Criminal responsibility for fictitious marriage

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Kovalev Artem

Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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Criminal responsibility for fictitious marriage

Reading time: 3 min.

A fictitious marriage, as a phenomenon, is not only a moral, but also a legal problem in Ukraine. It is noted that this practice can have serious legal consequences, including criminal liability. In this text, we will consider the essence of fictitious marriage and what measures are provided by Ukrainian legislation to combat this phenomenon.


What is a sham marriage

A fictitious marriage is a legally invalid marriage concluded not with the purpose of creating a real family, but to obtain certain advantages or benefits.

In other words, it is a marriage entered into for the purpose of obtaining certain benefits, such as citizenship, residency, financial or immigration benefits.

One of the parties in a fictitious marriage may agree to this agreement for a certain benefit or under pressure of circumstances. Usually, such agreements are legally void, because the marriage must be based on mutual love and the desire to create a real family.

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Is there criminal liability in Ukraine for a fictitious marriage?

In modern Ukrainian legislation, there is no criminal liability specifically for a fictitious marriage. But sometimes the court may consider cases such as “Fraud to obtain Ukrainian citizenship by concluding a fictitious marriage.” In this case, “legalized” foreigners are prosecuted and forcibly returned to their countries of origin, and illegally obtained documents are canceled.

Sometimes the migration service and other state bodies can incorrectly indicate the specifics of the case and scare citizens with a real term behind bars for concluding a fictitious marriage. But currently no such punishment is provided. It is important to immediately contact a lawyer who will be able not only to competently reclassify the case, but also to smooth the situation as much as possible.

You can also face criminal prosecution for a fictitious marriage in other countries.


In what cases may a lawyer be needed?

Situations related to criminal liability for sham marriage can be complex and require professional legal assistance. Therefore, it is important to note in which cases a lawyer may be needed:

  • Accused of a marriage of convenience: If you or your client is accused of a marriage of convenience and facing criminal charges, an attorney can provide the necessary legal advice and defense in court.
  • Violation of Criminal Investigation Procedures: If the rights of a suspect or accused are violated during an investigation, a lawyer can intervene to ensure a fair trial and exclude inadmissible evidence.
  • Appeals: If you or your client is found guilty of a marriage of convenience, an attorney can represent you at the appellate level to review the decision and determine the correct application of the law.

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Our law firm is always ready to help

Our legal company “Prykhodko and Partners” has many years of experience in the field of criminal and other areas of law and provides qualified assistance in cases related to fictitious marriage. Our lawyers carefully study each case, taking into account all its nuances and peculiarities.

We are ready to provide our clients with professional support during the investigation, as well as in court. Our goal is to provide our clients with the highest level of legal protection and help them obtain a fair resolution.

Do not hesitate to contact us if you have any questions or need legal assistance. We are always ready to take your side and help you.

Our mission is to ensure legal justice and protection of the rights of our clients in all circumstances.
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