Example of a claim to declare a marriage invalid. Recognition of a marriage as invalid: sample statement of claim. Consideration by the court of a case on declaring a marriage invalid

A marriage is declared invalid if one of the spouses did not intend to start a family when it was concluded. The spouse whose rights have been violated has the right to submit a claim to the court to declare the marriage invalid. Such a claim is subject to the jurisdiction of the district court at the place of residence of the defendant, and is paid by the state fee for statements of claim for non-property disputes.

We offer a sample statement of claim for the invalidation of a marriage entered into without the intention of starting a family (a fictitious marriage).

IN ___________________________
(name of court)

Plaintiff: _______________________
(full name, address)

Respondent: _____________________
(full name, address)

STATEMENT OF CLAIM
on recognizing a fictitious marriage as invalid

Between me and the defendant _________ (full name of the defendant) “___”_________ ____, a marriage was registered in _________ (name of the civil registry office), about which registration record No.____ was drawn up. Since “___”_________ ____, the marriage relationship between us has actually been terminated, the family has not actually been created, and we have no children together.

After the termination of the marriage, I became aware that _________ (full name of the defendant) had no intention of starting a family with me when entering into marriage, registered the marriage for the purpose of ___________ (indicate the actions of the defendant that show that he (she) had no desire to start a family) .

The actions of the defendant violated my rights _________ (indicate what the violation of the plaintiff’s rights is).

In accordance with Article 27 of the Family Code of the Russian Federation, a marriage is declared invalid in the event of a fictitious marriage, that is, if the spouses or one of them registered a marriage without the intention of starting a family.

Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Recognize the marriage concluded between _________ (full name of the plaintiff) and _________ (full name of the defendant) as invalid.
Cancel registration record No. _____ dated “___”_________ ____, drawn up by _________ (name of the civil registry office).

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim
Document confirming payment of state duty
Marriage certificate (or a copy of the marriage certificate)
Evidence confirming that the defendant had no intention of starting a family

Date of application “___”_________ ____ Signature of the plaintiff _______

Author of the publication

Contains grounds on which the validity of a marriage can be challenged.

The fact that the union of a man and a woman was not concluded for the purpose of creating a family and living together, or in violation of the law, can only be confirmed by a judge by his decision.

The basis for considering the case is an application to the court.

From the application, the judge assigned to the case must understand:

whether the parties to the claim are correctly identified;
what event prompted the filing of the claim;
how the applicant’s rights were violated;
what the applicant wants;
whether the defendant violated the law and the rights of the plaintiff (which law and what rights were violated).

Based on the analysis of procedural legislation, it follows that each claim of the applicant must be supported by facts, and each statement must be supported by evidence. This means that the application must be accompanied by documents proving the defendant’s guilt.

Essentially, a claim is a complaint by the applicant against the actions of the defendant who violated someone else’s legal rights. The application is written as an essay: according to the plan, the circumstances of the case and the applicant’s demands are listed in chronological order.

No mandatory form is provided, but there are requirements of the Civil Procedure Code for the content of the claim and its annexes.

Structure

Everything about the structure of the claim is stated in Article 131 of the Civil Procedure Code.

Thus, according to the provisions of the article, the claim must necessarily contain:

name of the court where the application is being filed;
information about the plaintiff (full name, place of residence, registration address, telephone numbers);
information about the defendant (full name and known address);
the essence of the claim (circumstances that violated the applicant’s rights with an evidentiary basis);
list of applications.

If a representative will take part in the case, his full name and details must be indicated in the header of the application.

There is a list of mandatory items that must be attached:

paid receipt of state duty (if the applicant is a beneficiary, this fact must be indicated in the claim and supporting documents must be attached);
power of attorney (if a lawyer is involved in the case as a defense attorney).

The entire essence of the proceedings should be clear from the content, therefore the circumstances should be presented in chronological order:

when and between whom the marriage took place;
when the reasons became clear and what their essence was;
when and in what form the demands were made to the defendant for the restoration of violated rights;
how the defendant responded to the demands.

After describing the situation, you need to state your requirements, which the judge must satisfy.

In this case, it is necessary to indicate the article of the Family Code that was violated by the defendant, and the articles of the procedural code in accordance with which the claim is being filed.

There will be two requirements:

on recognition of the invalidity of marriage;
on the cancellation of an entry in the registry office register.

If you cannot obtain any evidence on your own, in your application you need to ask the court to make a request to the necessary organization so that specific documents are provided. For example, if the husband turns out to be a bigamist, you need to ask the court to order the main department of the registry office to issue a certificate of the defendant’s registered and dissolved marriages at all places of his residence.

The application must be dated and signed.

As a result of declaring a marriage invalid, legal consequences arise. More details have been written about them.

How to write correctly?

According to the norm of Article 196 of the Civil Code, all claims can be brought only within a certain statute of limitations. The general period is three years from the moment the reason for the invalidity of the marriage was revealed. That is, if you find out that your marriage has been concluded or under circumstances prohibited by the Family Code, you have three years to declare the invalidity of the marriage to a judge.

At the same time, recognition of invalidity is not at all: if the court satisfies the claim, we can assume that the family was never created.

Therefore, there will be no legal grounds for dividing the common property, the right to maintenance of the ex-wife or husband will disappear, since in fact the court recognizes that the disputants were not husband and wife all this time.

Meanwhile, the Family Code describes all the grounds on which a marriage can be considered invalid:

the bride or groom was against the wedding (Article 12);
the marriage was registered without permission from the local municipality, if at the time of the wedding the bride or groom was 18 years old (Article 13);
the fact of bigamy was revealed (at the time of the wedding, the bride or groom was already married and not divorced - Article 14);
husband and wife turned out to be close (father/mother and child, grandmother/grandfather and grandson, adoptive parent and adopted child, brother and sister, even if they have one common parent - Article 14);
the bride or groom at the time of the wedding was declared incompetent due to mental disorders;
at the time of the wedding, the bride or groom had a sexually transmitted disease or HIV infection and hid it (Article 15).

To whom and how to apply?

Before filing a claim, you first need to pay a state fee (300 rubles).

On the website of the court to which the application is being written, there is a state duty calculator and functionality for generating a receipt.

Fill out all the fields, print the receipt and pay at any bank. It is attached to the application only in the original. The remaining applications are attached in two copies. The claim must be printed in triplicate.

The application is submitted to the district or city court according to the registration (including temporary) of the defendant. If the court is located in another city, and you cannot go there for good reasons, submit an application to your court, and in the claim, additionally ask to consider the case under jurisdiction here and attach a document confirming the good reason.

For example, you can attach the child’s birth certificate, and indicate the reason for his age, which does not allow him to remain without a parent for a long time.

The claim and documents must be brought to the court office. In this case, you submit two copies of the application to the registrar, and the third will bear the date of acceptance and signature of the specialist. Take this copy for yourself.

The application can be sent by registered mail to the court's address.

In some cases, it is preferable to declare a marriage invalid instead of filing a divorce proceeding. The procedure for recognizing a fictitious marriage begins with drawing up a statement of claim. A statement of claim to recognize the marriage as fictitious, a sample of which is given on this page below, will help in its proper preparation.

This example was compiled by the best lawyers of the Law Center “Lawyer Digin, Vorotnikov and Partners”, which guarantees its compliance with modern legislative norms. Our sample is based on a specific case that was successfully resolved in court, that is, it is a valid document that takes into account all the nuances of drawing up claims.

Statement of claim for recognition of marriage as fictitious - how to draw up

A correctly drafted statement of claim consistently reflects all the circumstances of the case and evidence that one of the spouses did not set out to create a family. The sample below meets all the requirements for statements of claim and traditionally consists of three characteristic parts:

header and title of the document;
statement of the factual circumstances of the case;
a list of witnesses willing to testify;
request;
list of attached documents.

This sample is an excellent opportunity to familiarize yourself not only with the sequence of presentation of arguments, but also with the stylistics of the text that is appropriate in this case. To confirm the grounds for the invalidity of a marriage, it is also necessary to rely on the relevant articles of the Family Code of the Russian Federation.

If such requirements make it difficult to draw up an application on your own, you can get advice from a specialist or order the service of preparing court documents from MLC lawyers using the feedback form.

Babushkinsky District Court of Moscow

129281, Moscow, st. Letchika Babushkina, 39A

Plaintiff: Ivanov I.I.

Defendant: Ivanova A.A.

Address: 129323, Moscow, st. Name, number

State duty: 300 (three hundred) rubles

STATEMENT OF CLAIM

on recognizing a fictitious marriage as invalid

In the period from 2002 to 2003, the Defendant rented a room from the Plaintiff’s mother, G.A. Ivanova. (hereinafter referred to as the Plaintiff’s mother), with whom they lived together.

In May 2003, the rental agreement for the room was terminated due to systematic delays in payment for rented housing on the part of the Defendant.

On September 5, 2003, Plaintiff's mother died. During this period, the Plaintiff was in a serious mental state and needed moral and material support.

In the period from 2003 to 2006, the Defendant, taking advantage of this condition, entered into a new lease agreement with the Plaintiff (hereinafter referred to as the Agreement). In accordance with this Agreement, the Defendant undertook the obligation to compensate the Plaintiff for utility and food costs in exchange for renting a room. At the same time, the Defendant and her family members, taking advantage of the fact that the Plaintiff is shy, easily susceptible to psychological pressure, has no friends or people close to him, is in a difficult life situation and does not understand the essence of financial relations, completely occupied the apartment belonging to the Plaintiff.

Then, having learned about the upcoming demolition of dilapidated housing and the allocation of new living space, the Defendant convinced the Plaintiff that registering the marriage would allow him to significantly improve his living conditions. Thus, the Defendant convinced the Plaintiff that if more residents were registered in the apartment, the Plaintiff would be able to receive additional living space. In addition, the Defendant promised the Plaintiff to provide the necessary moral and material support.

It should be taken into account that the Plaintiff has an unstable nervous system, is suggestible, is subject to the influence of strangers, and has no friends or people close to him. This is largely due to the lag in the intellectual development of the Plaintiff, who graduated from nine classes of special (correctional) nine-year school No. 309. Moreover, the Plaintiff’s education took place in correspondence (at home).

It is obvious that the establishment of these features of the Plaintiff’s nervous system requires an appropriate forensic psychiatric examination.

Thus, the Defendant, being 17 years older than the Plaintiff, noting the indicated features of his nervous system, took advantage of the difficult mental and financial condition of the Plaintiff and convinced the latter of the need to register the marriage.

However, in fact, a family with the Defendant was not created, since the Defendant entered into this marriage without the intention of starting a family, guided only by the desire to receive appropriate registration and material benefits.

Thus, the Defendant, taking advantage of the Plaintiff’s financial incompetence, is currently applying for loans from various banks. At the same time, the Defendant does not make timely repayments of current payments on these loans. At the moment, the overdue loan debt known to the Plaintiff amounts to more than 400,000 (four hundred thousand) rubles.

Consequently, the Defendant, by his actions, imposes additional financial obligations on the Plaintiff, which are joint obligations of the spouses that arose during the marriage. At the same time, the Defendant puts psychological pressure on the Plaintiff, convincing him of the need to privatize the apartment for its sale or exchange, since further living together in the apartment is not possible due to constant conflicts between them.

It should also be noted that after receiving registration in the apartment, the Defendant stopped providing the Plaintiff with any moral and material support, there is no normal personal communication between the spouses, no common household management, and intimate relationships have never arisen.

It should be especially emphasized that due to the Plaintiff’s lagging behind in intellectual development, the latter does not adequately perceive the reasons that prompted him to register his marriage with the Defendant, since the existence of an intimate relationship between the spouses was not initially assumed. In other words, the Plaintiff, being in a serious mental state after the death of his mother, when registering his marriage with the Defendant, tried to find a replacement relationship with his mother. At the same time, the Defendant, having discovered this peculiarity of the Plaintiff’s mental state, took advantage of these circumstances for selfish reasons.

According to paragraph 1 of Art. 27 of the Family Code of the Russian Federation, a marriage is declared invalid if the conditions established by Art. 12 - 14 and paragraph 3 of Art. 15 of the said Code, as well as in the case of a fictitious marriage, i.e. if the spouses or one of them registered a marriage without the intention of starting a family.

In accordance with Article 27 of the Family Code of the Russian Federation (hereinafter referred to as the Family Code of the Russian Federation), a marriage is declared invalid if the conditions established by Articles 12 - 14 and paragraph 3 of Article 15 of this Code are violated, as well as in the case of a fictitious marriage, that is, if the spouses or one of They were married without the intention of starting a family. A marriage is declared invalid by a court.

By virtue of paragraph 1 of Art. 28 of the RF IC, in particular, the spouse whose rights were violated by the marriage, as well as the prosecutor, if the marriage was concluded in the absence of the voluntary consent of one of the spouses to its conclusion, has the right to demand recognition of the marriage as invalid: as a result of coercion, deception, delusion or impossibility due to one’s condition at the time of state registration of marriage to understand the meaning of one’s actions and manage them.

Thus, the Defendant and Plaintiff did not actually create a family. Genuine family relationships did not arise between them, in particular, mutual care for each other, mutual material support, acquisition of property for joint living and other relationships characteristic of spouses and, thus, a marriage was not concluded between them in the sense in which it established by the Family Code of the Russian Federation.

Based on the above, in accordance with Art. Art. 131, 132 Civil Procedure Code,

P R O S H U:

1. Recognize the marriage concluded by Ivanov I.I. and Ivanova A.A. invalid;

2. Cancel registration record No. number dated May 24, 2006, compiled by Wedding Palace No. 4 of the Moscow Civil Registry Office.

Applications:

A copy of the marriage certificate II-MU No. dated May 24, 2006;
Copy of death certificate II-MU No. dated 09/06/2003;
A copy of certificate No. dated 09/08/2003, confirming the provision of funeral services free of charge; info@site.
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Marriages that were registered in violation of the provisions of Articles 12 to 15 of the Family Code may be recognized by the court as fictitious. To do this, you must file a claim to declare the marriage invalid.

Often in judicial practice one has to deal with the recognition of marriages as invalid. This concept is significantly different from divorce. Recognition of a marriage as fictitious entails the annulment of all transactions that were made during the period of its existence. Dissolution of such a union entails the cessation of all legal consequences.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Who can file a claim and on what grounds

Sometimes it is more profitable for former spouses to declare the marriage invalid than to file for divorce. In this case, the right to other aspects does not arise. But the right to sue to have a marriage declared invalid can arise only if the points were violated during the registration of the marriage.

Based on the norms of current legislation, it is possible to file a claim to declare a marriage invalid on the following grounds:

If there was no voluntary consent of the parties to the marriage.
Have not reached the legal age for marriage.
One of the parties was previously married, but this marriage was not dissolved.
During the registration of the marriage, one of the parties was declared incompetent.
The marriage was fictitious; its purpose was not to create a family.
One of the parties hid information about HIV infection.
The marriage was registered between relatives.

Any fact confirming that the marriage was concluded without the voluntary act of one of the spouses will prove the invalidity of this union.

A union can only be declared invalid in court. The initiator of the application can be not only spouses, but also other interested parties. When marrying minors, the application can be accepted by:

From the mother and father of the party under the age of 18.
From the prosecutor.
From representatives of social protection.

If a fictitious marriage was concluded between citizens who were previously married and the previous union was not dissolved, or one party was declared incompetent, then the following may act as an interested party:

guardian;
spouse from first marriage;
prosecutor;
any citizen or organization that has suffered from this marriage.

Marriage for the purpose of obtaining citizenship or acquiring property may be considered fictitious. In this case, any party whose interests were affected has the right to act as an applicant.

Jurisdiction

In accordance with the Civil Procedure Code of the Russian Federation claims for declaring marriage invalid are considered by district courts. The claim is filed at the place of residence of the defendant. Before filing an application, the plaintiff must pay a state fee in the amount of 300 rubles.

The concept of limitation does not apply to claims to recognize a marriage as fictitious. The only exception in this case will be if one of the parties concealed the presence of HIV infection or sexually transmitted diseases. In this case, the injured party is given one year to file an application after becoming aware of this information.

How to file a claim for annulment of marriage

To file a claim you will need to prepare:

Marriage certificate.
Payment receipt.
Evidence confirming the fictitiousness of the marriage.
The application can be submitted to the office, or it can be sent by mail.

Sample 2019

The statement of claim must consist of the following parts:

the header indicates the name of the court, the defendant and the civil registry office where the marriage was registered;
in the text part of the document it is necessary to describe in detail when and under what circumstances the registration was carried out; indicate how the deception became known.
Evidence must be provided in the application.

Objection

The other party to the marriage, who was deceived and suffered damage, has the right to file claims that were suffered in connection with the deception.

In addition, the defendant himself can make a counterclaim if he has evidence that the accusations against him are false. Most often this happens if the plaintiff does not have complete information, or the circumstances of the case have changed.

For example: The previous marriage was dissolved, but the defendant did not inform anyone about it. Or in the case where the defendant is accused of concealing information about HIV infection. can be filed if he can prove that he himself did not know about the disease. The main condition for filing a counterclaim is a change in the conditions at the time the case is considered in court.

Court decision and legal consequences

When making a decision in court, the following factors will be taken into account:

duration of marital relationship;
presence of children;
evidence of the grounds for filing a claim.

If the court makes a positive decision, it is sent to the registry office where the marriage took place. In accordance with the registry office, he makes notes in the marriage registration document.

All property acquired during the marriage, is divided on the basis of shared ownership if the funds of both spouses were invested. If property or real estate was purchased with the income of one person, then the property will belong to him alone. If a marriage contract has been drawn up between the spouses, it is declared invalid.

Important! If the spouses had children, the invalidation of the marriage does not affect them. They have the right to.

The court may refuse to satisfy the claim in the following cases:

If at the time of filing the claim the minor party to the marriage is already 18 years old.
The incapacity of the spouse has been revoked.
The first marriage was dissolved through the court, but the dissolution procedure was not carried out through the registry office.
If the parties initially entered into a fictitious marriage, but later started a family and live together, running a joint household.

Judicial practice

Example #1:

Two young people approached the registry office to register their marriage and establish the paternity of their joint child. The registry office registered the marriage, since there were no marks in the passports about previously existing relationships. Later, citizen A. Mukhamedov appealed to the district court. He stated that since 2014 he has been in a marital relationship with citizen P.V. Makarova. The marriage was not dissolved.

When considering this case, citizen Makarova P.V. reported that the first marriage was fictitious. She married a foreigner who needed citizenship registration. However, she believed that such a marriage had no legal force.

The court decided:

Second marriage of citizen Makarova V.P. invalidate.
Cancel the record of establishing paternity, since in accordance with the Family Code, the father of the child is considered to be a citizen who is officially married to the mother.
In this case, the second spouse has the opportunity to file a claim in the district court to recognize himself as the father of the child.