Cancellation of a marriage means its invalidation on the basis of a court order. To go to court with such a request, you must have weighty arguments, which are written out in the Family Code of the Russian Federation. Otherwise, you will have to dissolve your union through divorce proceedings.
It is necessary
- - legal claim;
- - services of a lawyer;
- - documents and witnesses that can confirm the inconsistency of the concluded marriage with the current legislation.
Instructions
Step 1
A marriage is declared invalid if there was no voluntary mutual consent to its conclusion. The main reasons for this reason are the deception of the person entering into marriage, or his incapacity at the time of the official registration of the family. A marriage between minors can also be annulled in the absence of a decision by local authorities to lower the age of marriage.
Step 2
In addition, a marriage is invalidated if it was contracted:
- between persons, one of whom (or both) are in another non-dissolved registered marriage;
- between close relatives;
- between the adoptive parent and the adopted child;
- between disabled persons.
A marriage is annulled when one of the spouses hides from his other half the fact that he has a sexually transmitted disease or HIV infection. It is precisely the concealment of the disease that is meant.
Step 3
The statute of limitations does not apply to invalidation of a marriage. The only exception is cases of venereal disease or HIV infection. Such a marriage can be annulled within one year from the day when the other spouse found out or should have found out about the partner's illness.
Step 4
To declare a marriage invalid, go to court at the place of residence of the defendant, pay a state fee and file an appropriate claim with documents and evidence confirming the grounds for canceling your union.
Step 5
The court will consider your arguments and make a decision. If it turns out to be in your favor, then within 3 days the court office will send an extract from the court decision to the Civil Registry Office (Civil Registry Office) in which the marriage was concluded. Having received it, the registry office annuls the marriage record and makes the appropriate marks in the identity documents of the former spouses.
Step 6
Cancellation of a marriage means that it is considered to have never existed, with all the ensuing legal consequences. Do not confuse annulment with divorce. Dissolution is the termination of a valid legal marriage.
When the marriage is declared invalid, the spouses lose the right to a common surname, the payment of alimony, cannot claim to use the other spouse's home and his inheritance after death.
Step 7
At the request of the court, the perpetrator may be required to compensate for losses and compensate for moral damage to a bona fide spouse. If the court sees no reason to invalidate your marriage, dissolve it as usual.
