Fake marriage is the legalization of a marriage without the intention of creating a family, but for other purposes, such as getting citizenship, benefits from state or municipal services. A fictitious marriage may consist of two persons disinterested in relation to one another or the acquisition by one of the spouses of material or other benefits from the other man.
Until gaining equality with men, women have often used fictitious marriage to gain independence from their parents and greater freedom of engagement; So, Sofia Kovalevskaya entered into a fictitious marriage with Vladimir Kovalevsky to live abroad and study science.
Often, there was a fictitious marriage among Russian revolutionaries of the second half of the nineteenth century. He is also depicted in literature (the marriage of Vera Pavlovna and Lopukhov to “What to do?” By Chernyshevsky; the prototype for Chernyshevsky was served by the participants of the Znamenskaya commune in St. Petersburg). There were cases where fictitious marriages subsequently became authentic (the union of Kovalevsky).
Marriages may be for the purpose of providing a foreign wife with a residence or nationality card.
In societies where homosexuality is punished or negatively affected by reputation, fictitious marriages are practiced, in which at least one partner has homosexual orientation. Similar marriages (known as “lavender marriages”) were distributed in the XX century among Hollywood actors.
The purpose of making a fake marriage may be the purchase of benefits and other material benefits.
Legislation and responsibility
In Russia, fictitious marriage is considered invalid by virtue of Article 170 of the Civil Code of [the source is not indicated one thousand nine hundred and fifty-two days] and 27 of the Family Code of the Russian Federation, and it may be applied to the consequences of a void transaction by a court decision, including the cancellation of the record marriage in civil status acts since the date of registration of the fictitious marriage (in contrast to the procedure for divorce). If persons who have concluded a fictitious marriage have actually created a family before a court hearing, such a marriage can not be recognized as fictitious by the court (clause 3 of Article 29 of the RF SC).
After July 2010, the Department of Citizenship and Migration, having formally left the legislation the same, intensified the development of fictitious marriages. Therefore, the meaning of making fictitious marriages disappeared: in half a year, the secret will still be clear and will be documented. In Minsk and in regions, the number of applications for marriages with foreigners declined markedly .
Ukrainian legislation does not provide for criminal or administrative liability for fictitious marriage. And in case of disagreement it can be declared invalid and try to recover material and moral damage. Paragraph 2 of Article 40 of the Family Code of Ukraine states: “A marriage is declared invalid by a court decision in case of its fictitiousness. Marriage is fictitious if it is concluded by a woman and a man or one of them without the intention of creating a family and acquiring the rights and responsibilities of the spouses. “