Family law

When is a marriage recognised as invalid?

Huquqchi legal team

Only a court recognises a marriage as invalid, when the conditions of marriage were broken or the marriage is fictitious. This differs from divorce, because a marriage recognised as invalid counts as invalid from the moment of its conclusion and gives the spouses no personal or property rights.

The grounds

Under article 49 of the Family Code: the person has not reached the marriage age; the person is in another registered marriage; close kinship; incapacity because of a mental disorder; coercion into the marriage; a fictitious marriage (a marriage registered with no intention to create a family); concealment of a venereal disease or HIV from the other person (if that person applies to the court).

The difference from divorce

Divorce ends the marriage for the future. A marriage that a court recognises as invalid counts as invalid from the moment of its conclusion (article 55). A marriage is recognised as invalid only through court procedure (article 50).

The rights of the children

The recognition of a marriage as invalid does not affect the rights of children born in that marriage, or born within three hundred days after that date.

The good-faith spouse

For a spouse who did not know that the marriage was invalid (the good-faith spouse), the court can recognise the right to maintenance and can divide the property acquired together by the rules on the common property of spouses. The good-faith spouse can demand compensation of material and moral harm, and can keep the surname chosen at the registration of the marriage (article 56).

Legal sources

Legal basisFamily Code, article 49 Legal basisFamily Code, article 56 Legal basisFamily Code, article 55

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.