Marriage is one of the most important social institutions regulating relationships between a man and a woman. However, sometimes situations arise where a marriage is entered into not on the basis of genuine mutual love and commitments, but rather on the basis of fraudulent agreements. In such cases, recognizing the marriage as fraudulent may become a necessary step to restore justice and regulate legal relations between the parties.
According to the provisions of the Family Code of Ukraine, a marriage is a family union between a man and a woman, registered with the state registration authorities in the manner prescribed by law. However, like any agreement or contract, a marriage can be recognized as fraudulent if it was entered into by a man and a woman without the intention to:
- create a family, live together, and share a common household;
- endow themselves with mutual rights and obligations as spouses toward each other.
A fraudulent marriage, also known as a “marriage of convenience,” is a phenomenon where the parties enter into marriage not with the goal of creating a family or with mutual love, but rather to achieve specific selfish goals, such as obtaining citizenship, residency rights, or other advantages.
The issue of fraudulent marriage is becoming increasingly provocative in the modern world, as it touches on not only personal relationships but also migration, human rights, and justice. This problem causes serious social and legal consequences, requiring attention and professional intervention. According to Article 40 of the Family Code of Ukraine: a marriage is considered invalid by a court decision in the case of its fraudulence.
A marriage is fraudulent if it was entered into by a woman and a man, or by one of them, without the intention of creating a family and acquiring the rights and obligations of spouses. A marriage cannot be recognized as invalid if, at the time of the court’s consideration, the circumstances confirming the absence of a person’s consent to the marriage or their unwillingness to create a family have ceased to exist. The fact of a fraudulent marriage often becomes apparent when considering other legal matters, such as in the context of citizenship application or immigration issues.
A representative in a case concerning a fraudulent marriage should thoroughly investigate all the circumstances of the case, including the motives and evidence of the parties’ cohabitation. The fact of entering into a fraudulent marriage can have serious legal consequences for all parties involved. The court may declare the marriage invalid, and the parties may be held accountable for violating the law. This may include administrative fines, loss of residency or citizenship rights, and even criminal liability for deception or fraud.
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Personal experience in representing clients in cases of recognizing a marriage as fraudulent highlights the importance of initial preparation, which includes gathering all necessary evidence to support the legal position. A well-prepared lawsuit should be not only substantive but also well-founded and argued. Legal work in this area is divided into several possible scenarios.
The first is the preparation of necessary documents, such as lawsuits, motions, and others, accompanied by consultations with the client. The second scenario is full representation in court “from start to finish,” where the lawyer is responsible for all aspects of the proceedings, ensuring a high level of protection and support for the client at every stage of the case.
A lawyer in Kyiv can help you resolve a family dispute regarding the recognition of a marriage as fraudulent with minimal time and financial costs for you. If you do not live in Kyiv, you can contact us for a consultation!
