The grounds for recognizing the marriage are invalid

The grounds for recognizing the marriage are invalid

The conditions for concluding a 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 the 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 impeding grounds. Such a marriage can be declared invalid in court.

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Conditions for recognizing a marriage as invalid

The conditions for concluding a marriage are specified in the Family Code of Ukraine. Such norms are necessary to ensure the strength and stability of the marriage. Their violation indicates that the union may be recognized as illegal after its conclusion, if it turns out that these conditions were violated.

Conclusion of a marriage occurs subject to a number of basic conditions:

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

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

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Signs that indicate that the decision on the part of the spouse is not voluntary include:

  • threats, including psychophysical influences;
  • actions of a deceptive nature;
  • inability to control one’s actions and adequately perceive them (for example, when intoxicated);
  • misleading information 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), the 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 at the registration of the marriage;
  • the impossibility of entering into a 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 instructions have been met. However, if the grooms manage to deceive the employees of the state body and hide information that prevents the registration of the relationship, it will be possible to recognize such a marriage as invalid from the moment of its conclusion only in court. Until this happens, the marriage will be considered valid.

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