Spouses should be the closest to each other people, as it is believed, so that the law makes the union of two hearts profitable also from an economic point of view. Some people take advantage of this, concluding a fictitious marriage for one reason or another. What is it and what consequences can it have?
Institute of marriage in the modern world
People have become more cynical, we are looking for benefits in everything. On the one hand, this can be understood: it is difficult to live, and everyone is looking for their most effective ways to achieve success. On the other hand, the institution of marriage should not suffer so much from a change in mentality; the family should remain for everyone a holy, safe haven in the stormy ocean.
These two aspects may have led to the fact that, firstly, in developed countries, the absolute number of marriages is reduced, and secondly, the number of unions that can be more likely to be called deals is growing, they are so cynical and false in essence. Portraying happy grooms and brides, thousands of men and women according to documents become husband and wife, but will all of them return to the same apartment that same evening, and not go homeless?
Types of marriage
Previously, everything was somewhat more complicated and simpler at the same time. The church was in charge of human love unions, and only she could declare the couple a real family. Such a marriage was called church marriage. Later, when Russia was swept by a wave of atheism, separate bodies appeared for registration of those wishing to create a family - registry offices. And the marriage thus concluded was called civil, as opposed to churchly.
Now there is a slightly different conceptual apparatus. Civil marriage is called common cohabitation, that is, joint management of the economy without official registration of relations. However, everything goes to the fact that this way of creating a family over time and under certain conditions will be equated to the usual. The presence or absence of a stamp in the passport will not be of particular importance if joint economic activity is conducted.
About the meaning
You can ponder over what marriage is and why you need it. History has shown that with the help of family ties, wars started and stopped, strengthened cooperation, sought some profit for themselves, etc. Of course, I would like to see love, mutual respect, affection, etc. in the initial desire to create a family. But, unfortunately , in the modern world, something like this can not be found as often as we would like. Increasingly, people get married at the instinct and first call of the heart, not listening to the voice of reason, and after a couple of years they get divorced, realizing that they do not agree with the characters, and not even trying to find a compromise. But there is one reason for creating a family, which, according to a popular saying, is famous for holding a couple together for the longest time. This is a sober calculation.
What is fictitious marriage?
This term is usually understood as a family that exists only on paper, but not in reality. Thus, the situation is reversed. civil marriage. According to the documents, people are husband and wife, but in reality they may not know each other well, live separately and are not interested in the life of the “spouse”. That is, they initially had no intention to start a family at all. Over the past few decades, fictitious marriage has become a real social problem in a number of countries. There is even a peculiar market of “grooms” and “brides”, offering potential candidates for spouses their services and documents for the stamp. It is not surprising that the employees of the Moscow registry offices are sure that about a third of the wedding ceremonies that they hold are just a banal conclusion of a fictitious marriage.
Possible reasons
The simplest solution to a number of problems may be just a fictitious marriage:
- to obtain citizenship (extremely popular in Western Europe and the USA);
- desire to improve their financial situation;
- solution of domestic and / or housing issues;
- the desire to hide a gay orientation;
- desire to get a prestigious job with certain requirements;
- plans to go abroad for temporary and permanent residence;
- acquisition of a sonorous family name or a good family tree;
- draft evasion;
- obtaining the right to visit a prisoner;
- other situations.
In fact, there may be a great many reasons, but it is hardly worthwhile to justify enterprising people by the fact that life forces them to take such steps. Often, being a family is really more profitable than being two separate people. But it happens that a sober calculation still grows into something more.
Signs of fictitiousness
Relations between spouses are always dark for strangers, moreover, it is rather inconvenient to ask questions and talk on such a sensitive topic. But a fictitious marriage always has the main and main sign - the lack of intention to create a family, the pursuit of a goal completely different from this.
From the outside, this can only be seen if the spouses do not bother to hide the falsity of their union. They can live separately and not communicate with each other at all, not to mention planning a joint future or children. They do not think and do not care about their "soul mate", for them it is a normal economic union, which will be sooner or later broken when it is no longer needed. Between them there is no relationship characteristic of spouses. If the court proves that this is a fictitious marriage, the consequences will not be long in coming.
Identification and evidence
There are not very many high-profile trials on the recognition of various marriages as invalid, and it is not too often possible to hear about them in Russia. But this does not mean that in the Russian Federation couples marry exclusively for love, rather, this is evidence that so far there are no effective methods for identifying whether a marriage is fictitious or not. This is also hampered by the fact that family relations are a highly personal territory, because law enforcement officers cannot really get into a spouse's bed, suspecting the husband and wife that they derive only economic benefits from their position? And yet sometimes it turns out to bring the "family" couple to clean water. What happens when the representatives of the state get a suspicion that this is a fictitious marriage?
Consequences in the Russian Federation
What happens to a transaction that was concluded in violation of legal norms? Its consequences are canceled. The same thing happens with a fake family. In Russia, there is an unambiguous punishment, if a marriage is recognized as fictitious - it becomes invalid from the date of its conclusion. The burden of resolving this issue rests with the court. In recent years, more and more heard about the processes during which a fictitious marriage is revealed between a Russian citizen and a foreign guest worker. Probably the reason for this is the introduction of quotas for labor migrants made workers look for new ways to solve their problems.
Only a prosecutor can file an application with a court to declare a marriage invalid. However, if the appearance of the family was created only on one side, and the second spouse was in ignorance and honestly was going to create a love union, he can also appeal to the relevant authorities with a lawsuit.
Fictitious marriage rarely ends in divorce, as a rule, as a result, they simply annul it, as if it had never existed at all. At the same time, all transactions affected by family status are also recognized as void. That is, if a fictitious marriage was made for citizenship, you can say goodbye to a new passport. In some cases, you will have to pay taxes, or even face a few more lawsuits and much more serious problems.So, before you post an announcement that you need a fictitious marriage, it’s worthwhile several times to think about whether it’s worth the risk and breaking the law if you can achieve your goal, albeit in a more difficult way, but honestly?
By the way, in addition to the lack of a sincere desire to start a family, the court can also take into account other details, canceling the stamp in the passport:
- deception, threats, coercion;
- close kinship;
- incapacity of one or both spouses;
- failure to reach marriageable age and / or lack of consent of the relevant authorities;
- the condition of one or both spouses in an already registered marriage;
- concealment of a sexually transmitted disease and / or HIV.
Reorganization
In Russia, there is one rather curious legal norm, which sometimes allows dishonest couples to circle the court around the finger. We are talking about the reorganization of a fictitious marriage - that is, a change in the relationship between spouses from business or friendly to real family ones. There is one subtlety - this should happen before the case goes to court. In this case, a fictitious marriage can be recognized as real. A short-term imitation of the family, however, does not fall under this rule, since the goal in this case does not change.
