In Ukraine, marriage is a family union between a man and a woman registered with the state civil registration authorities (ZAGS). However, not all marriages are entered into with the aim of creating a family. Some people register their relationship to gain an advantage: citizenship, residence permits, evading obligations, or concealing assets. Such unions are called sham marriages and can be declared void by a court decision.
What is a sham marriage?
According to Article 40 of the Family Code of Ukraine, a marriage is considered sham if it is concluded without the intention to create a family and acquire the rights and obligations of spouses. The absence of such intent may be present in both parties, or only in one — if the other party sincerely believed that the marriage was entered into to create a family.
The reasons for entering into sham marriages are diverse. Most often, they are related to the desire to obtain rights arising from marriage: the right to inheritance, housing, social support, or other benefits. A sham marriage can also be used to evade conscription during mobilization or to commit fraud.
How does the court determine the sham nature of a marriage?
A sham marriage can be declared void only by a court decision. When considering the case, the court evaluates not only the motives for entering into the marriage but also the actual behavior of the spouses after its registration. For example, cohabitation, running a joint household, having children, or other signs of real family life may indicate a genuine intention to create a family.
If the court establishes that the marriage was sham, it is considered void from the date of state registration. After the decision enters into legal force, the ZAGS authority terminates the effect of the marriage record and confiscates the marriage certificate. If the certificate is not returned, information about the termination of its validity is published on the official website of the Ministry of Justice of Ukraine.
When is a sham marriage not declared void?
The law provides for a situation where, even in the presence of signs of sham nature, the marriage will not be declared void. This is possible if, by the time the case is considered by the court, the circumstances indicating the absence of an intention to create a family have already disappeared. For example, if the spouses began to live together, run a joint household, or have children — one can speak of a real intention to create a family.
Legal consequences of declaring a marriage void
If the court declares a marriage void, it does not create rights and obligations of spouses for the parties. Such consequences apply to the person who knew about the obstacles to the registration of the marriage and concealed them. If a person did not know and could not know about the circumstances that made the marriage void, the law guarantees them separate protection.
As a general rule, persons whose marriage is void or has been declared so by the court cannot inherit from each other by law. However, if the marriage is declared void after the death of one of the spouses, the court may recognize the right of the second spouse to inherit a share of the deceased's property acquired during the marriage, if that person did not know and could not know about the obstacles to its registration.
Criminal liability for sham marriage
A sham marriage in itself can be a means of committing criminal offenses. In particular, this may apply to cases where a marriage is entered into for fraud or with the aim of evading conscription during mobilization. Such actions may entail criminal liability.
How to divorce in Ukraine?
Previously, RBK-Ukraine wrote that in Ukraine, a marriage can be dissolved through the ZAGS authorities or the court, depending on the circumstances. During martial law, a simplified procedure applies to childless spouses, and in some cases, documents can be submitted without the personal presence of one of the spouses.
Boston marriage: a new trend?
We also told you what a Boston marriage is and why it is becoming increasingly popular. This is a form of cohabitation of two women who live together but do not officially register their marriage. This model of relationships is gaining popularity among modern couples striving for independence and freedom from traditional family frameworks.
