Sulyk Roman

Head of family law practice

E-mail

sulyk@prikhodko.com.ua

Phone numbers

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

Invalid marriage — is a marriage that is legally considered null and void from the beginning. It is as if it was never concluded.

This means that all the consequences associated with such a marriage (property, personal, etc.) lose their force.

Why can a marriage be declared invalid?

There are several reasons why a marriage can be declared invalid.

Let’s consider them in more detail:

Underage marriageable age

What does this mean: If at the time of marriage at least one of the spouses has not reached the marriageable age established by law, the marriage may be declared invalid.
Why is this important: The laws of many countries set a minimum age for marriage to protect minors from hasty decisions and to ensure their physical and psychological development.

Kinship or kinship

What does this mean: Marriage between persons within certain degrees of kinship (e.g., parents and children, siblings) or consanguinity (e.g., son-in-law and mother-in-law) is generally prohibited by law.
Why is this important: Such restrictions are established to preserve the moral foundations of society and prevent possible social problems.

Previous undissolved marriage

What does this mean: If one of the spouses at the time of the new marriage was already in a registered marriage that was not officially dissolved, the new marriage will be considered invalid.
Why is this important: This rule is aimed at protecting the institution of marriage and preventing polygamy.

Invalidity of consent

What does this mean: If the consent of one of the spouses to enter into marriage was obtained as a result of deception, violence, threats or other illegal actions, the marriage may be declared invalid.
Why is this important: Voluntariness is one of the main conditions for entering into marriage. If consent was given involuntarily, the marriage cannot be considered legal.

Severe mental illness

What does this mean: If at the time of the marriage, one of the spouses suffered from a serious mental illness that made him unable to realize the significance of his actions, the marriage may be declared invalid.
Why is this important: This ground protects the rights of persons with mental disorders and ensures fairness in family relationships.

Marriage of convenience

What does this mean: A sham marriage is concluded without the intention of creating a family, but with the aim of achieving other goals (for example, obtaining a residence permit).
Why is this important: Marriages of convenience contradict the purpose of the institution of marriage and undermine its authority.

Procedure for declaring a marriage invalid

The procedure for declaring a marriage invalid may vary depending on the specific situation and the country’s laws. It usually involves filing a lawsuit in court to declare the marriage invalid.

What is needed to file a claim:

Evidence: Collection of evidence confirming the existence of grounds for declaring the marriage invalid (testimonies, documents, etc.).
Statement of claim: Drafting a statement of claim with a clear statement of requirements.
State duty: Payment of state duty for filing a claim.

Court decision:

After considering the case, the court makes a decision to grant or deny the claim. If the claim is granted, the marriage is considered invalid from the moment of its conclusion.

Invalidation of a marriage

Why can a marriage be declared invalid?

Procedure for declaring a marriage invalid

Consequences of declaring a marriage invalid

What should be considered when declaring a marriage invalid?

Why you should contact a lawyer at the very beginning of the process:

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Andrey Prikhodko