How to recognize marriage invalid
HOW TO RECOGNIZE MARRIAGE INVALID
From the point of view of jurisprudence, this is a rather complicated and labor-intensive procedure, requiring a lot of experience and knowledge of all the features of this process. It should be noted that it is regulated within the framework of the relevant articles of the family law. In addition, a decision on this issue can be obtained solely within the framework of an initiated trial. The final result of this is the complete cancellation of marital rights and duties that come into force immediately after the formal registration of marriage in the registry office. As for the property acquired and received by the marriage entrance, it must be divided according to the current norms of the current legislation. If a married couple has formalized a marriage contract, then all of its provisions lose their legal force. It is important to cancel that, regardless of the situation, the rights of joint children remain unchanged.
Grounds for cancellation of marriage
As practice shows, divorce can occur for the following reasons:
When registering a family relationship, one of the spouses did not notify the second of the existence of a fatal or life-threatening illness. With this development of events, the second party has the right to demand a divorce.
In the case of a fictitious marriage, the purpose of which was not to create a family, but to obtain certain benefits and preferences from the marital status.
Family relations, as it turned out later, were decorated between close relatives.
The marriage was concluded at a time when one of the parties was still in active marital relations with another person. This is due to the fact that, according to the current legislation, you can not have two wives or husbands at once.
State registration was conducted in conditions of exerted pressure on one of the spouses. In this regard, the decision taken can not be considered completely sincere.
How to recognize a marriage as invalid
It is necessary to start with the fact that it is necessary to prepare for a lengthy trial, within which both sides of the couple will be satisfied. It is important that during the trial your interests are represented by a qualified specialist. This is necessary to collect the necessary documentation, the selection of a suitable set of evidence and so on. Also do not forget that professional lawyers possess the skills of the speaker, which makes it possible to present the information in the most beneficial manner. Among other things, they are able to pay attention to the smallest details of the case, which can radically change its result.
To file a statement of claim in the courts have the right to persons belonging to the following categories:
A spouse who has reason to believe that his rights were violated during the marriage registration, or already during it.
Guardians of minors, whose well-being was threatened by the conclusion of marriage ties.
Prosecutors, if there are good reasons to believe that the previous marriage was fictitious.
In most cases, a lawsuit may be filed at any time. The only exception is the situation when one of the spouses was terminally ill. Then the second side of the couple has exactly twelve months to draft and file a claim.
According to the current legislative norms, the court considers similar cases on general grounds. The procedure is not affected by any factors. It is important to note only that the court has the full right to refuse to consider the claim due to errors in the documentation. It is for this reason, in order to ensure the desired result, you will immediately have to contact real professionals who are able to competently conduct the entire process of divorce, from its beginning to its logical conclusion.