Legal encyclopedia. Letter H

NULLITY OF MARRIAGE.

Marriage registered with the registry office can be recognized by N. on the grounds provided by law, and only by a court decision. The list of grounds on which the marriage can be recognized by N., established in the UK, is not exhaustive and extensible.

The grounds for recognizing the marriage of N. are:

1) absence of mutual voluntary consent for the marriage. The mutual voluntary consent of persons entering into marriage is expressed in the fact that they consciously and voluntarily take a joint decision to conclude a marriage with a certain person. Therefore, those entering into marriage should be aware not only of the significance of the actions (filing an application, registration of a marriage), but also the legal consequences that are generated

Marriage, and wish for them to come. The order of marriage in the registry office should ensure the identification of the true will of those entering into marriage;

2) marriage can be recognized by N. if it is concluded without the permission of local government bodies by a person (persons) who have not attained marriageable age. Such a marriage can be recognized by N. only in cases where the interests of the minor spouse so require, and also if there is his consent to the recognition of the marriage of H.;

3) marriage is recognized by N. if it was concluded by a person (persons) already in another, not divorced, registered marriage.

Entering into a second marriage without ending the previous one is a violation not only of a direct ban, but also of the fundamental principle of family law - monogamy (monogamy). In all cases, the second marriage is recognized. Marriage on this ground can be recognized as valid if prior to the consideration of the case by the court the previous marriage is terminated or recognized by H .;

4) N. recognizes marriage, concluded between close relatives.

Legal importance is attached only to direct kinship of any degree and to the side relationship of the second degree. Full and not full-blooded brothers and sisters, i.е. Having a common father or mother, can not marry. This rule applies to persons who are born out of wedlock;

1) NB is recognized by the persons who are in the relationship of the adopter and the adopted person;

2) NB with a person (persons) recognized by a court as legally incompetent due to a mental disorder.

The incompetence of a person who, by virtue of law, is an impediment to marrying, as well as grounds for recognizing the N. of the marriage with him, must be established by the court;

1) the basis for the recognition of the marriage of N. is the concealment by one of the married of another having a venereal disease or HIV infection;

2) the basis for recognizing the marriage of N. is the fictitiousness of marriage, i.e. If the spouse or one of them registered a marriage without the intention to create a family.

Violation of any other requirements, in particular the procedure for registering a marriage (registration of a marriage before the expiration of a one-month period or by a registry office, not in accordance with the statutory place of registration of marriage, etc.), is not grounds for recognizing the marriage of N.