Fictitious marriage.
The purpose of marriage is to create a family. The legislation of the Russian Federation does not directly define the purpose of marriage. However, the provisions of paragraph 1 of Article 27 of the RF Family Code indicate that in the case of a fictitious marriage, i.e. if the spouses or one of them registered a marriage without the intention of creating a family, the marriage may be declared invalid.
G.F. Shershenevich defined the purpose of marriage as permanent cohabitation, not only in the physical sense, but also in the moral sense.
NB Due to the fact that the RF Family Code does not contain criteria for a fictitious marriage or the concept of a family, in practice it is quite difficult to determine the fictitiousness of a marriage.
Fictitious marriages are not intended to create a family, but to obtain the right to the spouse's housing, Russian citizenship, or pursue other, usually selfish, goals.
Subject of proof:
When concluding the marriage, the other spouse did not have the goal of creating a family.
Criteria for a fictitious marriage:
→ separate residence,
→ large age difference,
→ no children,
→ divorce after achieving selfish goals, etc.
The prosecutor also indicated that there are grounds to believe that the defendant had no intention of creating a family with M.P. Gudkova. The marriage was concluded with the purpose of taking possession of the apartment belonging to M.P. Gudkova and A.I. Tvorozhnikova. After the marriage, F.I. Bayramov and M.P. Gudkova did not live together, did not maintain family relations, did not run a common household, and did not acquire common property.
The Determination of the Supreme Court of the Russian Federation No. 4-KG13-23 dated 01.10.2013.
The court cannot recognize a marriage as fictitious if the persons who registered such a marriage actually created a family before the court considered the case.
Active legitimization:
Only a bona fide spouse or a prosecutor can file a claim in court to declare a fictitious marriage invalid (Part 1 of Article 45 of the Civil Procedure Code of the Russian Federation).
A bona fide spouse is a spouse whose rights have been violated by the conclusion of a marriage that has been declared invalid.
The purpose of marriage is to create a family. The legislation of the Russian Federation does not directly define the purpose of marriage. However, the provisions of paragraph 1 of Article 27 of the RF Family Code indicate that in the case of a fictitious marriage, i.e. if the spouses or one of them registered a marriage without the intention of creating a family, the marriage may be declared invalid.
G.F. Shershenevich defined the purpose of marriage as permanent cohabitation, not only in the physical sense, but also in the moral sense.
NB Due to the fact that the RF Family Code does not contain criteria for a fictitious marriage or the concept of a family, in practice it is quite difficult to determine the fictitiousness of a marriage.
Fictitious marriages are not intended to create a family, but to obtain the right to the spouse's housing, Russian citizenship, or pursue other, usually selfish, goals.
Subject of proof:
When concluding the marriage, the other spouse did not have the goal of creating a family.
Criteria for a fictitious marriage:
→ separate residence,
→ large age difference,
→ no children,
→ divorce after achieving selfish goals, etc.
The prosecutor also indicated that there are grounds to believe that the defendant had no intention of creating a family with M.P. Gudkova. The marriage was concluded with the purpose of taking possession of the apartment belonging to M.P. Gudkova and A.I. Tvorozhnikova. After the marriage, F.I. Bayramov and M.P. Gudkova did not live together, did not maintain family relations, did not run a common household, and did not acquire common property.
The Determination of the Supreme Court of the Russian Federation No. 4-KG13-23 dated 01.10.2013.
The court cannot recognize a marriage as fictitious if the persons who registered such a marriage actually created a family before the court considered the case.
Active legitimization:
Only a bona fide spouse or a prosecutor can file a claim in court to declare a fictitious marriage invalid (Part 1 of Article 45 of the Civil Procedure Code of the Russian Federation).
A bona fide spouse is a spouse whose rights have been violated by the conclusion of a marriage that has been declared invalid.