What is a fictitious marriage and how dangerous it is

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

A stamp in a passport does not always make two people a family, but it can lead to a lot of trouble.

What is a fictitious marriage

A sham marriage is a marriage that spouses enter into without the intention of starting a family. The concept of a family has no legislative definition, but there are signs by which its authenticity is determined:

• Cohabitation;
• joint budget;
• common household;
• the presence of children.

It is by these criteria that they will judge whether your marriage is real, if in doubt.

Why do you need a fictitious marriage

1. Simplify obtaining citizenship

Foreigners can obtain Russian citizenship under a simplified scheme. To do this, you need to be married to a Russian for at least three years. But other migration issues are resolved by a stamp in the passport. For example, a temporary residence permit is given according to special quotas. It allows a foreigner to stay and work in Russia without obtaining migration patents. Spouses of citizens of the Russian Federation can receive a document outside the quotas.

By itself, the stamp in the passport does not change anything. We'll have to run to get the paperwork done. But it significantly shortens the route of this bustle.

2. Apply for benefits and discounts

Some programs are for families only. For example, Sberbank gives 0.4% discount on mortgages if the loan is taken by a single parent up to 35 years old or a married young couple, even childless, in which at least one spouse is not yet 35 years old.

3. Get your dream job

Sometimes marital status matters: 22% of employers hire men who are married and with children. Women in marriage are chosen in every fifth company.

4. Hide orientation

This point is not related to laws, but it is no less important. A sham marriage helps to hide homosexual orientation. In Russia, it is a serious obstacle in many areas. For example, you might not get a job simply because of grooming and feminine demeanor. The presence of a stamp in a passport removes suspicion from a person.

5. Dilute for money

Any of the above can be a formal reason for a fictitious marriage. But at the same time, one of the spouses is looking for additional benefits. For example, a man proposes to marry fictitiously for the sake of a good, but invented position, exactly when a woman buys an apartment. The lady does not see the catch and agrees for a small reward. But if the deal goes through after the wedding, the husband will claim half of the property.

In some cases, the marriage is fictitious only for one of the spouses - the one who benefits from it. The second at this time believes that everything is for real, believes in reciprocal feelings.

How to get married

1. For money. The person who benefits from the marriage pays his spouse.
2. By agreement. The parties simply negotiate the terms of the agreement and the benefits.
3. Deception. One believes in love to the grave or something else promised to him, the other is waiting for benefits.

Why is a fictitious marriage dangerous?

The stamp in the passport gives some rights. An unscrupulous spouse can use them for his own benefit, and the other party will suffer. The deceiver can pretend to be:

1. Receiving an inheritance

The spouse is the heir to the first stage. This means that he can claim a part of the property to which he has nothing to do. If something happens to you, your family may be left with nothing.

2. Division of property

According to the law, if there is no marriage contract, the property acquired in marriage is divided in half. So if the fictitious union is dissolved, the more successful spouse risks becoming poorer.

3. Alimony

The law obliges to support a needy ex-spouse if he:

• Pre-retirement. For women, this is the age from 55 years, for men - from 60.
• Retired within five years after divorce if the union was long. The court will decide if you were together enough for child support.
• Disabled during marriage or within a year after its dissolution.

It is possible that you will have to provide an absolutely stranger to you.

What is the responsibility for a fictitious marriage

Law enforcement agencies can intervene in the case. Although they are more interested in fictitious marriages with foreigners. The court annuls the residence permit, citizenship of the foreign spouse. In some cases, the offender can be expelled from the country. And on the fact of fraud, a criminal case will be initiated.

If both spouses are Russian citizens, it is highly likely that they will never come to the attention of the police.

How to recognize a marriage as fictitious

If the fictitious spouse is adequate and does not claim your property, simply divorce is sufficient. Otherwise, you will have to go to court.

A spouse who did not know about the fictitiousness of the marriage can apply to declare a marriage invalid. But you need complex proof that there was no family. For example, only a split budget is not a sufficient basis. Also tell us about the benefits that the spouse received from the fictitious stamp in the passport.

You can invalidate the marriage for another formal reason, if any. In this case, you will also be able to save the property from division. There are several reasons:

• You agreed to the marriage in the registry office involuntarily - because of coercion, deception or a state in which you could not adequately assess the situation.
• You have not reached the marriageable age of 18.
• At the time of the wedding, your spouse was already in another marriage.
• Your spouse is a close relative.
• The spouse was declared incompetent by the court due to mental disorder.
• The spouse hid the presence of a sexually transmitted disease or HIV infection.

How to prove that the marriage is not fictitious

If you are married to a foreigner and risk the interest of the investigating authorities, collect evidence just in case. Shared photos will do, tickets from shared trips - whatever. Look for witnesses to authenticate your family. And don't worry: if your marriage is not fictitious, they are unlikely to be interested in you.