How to declare a marriage invalid?

Upon a written application of the interested person, the state registration body of civil status acts cancels the act record of marriage registered with the persons specified in Part 1-3 of Article 39 of the Family Code of Ukraine.

Article 40 of the Family Code of Ukraine defines the grounds on which a marriage is declared invalid by a court decision:

1. A marriage is declared invalid by a court decision if it was registered without the free consent of the woman or the man. A person's consent is not considered free, in particular, when at the time of marriage registration he suffered from a severe mental disorder, was in a state of alcoholic, narcotic, toxic intoxication, as a result of which he did not realize the full significance of his actions and (or) could not control them , or if the marriage was registered as a result of physical or mental violence.

2. A marriage is declared invalid by a court decision if it is fictitious. A marriage is fictitious if it is entered into by a woman and a man or one of them without the intention of creating a family and acquiring the rights and obligations of a spouse.

3. A marriage cannot be declared invalid if, at the time of the court's consideration of the case, the circumstances proving the person's lack of consent to marriage or his reluctance to start a family have disappeared.

The right to apply to the court with a claim for the annulment of the marriage is held by the wife or husband, other persons whose rights have been violated in connection with the registration of this marriage, parents, guardian, guardian of a child, guardian of an incapacitated person, a prosecutor, a body of guardianship and guardianship, if the rights and interests of a child, a person recognized as incapable, or a person whose legal capacity is limited require protection.

The cost is determined taking into account the provisions of Part 2 of Art. 4 of the Law of Ukraine "On Court Fees" https://zakon.rada.gov.ua/laws/show/3674-17#Text.