Fictitious marriage: family as a tool to achieve goals
The rules and laws by which human society lives can be compared to program code. You may unintentionally introduce a lot of errors, but at least you can fail if different program blocks contradict each other and try to do mutually exclusive things. However, in any software code there are hackers who try to hack the system and use the program’s functionality to their advantage. And when for most people marriage is a way to create and legitimize new families, there are those who use this state institution for personal gain. In this case we are talking about fictitious marriages.
Contents of the article:
What is the difference between a fake and a real marriage?
It’s simple. The purpose of this marriage is to create a family if it primarily concerns the interests of one or both spouses, although, as a fictitious purpose, the purpose may be different. In other words, by entering into a fictitious marriage, the spouses are already deceiving the law with their intentions. But does this entail any punishment?
In accordance with the legislation of the Russian Federation, a fictitious marriage is not a crime and does not entail criminal liability. Recognition of a fictitious marriage only cancels the entry in the registry office and cancels the legal obligations between the spouses. In jurisprudence, there is even a special term for such cases – this is a transaction that is clearly invalid from the moment of its conclusion. One could conclude that there is no liability due to a fictitious marriage with the participant, but this is not entirely true.
Consequences matter
Fictitious marriages are not dangerous to society. What happens if two people are entered into a passport by mutual consent? However, the consequences may be criminalized by the act. In most cases this happens in two cases:
- Sham marriages are part of more complex fraudulent schemes involving illicit enrichment. For example, if a marriage is created to benefit the state or if a participant receives state funds for self-dealing in a support program for young families, they may be found guilty in court.
- If a marriage legalizes the presence of a domestic offender, the spouse entering into it may be found an accomplice to the crime and face criminal penalties for support.
Wait, what about if a businessman’s wife marries an elderly billionaire and, after the divorce, seizes half of his fortune? In this case, the chaplain simply shrugs. The state is also unharmed, but to prove the spouse’s self-dealing intent in court, a third party must also be a victim. And even competent and expensive lawyers can’t always cope with this task.
Is there really no escape from marriage scams?
Leaving a marriage is easy, but with deception comes dire consequences. You can try to prove the sham nature of the marriage and your spouse’s malicious intent in court. You’ll have to unearth all your family’s dirty laundry, fill out the witness lists, and hope for the judge’s favor. The fact is that most judges in our country are women, and the arguments of crying cheaters about broken hearts can be perceived as important.
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However, there is a solution to this problem. In our country, it is rarely used, but it has all the necessary legal grounds. It’s called a prenuptial agreement.
A prenuptial agreement is a reliable shield against a fictitious marriage
If you can afford competent and cost-effective family law attorneys, why hire them when you’re already deprived when you can insure them in advance? An expert with personal knowledge of the courts can draft the terms of a prenuptial agreement that will ensure the safety of your property from the attacks of a fictitious spouse, and you won’t have to cry bitter tears when she tries to cheat you.
Russian society considers such legal practice in marriage contracts somewhat perverted and reprehensible. Your future spouse may even be very convincingly offended. Or really offended. Therefore, you must decide for yourself how much you value the property you acquired as a result of over-working. A prenuptial agreement protects your rights in court.
What if everything is by mutual agreement?
Although cases of marriage fraud are widespread, the most common reasons for sham marriages vary. In Russia, their list includes.
Fictitious marriage
- Obtaining citizenship of the Russian Federation or permanent registration in the city
- Adopting a child
- Privatization of housing and mortgages
- Participation in state support programs for families
In the first two, everything is somewhat more complicated, if the last point, which we have already discussed, is not the most convenient outcome. Marriage to obtain citizenship is a widespread practice not only in Russia, but throughout the world. For example, according to US statistics, all fifth marriages concluded with citizens of other countries turned out to be fictitious and were used only to obtain citizenship. In Germany, entering into a fictitious marriage in order to obtain citizenship is considered fraud and is punishable by a criminal sentence of up to three years, after which the prisoner is deported from the country and is deprived of the right to enter for life.
Citizens of the former Soviet Union who came to Russia for semi-legal earnings often use fictitious marriages to legitimize them. And their spouses are not at all deceived women or men who also pursue their own interests. For example, the cost of concluding a fictitious marriage between a citizen of Ukraine who wants to obtain citizenship of the Russian Federation and a citizen of Russia ranges from 3 to 10, 000 US dollars. Serious business! According to statistics, 30% of marriages in Moscow are fictitious. Indeed, in other cities everything is not so sad. The share of fictitious marriages in the region rarely exceeds 5%.
What dangers does a fictitious marriage hide?
In most cases, both parties entering into a fictitious marriage know that it is fictitious. It’s simply making a shady deal, and you’re partnering with a shady character whose goals may be much more insidious than meets the eye. For example, a fictitious spouse who received a mandatory fee for marriage may further encroach on the husband’s property and put him in a difficult position. After all, recognizing a marriage as fictitious means actually recognizing that he received his citizenship illegally.
Film “The Bride’s War”.
And, of course, there are many pitfalls in this troubled water. So, for example, if a marriage can still be perceived as fictitious, then children are not fictitious. And if children are born in your marriage, you together take responsibility for raising them.
If you are still thinking about the need for a fictitious marriage for one purpose, we will not dissuade you. The imperfect code of the legal system gives rise to hackers who want to break it, and we cannot blame them for this decision. But we have one piece of advice – find a good lawyer before you start this!
