Invalidation of marriage in Lviv

The procedure and consequences of annulment are significantly different from the procedure and consequences of divorce. If the marriage between the spouses is declared invalid, in the language of the law it will mean that the spouses have absolutely no marital rights and responsibilities.

Who can start the procedure?

According to Article 42 of the Family Code of Ukraine, the following may file a lawsuit to declare a marriage invalid, as follows:

• those who directly protect their rights - husband or wife;
• persons representing the interests of a person declared fully or partially incapable - parents, guardians, trustees of an incapable person, guardianship and trusteeship authorities;
• third parties whose rights are violated by the registration of marriage - for example, a relative of people who are married;
• prosecutor's offices - the case is initiated in the presence of strong evidence that the marriage was created for criminal purposes (concealment of income).

Foreign citizens, other than spouses, have the right to apply to the court for the invalidity of the marriage if their rights and interests are affected. That is, if another's marriage prevents them from using their tangible or intangible benefits, to meet their individual or collective needs.

The claim for annulment of the marriage must contain substantiated arguments about how exactly the interests of the plaintiff suffer.

Legal consequences of marriage annulment

After the annulment of a marriage, all its legal consequences are declared invalid. Spouses are deprived of mutual marital rights and obligations:

• Property acquired in marriage is considered joint property. Ownership shares are distributed depending on the part of the funds invested in the acquisition. Regardless of in whose name the property is acquired (real estate, transport, interior items), the spouse may demand the division of property. Personal belongings (except for jewelry) are not subject to division, but remain in the possession of the person who used them.
• The amount of alimony received from a man in an invalid marriage must be returned if there is no legal basis for them. In this case, the statute of limitations is not more than 3 years. The court can collect alimony only for the last three years. The exception is child support for joint minor children.
• If one of the spouses has settled and registered in the other's living space, he is obliged to vacate the housing, otherwise he may be forcibly evicted. After all, a man / ha is deprived of the right to reside in connection with the annulment of a marriage.
• If the wife takes her husband's last name, she can use it after the divorce.
  The terms of the marriage contract expire.

Persons who are in a marriage that has been declared invalid lose the right to inherit. In the event of the death of one of the spouses, the other cannot inherit the property by right of first priority.

Working with Olson, you get the following benefits:

Full involvement in the case with the accompanying party - we are interested in the result and work with dedication.

Qualified approach - lawyers are familiar with the latest changes in legislation, are able to apply in practice the rules of laws and codes, are constantly improving their skills.

Openness - ready to advise the client on the procedure, provide a detailed report on court hearings.

Mobility - possible remote representation services.

Price flexibility - the cost will depend on the time spent on the process.