Grounds for recognition of marriage are invalid

Grounds for recognition of marriage are invalid

The conditions for marriage are contained in the Family Code of Ukraine. If any of the conditions are not met, the couple is denied registration of the union. However, sometimes spouses (or one of them) manage to mislead the registry office employees, as a result of which the marriage is registered, despite the presence of obstacles. Such a marriage can be declared invalid in court. 

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Candidate of Legal Sciences
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Conditions for recognizing a marriage as invalid

The conditions for marriage are specified in the Family Code of Ukraine. Such norms are necessary to ensure the strength and stability of a marriage. Their violation means that the union may be declared illegal after its conclusion if it turns out that these conditions have been violated.

Marriage occurs subject to a number of basic conditions:

  • diametrical genders, since marriage in Ukraine can only be concluded by a “husband-woman” couple;
  • voluntary consent of both partners to register a marriage – reciprocity and voluntariness of marriage presupposes the partners making an informed and free decision, dictated by sincere feelings for each other;
  • compliance of the age of persons wishing to enter into marriage with the minimum threshold value.

If there is no voluntary consent between the partners, then the presence of such circumstances is called a vice of will. 

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Signs that indicate a non-voluntary decision on the part of the spouse include:

  • threats, including psychophysical influences;
  • acts of a deceptive nature;
  • inability to exercise control over one’s actions and adequately perceive them (for example, when intoxicated);
  • misrepresentation associated with incomplete or distorted information about a partner.

In order to establish the fact of mutual and voluntary consent of the partners (as well as the fulfillment of other conditions), official registration of the relationship is carried out only if the following requirements are met:

  • by submitting an application in writing;
  • only in the personal presence of both citizens when registering a marriage;
  • impossibility of entering into marriage by representatives of persons wishing to enter into it.

These requirements allow the registry office employees to check the circumstances of the marriage and ensure that all necessary requirements are met. However, if the grooms manage to deceive government officials and hide information that prevents the registration of the relationship, such a marriage can be declared invalid from the moment of conclusion only in court. Until this happens, the marriage will be considered valid. 

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