In law enforcement practice, such a category as the presumption of the legality of marriage is used. The implication is that if a marriage is concluded and registered without violations of the law, it is considered valid and creates legal consequences until the moment when the marriage is annulled / invalidated by a court decision.
For your information! Divorce and annulment of marriage are different concepts. Unlike divorce, annulment of a marriage provides for the termination of the legal relationship between spouses completely and permanently.
How to invalidate a marriage, and how can a lawyer help here?
The grounds for recognizing the invalidity of a marriage are indicated in Chapter 5 of the Family Code of Ukraine. At the same time, depending on the circumstances, the marriage can be declared invalid in two ways:
- through the civil registry office;
If the task is to formalize the invalidity of the marriage, the help of a lawyer, at least, will be needed for consultation and clarification regarding the chances of success, as well as developing an action plan. In complicated and controversial cases, a lawyer will be able to represent the interests of clients in court until the necessary decision is obtained.
How is a marriage invalidated with the support of a lawyer at Prikhodko & Partners Law Firm?
In their practice, the company’s lawyers had to implement most of the possible algorithms to achieve the goal in such cases. We are talking about three categories of cases when a marriage is declared invalid:
by virtue of the law (in fact, it was null and void), for example – if one of the spouses has one more registered marriage relationship;
by a court decision, for example – if the wedding took place under duress or as a result of delusion, as well as if the marriage is recognized as fictitious;
as a result of dispute, for example – if the adoptive parent and the adopted person or the uncle with the niece entered into a marriage relationship.
For your information! A marriage is recognized as fictitious by analogy with a sham transaction, when the parties, when concluding an agreement, do not set the goal of real legal consequences.
If you or your relative need to go through the invalidation procedure, we are ready to help you with this!