Can a Marriage Registration Be Refused: The Ministry of Justice Named an Unexpected Reason
A marriage is deemed fictitious if it is entered into without the intention of forming a family and acquiring the rights and obligations of spouses. Only a court can establish the fictitiousness of a marriage; living separately or the absence of a joint budget alone do not constitute proof of such a marriage.
When a marriage is considered fictitious
The Kyiv Interregional Department of the Ministry of Justice of Ukraine has reiterated that, in accordance with part two of article 40 of the Family Code of Ukraine, a marriage is fictitious if it is concluded by a woman and a man, or by one of them, without the intention of forming a family and acquiring the rights and obligations of spouses.
In essence, a fictitious marriage is an officially registered marriage in which at least one party, at the time of its conclusion, did not intend to create a family, and the registration served another purpose.
As an example, the Ministry of Justice cites cases where a marriage is concluded to obtain certain rights, benefits, or other advantages.
Circumstances that do not indicate fictitiousness
The agency emphasised that the mere fact of spouses living separately, the absence of a joint budget, or the rapid termination of family relations does not automatically imply that the marriage was fictitious.
The decisive factor is precisely the absence of the intention to create a family at the time of the state registration of the marriage.
Who determines the fictitiousness of a marriage
The Ministry of Justice noted that the issue of a marriage’s fictitiousness is decided exclusively by a court.
It is not sufficient merely to claim that the marriage was concluded "for benefit." The court evaluates all circumstances of the case and evidence. If it is established that both or one of the spouses, at the time of marriage registration, did not intend to create a family and acquire the rights and obligations of spouses, such a marriage may be declared invalid.
When the registry office can refuse to register a marriage
The Ministry of Justice also pointed out that if, during the state registration of a marriage, a registry office employee has reasonable doubts about the compliance of such registration with the requirements of Ukrainian law, they have the right to refuse state registration of the marriage.
Such a decision can be appealed in the manner prescribed by law.
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