Cancellation of marriage means recognition it invalid on the basis of the resolution of court. For appeal to the court with such request you have to have powerful arguments which are written out in the Family code of the Russian Federation. Otherwise you should terminate the union through divorce proceedings.
It is required to you
- — legal claim;
- — services of the lawyer;
- — documents and witnesses who can confirm discrepancy got married to the current legislation.
1. Marriage is nullified in case there was no voluntary mutual consent on its conclusion. Deception of the person marrying or his incapacity at the time of official registration of family is the main reasons for this basis. Marriage between minors can be also cancelled in case of lack of the decision of municipal authorities on decrease in age of consent.
2. Besides, marriage is nullified if it was concluded: — between persons, one of whom (or both) consist in other not dissolved registered marriage; — between close relatives; — between the adoptive father and adopted; — between incapacitated persons. Marriage is cancelled when one of spouses suppressed the fact of presence at it of a venereal disease or HIV infection from the soulmate. Concealment of a disease means.
3. The limitation period invalid does not extend to marriage recognition. An exception is only cases of a venereal disease or HIV infection. It is possible to cancel such marriage for one year from day when other spouse learned or had to learn about a disease of the partner.
4. For marriage recognition invalid appeal to court, in the place of residence of the defendant, pay the state fee and submit the corresponding claim with documents and certificates, the confirming bases for cancellation of your union.
5. The court will consider your arguments and will make the decision. If it appears in your advantage, then for 3 days the court registry will send an extract from the judgment to the REGISTRY OFFICE (Civil registration) in which it was got married. Having received it, the REGISTRY OFFICE cancels record about a wedding and does the corresponding marks in documents, udostoveryayukshchy the identity of the former spouses.
6. Cancellation of marriage means that it is considered never existing, with all that it implies from here legal consequences. You should not confuse cancellation of marriage with cancellation. The termination of the valid legal marriage is considered cancellation. At marriage recognition invalid spouses lose the right for the general surname, payment of alimony, cannot apply for use of housing of other spouse and for his inheritance after death.
7. Upon the demand of court from the guilty person can demand to compensate losses and to compensate moral harm before the conscientious spouse. If the court does not see the reasons for recognition of your marriage invalid, will terminate it regularly.