Head of family law practice
An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.
Invalidation of a marriage
Annulment of marriage differs from divorce: dissolution terminates a legal marriage for the future, while invalidity means that due to violations of registration conditions, the rights and obligations of the spouses, as a general rule, did not arise from the very beginning.
Depending on the grounds, the act record is either annulled by the state registry office or the marriage is declared invalid by a court decision.
Grounds for declaring a marriage invalid
The basis for declaring a marriage invalid is a violation of the requirements of Articles 22, 24–26 of the Family Code of Ukraine.
The law provides for the following main cases:
- marriage with a person who is simultaneously in another registered marriage;
- marriage between direct relatives, biological brother and sister;
- marriage with a person who was declared incapacitated before registration;
- lack of free consent due to violence, severe mental disorder, intoxication, or another state in which the person did not realize the meaning of their actions;
- fictitious marriage registered without the intention to create a family;
- certain cases of marriage between an adoptive parent and an adopted person, other close relatives, as well as concealment of a serious or dangerous illness.
For a marriage to be recognized as fictitious, separate living alone is not enough. The court evaluates the intentions of the parties on the date of registration, joint household, correspondence, financial relations, witness statements, and the purpose of formalizing the marriage.
How declaring a marriage invalid differs from divorce
After a divorce, the rights and obligations that existed during the marriage are not disputed. An invalid marriage is considered as such from the day of its state registration.
Because of this, the property regime, the right to maintenance, inheritance, and the use of housing change.
At the same time, the court can protect a person acting in good faith who did not know and could not have known about the obstacles to the marriage, including preserving their right to property division according to spousal rules, alimony, housing, or the chosen surname.
Advantages of cooperation with “Prikhodko & Partners”
- we determine the proper procedure: a lawsuit to the court, an application to the state registry office, or another method of protection;
- we form an evidentiary strategy specifically for the particular ground of invalidity;
- we assess property, inheritance, housing, and migration consequences before filing a lawsuit;
- we individually agree on the scope of services, stages, and terms of the contract;
- we ensure the confidentiality of family circumstances and the legal security of the client.
Procedure for appealing to the court
- Analysis of circumstances and determination of the legal basis for marriage invalidity.
- Collection of evidence: registry office documents, medical materials, court decisions, correspondence, photos, financial documents, and testimony.
- Preparation of a statement of claim indicating the parties, circumstances, evidence, and legal consequences that the plaintiff asks to apply.
- Judicial review, examination of evidence and explanations of participants.
- Obtaining a decision, its entry into legal force, and making changes to the marriage act record.
Documents for filing a lawsuit
- passport data and RNOKPP of the plaintiff;
- marriage certificate or an extract from the register of acts of civil status;
- evidence of the presence of a specific ground for invalidity;
- information about the defendant’s place of residence;
- document on payment of court fee;
- lawyer’s warrant — in case of representation.
The exact package depends on the circumstances. In cases of fictitious marriage, the combination of indirect evidence is often decisive, rather than a single document.
Legal consequences of declaring a marriage invalid
- property is not automatically considered joint community property and may be divided according to the actual contribution of the parties;
- a person generally loses the rights of a husband or wife to maintenance and inheritance;
- the question of changing the surname acquired during marriage registration may arise;
- declaring a marriage invalid does not affect the rights of children: paternity, alimony, and inheritance rights are preserved;
- a marriage can be declared invalid even after divorce or the death of one of the spouses, if a legal interest exists.
Stages of cooperation with a lawyer
Work begins with a consultation and analysis of documents. Next, the lawyer determines the goals and prospects of the case, agrees on the terms of the contract with the client, prepares the lawsuit and evidence, represents interests in court, and controls the entry of changes into registers after receiving the decision.
Cost of lawyer’s services in cases of marriage invalidity
The cost depends on the complexity of the grounds, the volume of evidence, the number of court sessions, the presence of a property or inheritance dispute, a foreign element, and the need to request documents.
The client can order a consultation, preparation of a lawsuit, or comprehensive support. The scope of work and payment procedure are fixed in the contract before the start of service provision.
| Service | Content | Price format |
| Consultation | Assessment of grounds and risks | By complexity of consultation |
| Preparation of lawsuit | Legal position, lawsuit, list of evidence | By volume of materials |
| Judicial support | Documents and participation in sessions | Fixed or in stages |
| Foreign element | Translation, legalization, jurisdiction | Individually |
Conclusion
Marriage invalidity requires a correctly chosen procedure and a convincing evidentiary base.
Lawyers of “Prikhodko & Partners” will help evaluate the prospects of the case, prepare documents, and protect the personal, property, and inheritance rights of the client.
Calculate the cost of services
1 question
Was your marriage registered under duress?
2 question
At the time of registration of the marriage, was one of the spouses registered at a neuropsychiatric dispensary with a statutory diagnosis?
3 question
Are you in Kiev or Kiev region?
Does declaring a marriage invalid always happen through court?
No. In cases provided for by Article 39 of the FC of Ukraine, the act record is annulled by the state registry office. Disputed grounds, in particular fictitiousness or lack of free consent, are established by the court.
Does the invalidity of marriage affect the rights of children?
No. The rights of children born in such a marriage are preserved in full.
Can a lawsuit be filed after the death of one of the spouses?
Yes, if there is a legal interest, for example, protection of inheritance rights, and legal grounds are present.
What evidence confirms a fictitious marriage?
Correspondence, witness testimony, lack of a joint household, financial participation, joint plans, and other evidence of the lack of intent to create a family.
How is property divided after a marriage is declared invalid?
Usually according to the rules of joint partial ownership based on the contribution of each party. For a person acting in good faith, the court may apply guarantees provided for spouses.
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