Recognition of marriage as valid. Recognition of marriage as invalid. Grounds for declaring a marriage invalid. What documents are needed

Pension payments do not reach the level of average wages. For the vast majority of pensioners, their monthly maintenance is at the level of the subsistence level in the region. The possibility of increasing the pension amount is provided by law. To use the rights granted, you must know them. The list of documents for pension recalculation is presented in the article.

In what cases do pensioners need recalculation?

Changes in pension provision concern old age insurance pension and insurance and.

Reasons affecting monthly maintenance:

Age 80 years and older.
The appearance of dependents.
Changing of the living place.
Change of disability group.
Accounting for non-insurance periods when registering until 2015.
Obtaining the status of Veteran of Labor.
Continuing to work after receiving a pension.
Termination of employment;
Transition from one type to another;
Death of the second breadwinner.

The video shows information about recalculation:

According to the law, when you live to 80 years, the amount of security increases due to a fixed additional payment taken into account in the formula for calculating the insurance pension. The amount established by law is subject to indexation to the level of inflation. He will tell you what payments are due after the death of a pensioner.

Upon reaching the age of over 80, this part of the insurance pension automatically doubles.

In 2017, a pensioner who has crossed this barrier will receive 4.8 thousand rubles in subsequent periods. more.

For each disabled family member, but no more than 3, an additional payment of 1,601 rubles is due. (RUB 4803 maximum).

A change of residence has an impact on the financial security of a pensioner if he works in the North and equivalent areas or lives while remaining unemployed. He will tell you about benefits for caring for a disabled child.

Working for several years gives the right to recalculate insurance points, which will increase coverage. Residents of regions with unfavorable climatic conditions are entitled to an increase in all payments, including pensions. Its size ranges from 1.15 to 2.

Disabled people who have not been assigned a lifelong group are required to be examined annually to ensure that their health status complies with the established group. He will tell you about the documents necessary for recalculating your pension.

In this case, the disability insurance pension can be reissued - increased or decreased:

3 gr. transferred to 2 gr. – increase in payment;
2g. – for 1 g. - increase;
2 gr. – by 3 gr. - decrease.

Non-insurance periods, when a non-citizen did not work for reasons provided for by law, have points taken into account for the pension.

These include:

parental leave for children up to 1.5 years;
emergency service;
care for the disabled 1 gr. or an elderly relative;
lack of work at the spouse's place of duty.

The average non-insurance period score is 1.8. In child care, 6 years of experience or a maximum of 15.6 points (for 4 children) are taken into account for experience.

The title of Veteran of Labor at the regional or local level may have an additional payment of up to 200 - 400 rubles. Find out about military pensions.

This benefit depends on the place of residence of the pensioner.

The budgetary conditions of most subjects of the federation do not allow such additional payments. The pensioner must continue to work after receiving the pension in order to complete the period giving the right to status.

Insufficient security forces people to continue working.

Recalculation is done annually on August 1, taking into account increased length of service and remuneration. Recalculation is important both for and for accrual.

In this case, the maximum number of points taken into account cannot exceed 3 or 256 rubles. in year.

Retirement gives the right to indexation, which is carried out for non-workers, but not for those who work.

Upon reaching 60 (55) years of age, disabled people have the right to switch to an old-age pension, if its amount is higher.

A disabled person receiving , in the event of the death of the second breadwinner, has the right to an additional payment in the amount of his insurance pension.

List of required documents for submission for re-registration

The recalculation can be made without the participation of a person of retirement age based on data available in the Pension Fund.

Automatic payment changes are made in the following cases:

if you live to 80 years old, it is calculated;
continuation of work after receiving a pension;
changes in disability group;
retirement.

In other cases, the pensioner must contact the local Pension Fund department with an application for recalculation and supporting documents:

For additional payment for dependents:
- certificates of cohabitation;
- passports;
- birth certificates;
- medical reports;
- disability certificates.
When moving to the northern regions:
- passport registration details;
- an extract from the work record book about the length of service;
- a copy of the employment contract.
For receiving the title Veteran of Labor: certificate.
To re-register a disability pension to an insurance one: data on non-insurance periods.
In case of loss of the second breadwinner: death certificate.

Non-insurance periods not taken into account when submitting documents to the Pension Fund before 2015 can be clarified in subsequent periods by submitting the relevant evidence. Find out about the one-time social payment to employees of the Ministry of Emergency Situations for housing.

A package of documents for recalculating a woman’s pension for children

Recalculation of pensions issued before 2015 applies to women who gave birth to more than one child before 1990.

According to the previous pension legislation, the length of service taken into account did not include the period of free parental leave of up to 1.5 years.

According to new regulations, these periods are included in the insurance pension. To re-register, you must contact the Pension Fund at your place of residence with the following documents:

application for recalculation;
children's birth certificate;
children's passports.

Passports are required to confirm the upbringing of children under 1.5 years of age. In the event of the death of a child, a death certificate is presented. A supporting document may be a certificate of secondary education.

The video shows how the pension for children is recalculated:

For, as well as after retirement, requiring a personal application to the departments of the Pension Fund, it is necessary to have supporting documents. This responsibility by law lies with the applicant. In cases where all the necessary data for re-registration is available in the database, it occurs without the participation of the pensioner. He will learn about the increase or decrease when he receives his monthly allowance.

Some people, being in an emotional state, agree to register a marriage. Later, the understanding comes that the wedding was insincere or the spouses are disappointed in each other after learning about the true goals of marriage. Even if a divorce is filed, a trace of the marriage remains for life: a stamp in the passport and other documents, certain obligations, etc. In such cases, you can demand the annulment of the marriage (declaring it invalid), but not everyone knows how to do this and what legal consequences await the unfortunate spouses.

Annulment of marriage

A marriage entered into in violation of the norms is considered invalid.

A marriage is recognized as invalid if the conditions established by Articles 12 - 14 and paragraph 3 of Article 15 of this Code are violated, as well as in the case of a fictitious marriage, that is, if the spouses or one of them registered a marriage without the intention of starting a family.

Article 27 of the Family Code of the Russian Federation

Until declared invalid, any marriage is considered legal.

Grounds for recognition

The Family Code lists all the grounds. No other fact can serve as a basis. A marriage union is declared illegal:

with a person or persons who were forced into marriage without taking into account their disagreement;
with a person who has not reached marriageable age and has not received permission in accordance with the procedure established by law for early registration of marriage;
if there is another registered marriage;
in the presence of a marriage between close relatives in a direct ascending and descending line: between parents and children, grandfather, grandmother and grandchildren, full and half (who have a common father or mother) brothers and sisters, between adoptive parents and adopted children;
if it is concluded between persons, at least one of whom is recognized by the court as incompetent due to a mental disorder;
if one of the married persons hid from the other the presence of a sexually transmitted disease or HIV infection;
when concluding a fictitious marriage, i.e. marriage without the intention of starting a family.

To declare a marriage invalid, the presence of at least one circumstance established by the Family Code is sufficient.

In practice, the reason for the recognition procedure is most often fictitious, that is, marriage without the goal of forming a family.

Illegality of marriage with a citizen of another country

If your spouse is a foreigner, the union may be declared illegal if the conditions of marriage in at least one country are violated. For example, polygamy is not prohibited in Egypt, and an Egyptian citizen can marry a citizen of another country. But in Russia there is a principle of monogamy, therefore Russian laws do not recognize a marriage union if one of the spouses is already married.

In addition to Russian family legislation, the legality of marriages with foreigners is regulated by:

family law of the country of which one of the spouses is a citizen;
international conflict of laws rules;
agreement between the Russian Federation and the Republic of Egypt on legal assistance and legal relations in civil, commercial and family matters;
agreement between the Russian Federation and the Republic of Poland on legal assistance and legal relations in civil and criminal cases;
Agreement between the Russian Federation and the Republic of Georgia on legal assistance and legal relations in civil, family and criminal cases.

Thus, it is important that the laws and regulations of both countries are taken into account. For example, if there are no violations on the part of the bride (citizen of the Russian Federation), and the groom violated the norms of his state (for example, he hid an illness), then the marriage is considered illegal according to Russian laws.

Annulment of marriage

On the one hand, annulment is actually a recognition of illegality. Some, having learned about the procedure for carrying out this procedure, come to the conclusion that it is troublesome and they simply need to annul the marriage in order to avoid the legal consequences of a marriage relationship “by magic.”

On the other hand, annulment is achieved if the marriage is contested. In such cases, you also need to follow the standard procedure. The only difference is the grounds for such a procedure.

For example, a woman decides to annul a disputed union. The reason for initiating the procedure was the fact of severe alcohol intoxication at the time of marriage.

Invalidation of a divorced marriage

Divorce and annulment of marriage are completely different concepts.

After a divorce, the marriage union cannot be declared illegal. Recognition of illegality after a divorce is carried out only when exceptional grounds arise.

If, after the divorce, the former other half entered into a new marriage, and then a lawsuit was filed to annul the divorce, then the new union is not considered illegal. Since a new marriage has been concluded, the divorce will not be cancelled. But sometimes other reasons are discovered, in which case the divorce will not be cancelled, you can only remarry.

Differences between a void marriage and a dissolved one

Divorce involves stopping the responsibilities of marriage. And if invalid, all legal relations are canceled from the wedding day.

If there were property relations in the marriage (joint purchases, etc.), they are regulated not by the Family Code, but by the Civil Code (Articles 244–252). If during the marriage a marriage contract was drawn up and executed, then with the moment of divorce it comes into force, and with recognition of its invalidity, on the contrary, it is annulled.

Some people confuse the concept of “void marriage” with the concept of “failed marriage.” In fact, such a marriage is concluded not in violation of the general norms of the law, but in violation of the recording of the act. For example, if someone else’s passport is presented, or the bride or groom is absent. Such a marriage was not registered correctly, and therefore did not exist. Failed marriages do not need to be declared illegal. An entry from the register book of the registering authority is withdrawn based on a court decision.

Order

A marriage can be declared illegal only in a judicial manner established by the Civil Procedure Code.

Without a court decision on its illegality, it is impossible to refer to the invalidity of the marriage, even if there is strong evidence.

Asiyat Kirasirov, lawyer

For the recognition procedure, you need to contact the district court. Territorial jurisdiction is determined by the defendant's registered address. When accepting a claim, the court will consider whether the plaintiff is proper, that is, whether he has the right to bring such a claim to court. Also important is the question of whether the reason for filing the application is a basis from the point of view of the law. If the grounds are insufficient, the claim will be rejected.

You can file a claim for recognition of invalidity at any time, since there is no statute of limitations in such cases.

First you need to fill out an application. It should include the following data:

name of the court;
information about the plaintiff;
information about the defendant;
cost of claim (if any);
descriptive part (circumstances of the current situation);
pleading part (demands: for recognition of invalidity, for annulment of a marriage record, for compensation for damage, etc.);
signature and date.

The application must refer to legal norms

During the trial, a decision is made that is considered to come into force from the moment the illegal marriage is registered.

For example, the marriage took place on May 1, 2010, the trial took place on March 1, 2017, and during the trial a decision was made to declare it invalid. The marriage is annulled. Legal consequences come immediately, the former “spouses” will leave the courthouse in the status in which they were before the marriage was registered. Within three days, the decision will be sent to the registering registry office and the entry in the registration book will be cancelled.

Ksenia Artyushkina, lawyer

What documents need to be attached to the application?

The claim must be drawn up in two copies (one copy will be sent to the defendant). The state fee must be paid before filing a claim in order to attach a receipt. You can pay the state duty at the cash desk of any bank, at payment terminals at Sberbank offices and at the post office. By the way, the state fee for invalidation is 300 rubles.

Another mandatory attachment is the marriage registration certificate. You can attach a copy of the certificate to the claim, but you must give the original at the hearing, as the judge must take it away. If there are children from such a marriage, birth certificates of the children are needed (copies are possible). The originals will not be taken away. Then everything depends on the circumstances. It is necessary to prepare documents confirming the validity of the requirements.

First, you need evidence. For example, if the basis was bigamy, copies of documents confirming the existence of a second marriage, testimony of witnesses, etc. must be attached as evidence. If the reason was to conceal the fact of a venereal disease, you must attach medical certificates, an extract from the medical record, etc.

Secondly, if there are any requirements other than recognition itself, they need to be justified. For example, if a claim is made for compensation for material damage, you need to justify the cost of the claim (checks, receipts, printouts from accounts, etc.).

A list of all attached documents must be included in the claim itself.

Who has the right to demand that a marriage be declared invalid?

The list of persons who can file claims for illegality of marriage is determined by Article 28 of the Family Code:

minor spouse, his parents or guardianship authorities;
spouse whose rights have been violated;
a spouse who did not know about the fact of the illegality of the marriage;
guardian of a spouse declared incompetent;
spouse from a previous undissolved marriage (if the basis is bigamy);
a spouse who did not know about the fictitiousness (if the basis is fictitious);
other persons whose rights were violated by the conclusion of this marriage;
prosecutor;
guardianship and trusteeship authorities (in cases relating to minor spouses or incompetent persons).

Trials of this kind are held in the presence of a limited number of people, since disclosure of someone's private life may violate the rights and interests of the parties involved

If we are talking about the marriage of a person who entered into a marriage before the age of marriage, but at the time of the trial the age of marriage was reached, then the presence of guardianship authorities is not required. Moreover, in this case, only the spouse himself can file a claim. For example, a girl was forced into marriage at the age of 17 (1.5 months left until adulthood). After consulting with a lawyer, her mother drew up a statement of claim demanding an annulment of the marriage because she was not under the age of marriage at the time of marriage. But the mother’s application was not accepted, since at the time of filing the application her daughter had already turned 18.

The prosecutor may file a declaration of invalidity if the fact of forced marriage is revealed. Sometimes a civil case can smoothly turn into a criminal case. For example, when the ritual “theft” of a minor bride with subsequent registration turns into kidnapping.

Ekaterina Guryanova, lawyer

If the victim is incapacitated, representatives of the guardianship authorities can submit an application for recognition of the illegality of his marriage. In practice, there are cases when young women marry disabled pensioners. Later they register a residence permit in the spouse’s apartment, and sometimes draw up a will. Most of these cases end in the satisfaction of the claim of the guardianship authority and the eviction of such “wives” without the provision of other housing.

Legal consequences

The abolition of all legal relations implies the abolition of marriage relations. Property issues are regulated by the Civil Code, that is, ex-spouses are left with what they had before marriage. If joint property was acquired, the former spouses can enter into a voluntary agreement or divide the property in accordance with the rules on shared property. An interested party may file a claim for recognition of the right to part of the property.

The spouse who did not know about the circumstances making the marriage invalid (the bona fide spouse) has the right to demand payment of alimony for his maintenance in accordance with Articles 90 and 91 of the Family Code. Also, a conscientious spouse can leave his marital surname if he likes it.

Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.

Clause 1 of Article 1064 of the Civil Code of the Russian Federation

Many people, on the eve of the trial, utter words about compensation for harm, but few know what compensation for harm and in what form can be demanded. Thus, it is possible to indicate material and moral damage in the pleading part of the claim. Moreover, payment of the amount appointed by the court can be recovered not only from the person who caused this harm.

Sometimes unscrupulous spouses, fearing an award of damages, agree to voluntary compensation

The legal consequences of recognizing the illegality of a marriage do not apply to children. Children. those born in such marriages have the same rights as other children.

The recognition of a marriage as invalid does not affect the rights of children born in such a marriage or within three hundred days from the date of trial. Children born in a marriage declared invalid (or within three hundred days from the date of recognition of the marriage as invalid) have the same rights and obligations in relation to their parents and their relatives as children born in a valid marriage.

Article 30 of the Family Code of the Russian Federation

Arbitrage practice

In practice, 99% of claims for recognition of the illegality of marriages are satisfied. The fact is that the norms regulating this procedure prevent violations of the procedure already at the stage of accepting applications. And in the case of simple unwillingness to be married, it is much easier to get a divorce than to start the recognition procedure.

The most prominent cases of this kind in Family Law are claims for moral damages. The fact is that it is almost impossible to prove moral suffering. One can compare mental suffering with the prices of neurologists and psychotherapists, but even when presented in court with medical evidence of such harm (in the amount of up to 500,000), the court refused to satisfy.

The exception is marriages with a prenuptial agreement, in which this probability is indicated. But in Russia there are only a few such cases. By the way, in some Western countries it is much easier to obtain compensation for moral damage than recognition or divorce itself. The difference is that Russian courts are based on articles and norms of legislation, while Western courts consider each claim on a private basis.

Rehabilitation of an invalid marriage

Rehabilitation of a marriage declared invalid is the cancellation of the invalidity of the marriage or recovery. However, the court can, but is not obligated to, sanitize the marriage. In order to save a marriage that may be declared illegal, the circumstances that make the marriage illegal must be eliminated.

Article 29 of the Family Code defines the circumstances eliminating the illegality of marriage:

The spouses (or one of them) have reached marriageable age, if the union was concluded during the minority of one of them (or both).
Divorce of a previous marriage or a decision of a judicial authority to declare it invalid.
Cancellation by the court of the decision on the fact of adoption between spouses.
A court decision that annulls the incapacity of a person in a marital union.
The creation of a family by subjects of legal relations, but only if at the time of registration they did not strive to achieve such a goal.

In practice, rehabilitation is carried out most often in the first two cases. For example, the parents of one of the parties achieved a declaration of invalidity, and a couple of months later the young people in love achieved the overturning of the court decision.

The procedure for restoring marriage

The reorganization procedure is not much different from any other action carried out through going to court. Moreover, you should apply to the same court that declared the marriage invalid. Documents needed:

statement of claim;
copies of passports of former spouses;
a copy of the court decision on invalidation;
confirmation of elimination of the circumstance for invalidation;
receipt of payment of state duty.

A decision made by a court may come into force from the date of its registration, or from the day when the grounds for illegality no longer exist. It all depends on the judge.

An invalid marriage is a marriage entered into illegally, that is, in violation of established procedures. A marriage can only be declared invalid by a court and on the basis of a statement of claim. The court decision comes into force from the date of marriage registration. But the invalidity of a marriage can be canceled by also filing a statement of claim. You can file a claim yourself or contact a lawyer.