Legal consequences of declaring a marriage invalid

The Family Code sets out strict requirements for the conditions required for future spouses who decide to seal their relationship with official marriage. In particular, we are talking about Art. 12-14 SK and other provisions, for example, clause 3 of Art. 15 of the same code.

Failure to comply with these provisions entails the invalidity of the marriage, which can only be established by a court. What are the grounds and reasons for declaring a marriage invalid through the courts?

Themarriage was concluded between the spouses, one or both of whom have not reached the age of 18, and they have not received, in the prescribed manner, the consent of the local authorities for the conclusion of the marriage union.
Amarriage was entered into without the consent of one or both spouses, namely if there was deception, coercion or other circumstances that deprived the spouse (or spouses) of the opportunity to understand the action he was committing and to be aware of the legal consequences of marriage.
The conditions specified in Art. 14 of the RF IC, namely:

Any of the spouses entering into marriage is in a previously concluded marriage union, which at the time of the marriage was not terminated or invalidated, as it became known after the conclusion of the second marriage;
The marriage union is concluded by the relatives listed in the specified article, as well as between the adopted person and his adoptive parent;
One or both spouses are deprived of legal capacity through the court.

Going to court with a claim for the invalidity of a marriage

The invalidity of a bona fide marriage union can only be established by a court. The following persons are endowed with the right to appeal to the court with a claim to invalidate the marriage union:

The spouse who has not reached the age of majority, as well as his parents (guardians), guardianship authorities or the prosecutor, provided that the legal permission of the local authorities for the marriage of a minor was not received at the time of the marriage;
The spouse whose rights were violated due to non-compliance with the conditions and rules specified in the RF IC, as well as the prosecutor in cases where the marriage was concluded by deception, coercion, or under other circumstances that deprived the spouse of the opportunity to realize his actions.
The prosecutor in case of the spouses entering into a fictitious marriage without the intention of creating a family, or in other situations requiring intervention in order to protect the interests of third parties.

When applying to the court, a statement of claim on the invalidity of the marriage is prepared, submitted:

spouse and (or) his guardian or custodian in relation to the second spouse;
by the prosecutor – in relation to one or both spouses, including when the marriage union is declared invalid due to its fictitiousness;
guardianship authorities – in relation to minor spouses.

The requirements of Art. 131-132 of the Code of Civil Procedure of the Russian Federation, it must be submitted to the district court and must be paid a state fee of 300 rubles. The following data must be indicated in the statement of claim: