What is a fictitious marriage?

What is a fictitious marriage?



They say that marriages are made in heaven, beforeface of God. What then can we say about fictitious marriages? Why do people create them, and are such marriages legal? In this issue there are many nuances.





What is a fictitious marriage?

















Definition of fictitious marriage and its purpose

Fictitious marriage is a legal marriage withoutintentions to create a family. This is not a real marriage, which can be created for various reasons. Quite often, a marriage of convenience is created in order to obtain citizenship. One of the spouses wants to become a citizen of some country, so pretends that he wants to tie himself up with family ties. Another common reason for concluding a fictitious marriage is obtaining real estate. Someone from a married couple pretends to the living space of his "half" and pretends that he feels real feelings for her. Some women marry only in order to become independent of their parents. In fact, they do not need a family, so such unions are also considered fictitious. In the twentieth century, among the Hollywood actors, so-called "lavender marriages" were distributed. Such fictitious unions consisted in order to hide the homosexual orientation of one of the spouses, which could damage his reputation or career. Some fictitious marriages are concluded by the common consent of the spouses, and sometimes the husband or wife hide their true intentions. It turns out that one of them dreams of a real family, and the second thinks only of their own benefit. In any case, all marriages that are concluded for the sake of mercenary purposes, are considered void. Fictitious marriage is just a family on paper. But such a marriage can be turned into a real one. If spouses start living together, have a common household, have children, then they can already be called real husband and wife.

Fictitious Marriages and Legislation

On the territory of the Russian Federationarticle 170 of the Civil Code and article 27 of the Family Code, according to which fictitious marriages are absolutely invalid marriages. After identifying such marriages, they are annulled from the very moment of registration. If the couple who joined this union managed to create a real family before the case is considered by the court, then their marriage is recognized as valid. Ukraine does not have administrative or criminal responsibility for fictitious marriages. If there are any disagreements, the marriage is declared invalid. A deceived spouse or spouse has the right to try to collect moral and material damage. There is a law in Belarus, through which all fictitious marriages become apparent no later than six months after their conclusion. Recently, the republic has become much less applications for marriages with foreigners.