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.

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Invalidation of a marriage

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

  1. Analysis of circumstances and determination of the legal basis for marriage invalidity.
  2. Collection of evidence: registry office documents, medical materials, court decisions, correspondence, photos, financial documents, and testimony.
  3. Preparation of a statement of claim indicating the parties, circumstances, evidence, and legal consequences that the plaintiff asks to apply.
  4. Judicial review, examination of evidence and explanations of participants.
  5. 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.

It will also be useful: DIVORCE LAWYER

Legal consequences of declaring a marriage invalid

  1. property is not automatically considered joint community property and may be divided according to the actual contribution of the parties;
  2. a person generally loses the rights of a husband or wife to maintenance and inheritance;
  3. the question of changing the surname acquired during marriage registration may arise;
  4. declaring a marriage invalid does not affect the rights of children: paternity, alimony, and inheritance rights are preserved;
  5. 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?

Yes
No

2 question

At the time of registration of the marriage, was one of the spouses registered at a neuropsychiatric dispensary with a statutory diagnosis?

Yes
No

3 question

Are you in Kiev or Kiev region?

Yes
No
Frequently Asked Questions regarding declaring a marriage invalid

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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Family law

A claim for guardianship A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment A guardianship lawyer A lawsuit to declare a person incapable A statement of claim for recognition of a person as having lost the right to use residential premises A statement of claim for the recognition of a person with limited legal capacity A statement of claim to declare a person incapable Accompaniment of a lawyer in the children’s service Accompanying a person who needs constant care abroad Adoption of an adult Adoption of the wife’s child from the first marriage Agreement on maintenance and education of a child Agreement on the division of marital property Annulment of birth certificate Apostille and consular legalization of inheritance documents APOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE Apostille for death certificate Apostille on the birth certificate APOSTILLE ON THE DECISION OF THE COURT Apostille on the marriage certificate Appeal against a court decision on divorce Appeal against the decision of the Medical and social expert commission Appeal against the refusal to register permanent care Appeal of inheritance contract Appealing a court decision on deprivation of parental rights Appealing the decisions and actions of the notary when registering the inheritance Applying for a deferment for a guardian of a person with a disability Arrange permanent care for an elderly person Automatic acceptance of inheritance Care on a non-professional basis for parents Certificate of child maintenance by stepfather Certificate of establishment of the fact of providing care for obtaining a deferral Certificate of last place of residence of the deceased CERTIFICATE OF PARENTS OF A LARGE FAMILY AS A BASIS FOR CROSSING THE BORDER CERTIFICATE OF THE FATHER OF MANY CHILDREN IF CHILDREN ARE FROM DIFFERENT MARRIAGES Challenge a will Change of surname to maiden name after divorce Changing a child’s last name during adoption Changing the child’s last name Changing the child’s surname without the consent of the father Changing the surname of a child up to 14 years old Claim for property division COLLECTION OF ALIMONY Collection of alimony from a person residing abroad Collection of alimony from seafarers abroad Conclusion of a marriage contract CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE Conclusion of the MAC on the need for permanent external care Confirmation of independent maintenance of the child Constant care for a wife with disability group II Consultation of a lawyer on issues of surrogacy in Ukraine Contesting paternity and excluding information from the child’s birth record Contesting the gift contract Crossing the border on the basis of the act of establishing the fact of providing care Custody of the property of a person who is recognized as missing Declaration of a missing person Declaring a relative missing Deferral from mobilization based on the conclusion of the MAC Deprivation of parental rights Deprivation of parental rights abroad Deprivation of the mother’s parental rights Dissolution of marriage at the registry office or through the court Distribution of property upon divorce in Ukraine Division of foreign assets upon divorce Division of marital property: Crypto assets Division of property in case of divorce DIVISION OF PROPERTY IN DIVORCE DIVORCE Divorce if one of the spouses disappeared during hostilities Divorce online DIVORCE SERVICES Divorce without the presence of one of the spouses Establishing a legal fact in court in accordance with Ukrainian legislation Establishing custody of the child Establishing guardianship over a child through the court Establishing or challenging paternity Establishing paternity after the death of a military person Establishing paternity through the court Establishing the fact of child maintenance ESTABLISHING THE FACT OF DEATH IN TEMPORARY OCCUPATED TERRITORIES Establishing the fact of family relations Establishing the fact of family relationships to receive compensation in connection with the death of a serviceman Establishing the fact of family ties through the court Establishing the fact of living as one family Establishing the fact of living in the same family with the testator Establishing the fact of non-acceptance of inheritance Establishing the fact of paternity Establishing the fact of paternity after death Establishing the fact that the child is maintained by the stepfather Establishing the order of participation in raising a child ESTABLISHMENT OF FUNDS AND TRUSTS Establishment of guardianship Establishment of guardianship in court Establishment of guardianship over a disabled person of the 2nd group Establishment of guardianship over an elderly person Establishment of guardianship over an incapacitated person Establishment of guardianship over the mother Establishment of guardianship over the property of an incapacitated person Establishment of the fact of independent upbringing of the child by the father Estate Litigation Attorney Exemption from paying alimony Extension of the deadline for accepting an inheritance Family lawyer in Germany: protecting the interests of ukrainian citizens FAMILY LAWYER IN ITALY FOR UKRAINIANS Family mediation (mediation in family disputes) Fast increasing the amount of child support Gift agreement between relatives Gift agreement for a minor child Guardianship of an incapacitated person Guardianship of disabled parents Guardianship over parents as a basis for postponement Heritage with a foreign element How to establish the fact of residence by one family? Inheritance disputes Inheritance in Ukraine for Ukrainian citizens living abroad Inheritance lawyer abroad INHERITANCE OF BANK DEPOSITS Invalidation of a marriage Issuance of duplicate certificates and extracts from the Civil Registry Office Legal support for marriage registration in Ukraine Legal support for the adoption of a child Legal support of surrogate motherhood Legalization of a divorce certificate issued abroad Legalization of a marriage concluded abroad Legalization of a marriage concluded in Poland Making changes to the act record of the birth of a child Marriage certificate abroad Marriage contract Marriage contract with a foreigner MARRIAGE DISSOLUTION SERVICES ABROAD Marriage registration under martial law Notarized agreement on child support and upbringing Obtaining a border crossing permit in EU countries for minor children OBTAINING A CERTIFICATE OF A FATHER WITH MANY CHILDREN Obtaining a certificate of MAC on permanent care Obtaining a certificate of marital status Obtaining a death certificate Obtaining a duplicate birth certificate Obtaining a marriage certificate again Obtaining a MSEC certificate of disability Obtaining the conclusion of the Medical Advisory Committee: stages, necessary documents and step-by-step legal assistance Obtaining the MAC Conclusion in form 080-4/o Permanent care for a disabled person of the 1st group Permanent care for a disabled person of the 2nd group as a basis for postponement Permanent care for an elderly person. Postponement Probate lawyer PROCEDURE FOR CARE OF THE DISABLED GROUP 2 Procedure for establishing guardianship Proving the fact of maintenance of an illegitimate child Provision of care for children with disabilities in Ukraine Receiving an inheritance in Ukraine if you are abroad Receiving compensation by the heir for damaged or destroyed property Recognition of a foreign divorce decree in Ukraine Recognition of a person as incapable and appointment of a guardian RECOGNITION OF A PERSON AS MISSING OR DECEASED Recognition of a person as partially disabled Recognition of inheritance as dead Recognition of ownership rights over the deceased Recognition of paternity for the collection of alimony abroad Recognition of paternity through the State Civil Registry Office Recognition of the right to inheritance Reduction of alimony Refusal of inheritance in favor of another person Registration of a child born through reproductive medicine REGISTRATION OF A DONATION (DONATION AGREEMENT) Registration of care for a father: algorithm of actions Registration of care on a non-professional basis Registration of divorce abroad Registration of guardianship over a disabled child Registration of guardianship over a disabled person of the 1st group Registration of guardianship over a disabled person of the 2nd group Registration of guardianship over an elderly person Registration of inheritance Registration of inheritance in the occupied territory REGISTRATION OF PERMANENT CARE – 2025 Registration of permanent care for the wife REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS Registration of the birth of a child in the occupied territory Registration of the birth of a child in the surrogate motherhood program in Ukraine Reissue of marriage certificate Removal of seizure from immovable property in an inheritance case Renewal of parental rights Renewal of permanent care Renewal of the birth certificate Representation in the guardianship and guardianship authorities REPRODUCTIVE MEDICINE LAWYER Restriction of parental rights Return of the child to the parents Returning a child to parents from social services abroad Setting a schedule of visits with your child Statement of claim for collection of alimony for a child Statement of claim for deprivation of parental rights Statement of claim for the adoption of a child Statement of claim for the removal of seizure from inherited property Support for divorce in Poland Support for registration of marriage with a military man Support in determining the place of residence of a child with his biological father Surname change after marriage with a foreigner Termination of parental rights by father’s consent THE TRANSFER OF LAND BY INHERITANCE THE TRANSFER OF REAL ESTATE TO INHERITANCE Travel abroad of a guardian of a disabled child Travel abroad of a guardian of an incapacitated person Turnkey divorce URGENT DIVORCE Voluntary relinquishment of parental rights