It is said that marriages are made in heaven, before the face of God. What, then, can be said about fictitious marriages? Why do people create them, and are such marriages legal? There are many nuances in this issue.
Definition of a fictitious marriage and its purpose
A sham marriage is a legal marriage with no intention of starting a family. This is a fake marriage that can be created for various reasons. Quite often, a marriage of convenience is created with the aim of obtaining citizenship. One of the spouses wants to become a citizen of a certain country, so he pretends that he wants to tie himself with family ties.
Another common reason for a fictitious marriage is to acquire real estate. Someone from a married couple claims the living space of their βhalfβ and pretends to have real feelings for her.
Some women marry only to become independent from their parents. In fact, they do not need a family, so such unions are also considered fictitious.
In the 20th century, the so-called "lavender marriages" were common among Hollywood actors. Such fictitious alliances were concluded in order to hide the homosexual orientation of one of the spouses, which could harm his reputation or career.
Some fictitious marriages are concluded by mutual consent of the spouses, and sometimes the husband or wife hides their true intentions. It turns out that one of them dreams of a real family, and the second thinks only of his own benefit.
In any case, all marriages that are concluded for selfish purposes are considered invalid. Fictitious marriages are just a family on paper. But such a marriage can be turned into a real one. If the spouses begin to live together, run a common household, have children, then they can already be called a real husband and wife.
Fictitious marriages and legislation
On the territory of the Russian Federation, Article 170 of the Civil Code and Article 27 of the Family Code are in force, according to which fictitious marriages are absolutely invalid marriages. After identifying such marriages, they are canceled from the very moment of registration. If the couple who entered this union managed to create a real family before the case was considered by the court, then their marriage is recognized as valid.
There is no administrative or criminal liability for fictitious marriages in Ukraine. If disagreements suddenly arise, the marriage is declared invalid. The deceived spouse or spouse has the right to try to recover moral and material damage.
In Belarus, a law is in force, thanks to which all fictitious marriages become apparent no later than six months after their conclusion. Recently, there have been much fewer applications for marriages with foreigners in the republic.
