LEGAL GROUNDS FOR RECOGNIZING A MARRIAGE AS INVALIDUNDER THE LEGISLATION OF UKRAINE

Abstract

This article is dedicated to a comparative analysis of legislative norms regarding the annulment of marriage by the Family Code of Ukraine and Ukrainian family law. We explored issues such as types of void marriages, legal consequences of marriage annulment, and the list of individuals entitled to seek annulment of marriage. The legal grounds for annulment of marriage are determined by the Family Code of Ukraine, which provides three approaches to marriage annulment:
1) marriage declared void;
2) marriage declared void by court decision;
3) marriage that may be declared void by a court decision.
Special attention is given in the Family Code of Ukraine to the possibility of declaring a marriage void after its termination, as well as provisions regarding the return of alimony received dishonestly from the spouses, but not for the last three years. Provisions of family law are also mentioned, particularly the obligation of one of the spouses to compensate for material and moral damage. In summary, the Family Code of Ukraine provides legal regulation of marriage annulment compared to Ukrainian legislation.
We believe that the categories of "family" and "marriage" are interconnected phenomena and should be considered in inseparable internal legal unity. The historical development of the regulation of marital and family legal relations dates back to ancient Rome. This article is dedicated to one of the current problems of family law and legislation –
the issue of grounds for declaring marriage void. The main grounds for declaring marriage void are defined according to Chapter 5 "Nullity of Marriage" of the Family Code of Ukraine. Articles 38-41 of the Family Code of Ukraine and related articles are characterized.
Marriage and family relations concern everyone, as each of us has our own family. These relationships, which create new life, deserve to be the basis of any legal relations in society. The Family Code of Ukraine clearly provides a list of cases of marriage annulment. A marriage registered in accordance with the law by mutual consent between a man and a woman
entails a number of legal consequences provided by law. There are cases where a court declares a marriage void and serves as a basis for the dissolution of such marriage on grounds stipulated in the Family Code of Ukraine. A marriage is declared void by court decision if it was registered without the free consent of either the woman or the man. If a person suffered from severe mental disorder at the time of marriage registration and was under the influence of alcohol, drugs, or toxic intoxication, and as a result was unaware of their actions and unable to control them, such
marriage is considered void. Also, property acquired during a void marriage is considered to belong to both parties for joint partial ownership, and the share of each is determined according to their contribution to the acquisition of such property with their own funds and labor. The Constitution of Ukraine and the Family Code of Ukraine regarding the development of the institution of family, which is actively implemented in Ukraine, as well as the legal grounds for declaring marriage void under Ukrainian legislation, have been analyzed.