Lawyer in the case of 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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Lawyer in the case of fictitious marriage

Reading time: 3 min.

Marriage, as the main institution of society, is a complex social phenomenon, seemingly based on mutual understanding, trust and mutual love. However, in today's world, there is an increasing number of cases where marriage is used as a tool for deception and obtaining illegal advantages.

 

Marriage of convenience, or "marriage of destination," is a phenomenon where the parties enter into marriage not with the purpose of creating a family or mutual love, but, on the contrary, with the purpose of achieving specific selfish goals, such as obtaining citizenship, right of residence, or other benefits .

The issue of fictitious marriage is becoming more and more provocative in the modern world, as it concerns not only personal relationships, but also the sphere of migration, human rights and justice. This problem has serious social and legal consequences, requiring attention and professional intervention.

Legal basis and legislation

A marriage of convenience is a serious legal offense that has important legal consequences. In Ukraine, issues related to fictitious marriage are regulated by the Code of Laws on Marriage and Family. Articles 52-54 of this code define the requirements for marriage registration and define the types of invalid marriages, in particular fictitious marriage.

 

Features of fictitious marriage

  • A marriage of convenience is often discovered during the investigation of another legal matter, such as citizenship or immigration matters. A sham marriage attorney must carefully examine the details of the case, including the circumstances of the marriage, evidence of cohabitation, and the motivations of the parties.
  • A sham marriage can lead to serious legal consequences for the parties. The court can declare the marriage invalid, and the parties will be responsible for their actions before the law. This may include administrative fines, loss of right of residence or citizenship, and criminal liability for deception or fraud.

The role of the lawyer in the case of fictitious marriage

Ukrainian legislation protects the right to a valid and legally recognized marriage. However, when there is a suspicion of a fictitious marriage, a lawyer acts as an important link in protecting the interests of his client. Let's consider the key aspects of the lawyer's role in the case of sham marriage.

  • Expert analysis of evidence. A lawyer in a sham marriage case must conduct a detailed analysis of all available evidence. This includes checking the testimony of witnesses, examining documentation that may indicate the actual nature of the marriage, and investigating all circumstances that may affect the recognition of the marriage as fictitious.
  • Strategic defense planning. Based on the received data, the lawyer develops a strategy to protect his client. This may include building the evidence base, defining legal arguments, and identifying the opponent's weaknesses.
  • Participation in the legal process. The lawyer represents the interests of the client in the legal process. He acts as a professional defense attorney, trying to convince the court that the marriage is not fictitious or, on the contrary, that the discovered facts are sufficient grounds for recognizing the marriage as such.
  • Mediation and mediation. In some cases, where the facts of a fictitious marriage may be obvious, a lawyer can use mediation and mediation to resolve the case out of court.

A fictitious marriage lawyer plays a key role in protecting the rights of his client and effectively resolving legal issues related to fictitious marriage. Knowledge of legislation and experience in solving similar cases allow lawyers to successfully represent clients' interests in court and extrajudicial procedures.
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