A marriage may be decided invalid in different aspects.
Nugatory of marriage
A marriage is deemed absolutely null and void, if it can never
acquire legal effect. It is void ab initio, that means null and
void from the beginning of the agreement. The grounds for
non-existing marriage are as following:
Lack of consent of the parties
Celebration before non-authorised officers
The marriage of two persons having same sex
Lack of consent of the parties for marriage
If the consent of the parties has not been taken before the
marriage officer, the marriage is concerned null and void. For
example, another person has taken place and declared his intention
about marriage instead of the supposed bride or bridegroom.
Absolute nullity of marriage
It is a kind of nullity, arising directly from law. The
principle motivation of absolute nullity is the public interest.
Nullity may be demanded by every person involved in the relation or
even by public prosecutor. A transaction involving conditions of
absolute nullity, can not acquire legal effect even if it has not
The ground of absolute nulllity are;
Mental sickness or some of the mental
weaknesses Polygamic marriage Marriage between the members of the prohibited degrees of
Relative nullity of marriage
Relative nullity is the invalidity, which effects the private
interests of the parties of marriage and which can be only claimed
by them. If within the special legaly determined prescription
period (within 6 months after the recognition of the ground of
relative nullity or after the end of threat) nullification has been
requested, marriage is to be decided invalid. In other words,
marriage becomes valid if nullification has not been demanded. The
main ground of relative nullity consists of lack of true and
genuine consent. If the free will of the parties has been abolished
because of error, fraud and threat, the marriage may be nullified
by means of their own claim of invalidity. Because conspiracy of
mind caused by an external interruption, such as error, fraud or
threat, restrains the parties of an agreement from acting according
to their own will, which is the main constructive element of
contracts. The lack of consent of the statutory representatives of
the minors is also a ground for relative nullity. But if at the
date of annullment claim made by pregnant, it should be of no
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Family law is easily misunderstood and its realities can get in the way of a good storyline; nobody really wants to watch reasonable and calm lawyers helping parties negotiate sensible solutions in an amicable way.
"The Family Code of Ukraine of 10 January 2002 No. 2947-III" (effective since 2004) ("Family Code"), sets out the basic principles and regulations of property relations of spouses, including civil agreements, which may be entered into by and between spouses.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).