Recognition of a void. The grounds and the circle of persons participating in this process. Fictitious marriage.

Marriage is a fact of legal significance, which gives rise to the powers and obligations of the parties. According to the law that operates in the field of family relations, the property that was purchased by the spouses during their marriage union is their common property. Very often, people who register a marriage have no intention of continuing marital relations . In this case, they speak of such a phenomenon as the recognition of a marriage as invalid. Thus, a marriage union may not only be terminated, but an invalid marriage may also take place.

The law establishes a list of grounds of an exhaustive nature, according to which the court exercises the procedure for recognizing the marriage as invalid. To one of such grounds, it is possible to include definitely fictitious marriage. It is for various reasons and, based on various life circumstances. Very often, the parties, having concluded a fictitious marriage, do not pursue any bad goal and hope that they will not be affected by such a concept as the recognition of a marriage as invalid.

By the way, the action in question about the dissolution of such a marriage is made exclusively by the court. When making a decision not in favor of persons who fictitiously concluded a marriage, the judicial authority within three days from the date of entry into legal force of the court decision sends an extract to the registry office. It should be understood and noted separately that, unlike other grounds, the invalidity of the marriage union, which would have spoken about the violation of one or another rule of law in the implementation of the procedure for joining the union, strangely enough, but in a fictitious marriage all the conditions are met. Nevertheless, there are inconsistencies of a significant nature between its component and form.

Thus, as already indicated, marriage is used in a legal way and formally clean, but it is a means to achieve tasks incompatible with the fundamental goals of the marriage institution itself. Therefore, the recognition of a marriage as invalid in this case must take place. A marriage union can be recognized as fictitious, regardless of whether it is one for one or both. It should be noted that the existence of a mutual consent for the design of a marriage union without the purpose of creating family relations has no analogy with the condition of marriage, which is provided for by law. It is a question of a condition of the consent of the parties of a voluntary and reciprocal nature. After all, the consent of those entering into family relations is not important in itself, but the essence of consent is that people express intentions of the true property about the creation of a family as a unit of society. And the consent of people who fictitiously became spouses does not reflect the will of the parties, which would be true and genuine. In other circumstances, the term fictitious marriage should be limited to the case where one of the parties acted without the intention of creating a family, and the other party was mistaken in the most conscientious way.

The law determines the list of persons who have the power to recognize the marriage as invalid. Such a list of persons includes a minor spouse, an adult spouse, guardians, a prosecutor. In addition, the law provides for cases where their presence eliminates the invalidity of the marriage. For example, a court can recognize a marriage as valid if, by the time the case was considered to recognize the illegality of marriage ties, all the circumstances that prevented its registration disappeared. Also, the court does not have the right to recognize the illegality of marriage, if the persons before the court session created a family. Relations that are considered by the judicial body, as not fictitious, are the relations of the spouses who acquire joint property or completely care for each other. This is the procedure for recognizing the marriage void.