Legal regulation of relations related to the annulment of marriage

  • Y.O. Zaika
Keywords: marriage, conditions of marriage, invalid marriage, annulment of marriage, legal consequences of annulment of marriage


The article considers the main scientific approaches to understanding the legal nature of the institution of annulment of marriage, analyzes the circumstances associated with the annulment of marriage and its relative negligence, the legal consequences of annulment of marriage under ukrainian law.
Depending on the nature of the violation of the conditions of marriage, three legal models of annulment of marriage which are provided by family law are analyzed: a) a marriage that is completely invalid; b) marriage, the invalidity of which is recognized by the court; c) a marriage that the court may declare invalid. Their features are revealed, common and distinctive features are defined.
The architectonics of the institute of annulment of marriage have been clarified and the necessity of revision of its separate components is substantiated, in particular, the marriage in which the spouse hid a serious illness, as well as a disease dangerous to the other spouse or their descendants. A new view on the legal status of a person who has concealed suffering from a serious illness is proposed, and the social unfoundedness of severe civil sanctions against him it proved. A way to protect the rights and interests of the other spouse in such circumstances may be to give him or her the right to divorce in a simplified manner.
A critical assessment of the scientific position on the possibility of annulment of marriage entered into as a result of deception is provided. There is a need in such cases to cancel the marriage registration record as an event that does not correspond to the state of affairs. Arguments are given for the lack of grounds to invalidate a marriage between persons of the same sex. Emphasis is placed on the peculiarities of fictitious marriage in the conditions of declared martial law in Ukraine.
The negative consequences that occur for individuals when marriage is declared invalid in the field of family, civil, housing, insurance, tax, labor, inheritance legal relations, are clarified.
The privileges of a couple who did not know about the obstacles to marriage and did not violate family law were studied.
In order to eliminate the conflict between acts of civil law of different legal force, amendments to Article 34 of the Family Code of Ukraine are proposed.