that the court may recover from the guilty party funds for the maintenance of the spouse whose rights have been violated, as a result of an unfair marriage, as well as compensation for the losses incurred.

The court's decision is aimed at protecting the rights and interests of a conscientious spouse. He has the right to make claims not only of material, but also moral compensation for those damages caused by a marriage based not on conscientious relations, but on mercantile interest.

The court may not recognize the marriage as invalid

There may be some circumstances that eliminate the invalidity of marriage. They are not always unconditional. If by the time the trial is ordered, the circumstances on which the invalidity of the marriage is recognized are being eliminated, the court may well recognize the marriage as valid and valid. For example, the conclusion of marriage by a citizen who has not reached the legal age is, in law, grounds for the cancellation of registration. But taking into account the interests of the spouses, the court can refuse to make a positive decision on the suit.

Also, one can not count on the recognition of marriage as fictitious, and therefore invalid, if before the lawsuit was filed, the spouses actually lived together, one family, for several years. Despite the fact that there was some interest in one of the parties, people actually created a full-fledged family.

If in a marriage that is subsequently declared invalid, children are born (or were born 300 days after the court decision), then their rights are accounted for and implemented in full. They are equated with children born in a lawful marriage and have all the rights of legal heirs.