Fictitious divorce and its consequences in 2020

The law determines the right of spouses to divorce. In some cases this happens by mutual consent, in some the court divorces them at the request of one spouse despite the reluctance of the other. However, in judicial practice there are also fictitious divorces, when in reality the couple remains together, but files an official divorce. Usually spouses pursue selfish goals. The law prohibits such fraud. They could end up being involved in a criminal case. In this article we will consider the nuances of fictitious divorces and responsibility for their commission.

What the law says about fictitious divorce

In the legislation of the Russian Federation, namely in the Family Code, there is no definition of fictitious divorce.
In order to dissolve a marriage, the consent of both spouses is sufficient, so it is not at all necessary to explain for what reasons the married couple decided to annul the marriage. To understand what the concept of a fictitious divorce is, you need to understand the reasons that precede it. Why do people take this essentially fraudulent step:

To obtain living space (apartment) using a state program that does not require a stamp in the passport.
To obtain a mortgage loan in order to reduce the interest rate.
To be eligible for a subsidy. It is also possible to file a fictitious divorce to receive unemployment benefits or low social security.
To be able to take advantage of benefits on utility bills.
To hide the actual profit.
To speed up the receipt of maternity capital.
In order to obtain temporary registration.
To prevent loss of property if illegal business takes place.

Many young people believe that through a fictitious divorce they can get a head start on deferment from the army. It is not true. The reverse scheme is often used, when guys of military age falsely marry pregnant women or women with 2 minor children.

Basic Concepts

What is a fictitious divorce? Many people don't even understand this term. How can a divorce be fictitious? This kind of marriage is understandable. Because a fictitious marriage is recognized in the Family Code, this concept is discussed there. It is concluded with certain goals, of which in reality there are many. This is a material benefit, receiving some benefits. Why do people get fictitious divorces? Moreover, judicial practice does not support the recognition of this type of divorce. This concept does not exist in the Family Code. The goals pursued by a fictitious divorce are few. But they exist and lie in the circumstances discussed below.

Solving housing issues

Fictitious divorce is often encountered when distributing living space. Workers dealing with this issue are faced with this concept. This is especially true when distributing housing due to relocation from old dilapidated houses, and not when selling living space. When resettling, low-income people arrange a fictitious divorce in order to get two apartments. After this, they get back together and live together.

Using this type of scam in business

When people have a highly profitable business and are connected in any way with criminal organizations, there is always a threat of losing everything material. There is also a threat to the family. Therefore, when things get serious, people get divorced. They live separately, while the children and second spouse are not in danger. In circumstances where the case ends with the death of one of the partners, the second receives monetary support and no penalties are imposed on his share of the property.

Divorce to hide your income

The situation when all property is transferred to the second spouse is common. This happens when it is necessary to hide illegal income. Then it turns out that in a fictitious divorce everything remains, for example, to the wife. But for my husband, it turns out that there is nothing, and never was.

A fraudulent divorce always has goals that are illegal. Spouses will have to fake a bad relationship and fight to make it seem believable. The best way out in this situation is to hire lawyers on both sides who will represent the interests of the spouses by proxy.

Housing

Not all couples with a child have their own living space and sufficient funds to buy it, as they would like. Then one of the spouses comes up with a “brilliant” idea - to get an apartment through a social program operating in Russia. Since living space is reserved for low-income citizens, and the husband and wife’s combined income does not fit into this category, they decide to divorce only on paper. This is how fictitious divorces appear to obtain an apartment. In this case, the woman will have to run through the authorities to obtain the status of a single mother. It will also take some time until the apartment is provided by the state out of turn.

If, after receiving living space, the husband and wife sign again in the near future, then unpleasant actions may follow from law enforcement agencies. Carrying out a fictitious divorce, the consequences of which may be unexpected for a married couple. Fraudulent schemes are subject to punishment in accordance with Article No. 159 of the Criminal Code of the Russian Federation.

Judicial practice on fictitious divorces

Practice indicates a complex process of proving the fictitiousness of a divorce. The main evidence of such a case can be joint travel, common concerns, meetings, joint shopping trips, and the resumption of life together after receiving benefits.

Properly studied cases make it possible to recognize the termination as fictitious even if it was carried out legally. It is important to establish the purpose of the divorce, for the sake of which the imitation of the break was made. Such situations are always quite confusing. For example, a cohabitation situation can easily be explained by a difficult financial situation.

Mortgage

Some categories of citizens can purchase housing at reduced interest rates - families with 1 child, with parents under 35 years of age, and families with children (the age of parents is not limited), as well as low-income families in need of improved housing conditions. Thus, “brave” couples use fictitious divorces to obtain a mortgage, in which, after the divorce, the woman receives the status of a single mother and can apply for a mortgage loan at reduced interest rates. Comparing Moscow prices, you can understand that the savings are obvious when applying for a mortgage; having this status, instead of 12.2% on a social mortgage, you can actually pay from 10.6% to 11.1%, depending on the amount of the down payment.

Main reasons

An imaginary transaction must have some benefit, as it carries certain risks. The most common reasons for a fictitious divorce are the following:

property division;
improve living conditions by participating in a government program;
receiving benefits, subsidies, allowances;
prevent the description of property as a result of conducting illegal business;
hide illegal income;
reduction in child support payments;
in order to obtain a residence permit in another country if one spouse is refused.

And this is not the entire list of reasons that may prompt spouses to resort to this kind of deception. A fictitious divorce may not necessarily occur on the initiative of both spouses; very often such an imaginary transaction is carried out by one person, husband or wife, in order to cause material damage through a fictitious reason. This is a direct effect of fraud, which today is very difficult to prove, unless the other party goes to court with a claim and weighty arguments.

Subsidy

In order to receive a subsidy or allowance from the state for certain payments or services, the family must have the status of large / low-income.

Some married couples get a make-believe divorce, that is, they go through the process of filing a fictitious divorce in order to receive a subsidy/benefits. Everything is clear here, the main breadwinner leaves the family upon divorce, which means the total income is reduced, which gives the woman the right to receive a certain status and, as a result, the opportunity to receive a subsidy / allowance from the state for:

payment of utility bills;
free visit to a country camp or with partial payment;
reduced property tax rates;
covering expenses spent on the purchase of sportswear and school uniforms;
discounted meals at school and kindergarten;

For Muscovites, St. Petersburg residents and residents of some other regions, a one-time payment is provided for low-income families with first-graders.

If someone thinks that illegal divorce in order to receive a subsidy solves all financial family problems and improves life, then he is mistaken, because even if you manage to get a divorce quickly, then by signing again or having the divorce recognized as fictitious, you will have to lose all available benefits and allowances , because family income will increase, which means the family will lose its low-income status. The same may result in filing a fictitious divorce in order to receive any benefits.

Using a fictitious divorce to obtain payments from the state can have consequences not only in the form of a fine, but also in the form of the need to fully return to the budget the entire amount received in the form of benefits and subsidies.

The path to a real divorce

A divorce played out by spouses to achieve some goals can serve to ensure that the divorce will be real.
And recognizing the dissolution of the union as fictitious will be impossible. The situation when one partner has long wanted to get a divorce, but does not dare, is also not uncommon. He proposes a fictitious divorce scheme, for example, to improve housing conditions or to receive subsidies. The second spouse agrees and becomes involved in this matter. A divorce occurs, but after it a whole tragedy begins. The unsuspecting spouse finds himself under a double blow . He was betrayed by a loved one, and he also found himself without a share of property. There are cases when a real divorce is not included in the plans of the spouses. In this case, it is necessary to present the situation in court very well, think through all the little details, all the remarks. Everything should look believable, insulting each other and even fighting. Not everyone can go through this. You definitely need a lawyer who can help you in many matters.

And in this case, it happens that the entire trial process drags on, exhausting the nerves to such an extent that people no longer see the line between the game and real life. As a result, quarrels happen that are not planned, they lead to a real divorce.

Conclusion

In modern life, divorce in the family is a common occurrence. It always affects the moral state of both spouses and their children. Also, the process of divorce requires the provision of a different number of documents, both mandatory and additional. It depends on each specific situation. In some cases, divorces are easy and quick, in others they take a long time, are complicated by various circumstances and are completely exhausting for both parties.

The procedure for divorce and the list of documents provided are defined in the Family Code of the Russian Federation. In addition to it, there are certain documents from different territorial divisions of our country. Therefore, in each case, divorce is an individual situation that is easier to handle with the help of a qualified lawyer. He will help you quickly understand the situation, save time and select a list of all the necessary documents, even if it is a fictitious divorce.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

Young Family Program

Financial government support is really important for young families. The goal of the “Young Family” program is to use subsidized funds to help young families obtain housing. To enter the program you must meet certain requirements.

The first requirement is that each spouse must be under 35 years of age. Also, a family can become eligible to participate in the program if the husband or wife is over 35 years old and the spouses are raising minor children.

The second requirement is that the family must be included in the list of those not provided with adequate housing conditions.

The third requirement is that the income portion or personal savings must in total correspond to the amount necessary to pay for the proposed housing space in part exceeding the subsidy range. The desire to get housing leads young people to the decision to create an imaginary marriage relationship.

In a situation where a woman or man is over 35 years old and has children under the age of majority, a fictitious divorce is filed, and in this case the “Young Family” program can help in obtaining living space.

Using this method of obtaining housing, i.e. a fictitious divorce, may have a negative impact on further history. The result of recognizing such a divorce as fictitious may be a 5-year restriction on the recognition of the family, including improving living conditions and being placed on the waiting list.

Which divorce is considered fictitious?

When people do decide to get a divorce, they stop being a couple and in most cases no longer live together. This may be due to personal hostility or a new relationship. However, when a divorce is fictitious, the couple does not actually separate.

Important! The only thing that changes in their lives is that people are no longer officially married. But in fact, they continue to remain spouses and may even expect to register their family again in the future.

From this we can conclude that divorce cannot be considered real if the partners remain together. Many such couples live together, maintain a common budget, and invest in the family. Perhaps they even have common children that the ex-husband and wife are raising together. Less often, people actually separate, but still intend to get back together. In any case, they do not consider their marriage to be over and are not looking for a new relationship.

Divorce is an extremely unpleasant procedure, even if it is not real. So people decide to do it for a really good reason. As a rule, the reason is illegal, and we will now look at possible reasons.

Getting an apartment. For example, this is relevant in the case of relocating people from a dilapidated house. Partners file for divorce in order to get two apartments at once, not one. And after they are given housing, the couple gets back together and may even register their marriage again.
Business. It may be necessary to not truly get a divorce if the partner is in a dangerous business. When a person is associated with the criminal world, there is a need to protect the family. To do this, the couple can pretend that a divorce has occurred, and the spouse and children begin to live separately. In this case, your loved ones will be safe, and when everything calms down, you can get back together.
Hiding income. In this case, the divorce is carried out in order to conceal illegal sources of income. For example, they are transferred to the ex-wife, but the husband, in fact, had nothing and does not have anything.

There may be other reasons why people decide to deceive the state or other citizens. However, you need to understand that if fraud is suspected, then negative consequences cannot be avoided. Therefore, it is necessary to understand that deception will definitely not lead to anything good.

The state or other people may become interested in a couple who has suddenly decided to divorce and is quite obviously pursuing a certain profit. It is not that difficult to prove that spouses are trying to cheat. Moreover, their plan may be revealed even in court, and, as a result, they will refuse to dissolve the union.

If a divorce, say, to obtain an apartment, has already occurred, then it may be necessary to prove fraud. To do this, you can use the testimony of witnesses who see the couple together and observe a romantic relationship. Perhaps neighbors will even be able to say that people continue to live together. Sometimes relatives manage to let slip that the dissolution of the union was fictitious.

Also, various documents and photographs can serve as evidence that can confirm that the partners have not separated. Each case is individual, so it is impossible to say unequivocally how exactly it will be possible to prove the fact of deception. Note that the court will not be able to recognize the divorce as fictitious. However, such an event may be positioned as a fictitious transaction or fraud.

When there is evidence that a divorce is fraudulent, people may face negative consequences. Because in court, firstly, the deal is considered void. Therefore, it will be considered that the citizens are still married. All procedures resulting from the divorce will be annulled. Secondly, criminal penalties may apply depending on the situation.

If one person or both spouses decide to deceive everyone for selfish purposes, then they may be considered fraudsters. In particular, we are talking about illegally obtaining an apartment or concealing income. In this case, people can be fined, forced to perform correctional labor, and even imprisoned.

By the way, the procedure of fictitious divorce itself is not punishable. But they can be convicted for what became the reason for deception. Therefore, people should not think that they will not suffer anything for fraud.

Other consequences include the fact that a fake divorce may eventually become real. Because the trial is difficult and emotional. People will not be able to remain indifferent to it, because they may simply not believe that they really want to break up. Therefore, you will have to make trouble and show negative emotions towards each other. As a result, you can really ruin the relationship and no longer want to get back together.

There is also a risk that the spouse who has expressed a desire to get a fictitious divorce actually wants it. Perhaps he already has someone, or he wants to receive half of the jointly acquired property. That is why he hides behind a fake divorce, because he is afraid that the partner will not give his consent otherwise. Such cases are not uncommon, so it is recommended to be wary.

A fictitious divorce, like a fictitious marriage, is another tool of people who want to receive some benefits in a not entirely honest way. Often, people who want to take part in government housing programs resort to fictitious divorce.

Public politicians do not shun this either, for example Vladimir Volframovich Zhirinovsky.

For example, if a housing program has restrictions on the age of spouses, as in the “Housing for Young Families” program, some families have minor children, but one of the spouses is already over 35 years old. Such spouses are fictitiously divorced so that the younger spouse, under 35 years of age, can take part in this state program.

Thus, a fictitious divorce allows families in which one of the spouses is over 35 years old to bypass the age requirement and qualify for preferential conditions for purchasing housing.

Fictitious divorces are often used by people serving in structures in which employees are provided with housing at the expense of the state. These include military personnel, police, prosecutors, and customs officials. The fraud scheme here is as follows: such unfortunate servicemen transfer the existing housing to close relatives and try to get an apartment from the state.

In most cases, such people face a criminal case under the article “Theft of funds when receiving social benefits by providing knowingly false and unreliable information, committed by a person using his official position, on an especially large scale.” This crime is punishable by a fine of up to one million rubles and imprisonment of up to 10 years.

Fictitious divorce is also often used by low-income families to obtain various subsidies and benefits. If the breadwinner leaves the family, the average per capita income in the family is reduced to the level required to obtain the status of a “low-income family.”

After such a divorce is finalized, the family continues to live the same life, but they also apply for benefits and subsidies to pay for utilities. In addition, low-income families receive free meals at school and reimbursement of costs when purchasing school and sports uniforms. Such families are entitled to free travel on public transport and benefits when entering universities.

With the help of a fictitious divorce, individual entrepreneurs whose business is heading for ruin, and by law they are obliged to answer for their obligations with all their property) leave creditors with nothing.

They do it like this. One of the family members registers as an individual entrepreneur, accumulates debts, and when creditors begin to demand payment, everything is registered in the name of the wife, followed by a fictitious divorce.

Under this condition, the bailiffs simply will not find anything with which to pay off the debts; there will be nothing to describe and arrest. Formally, the hidden property no longer belongs to the debtor, and no one can seize it.

Formally speaking, one can try to challenge such a situation in court - after all, the creditor seems to have the right to demand the allocation of the share of the debtor spouse due to him during the division of the spouses’ property. But even lawyers rarely take on such cases, especially if there are children in the family.

It is not uncommon for people to resort to a fictitious divorce in order to obtain a residence permit or citizenship abroad. For example, if one spouse has a close relative abroad, and the other does not, then there is a high probability of refusal to obtain a residence permit.

To get around this obstacle, people file a fictitious divorce, and the chances of a single spouse moving with relatives increase significantly.

True, for the second spouse there is no guarantee that the husband who has already left abroad will want to drag his wife abroad, and will not find someone better there.

Fictitious divorce schemes always pose great dangers:

Firstly, those who discover such an incident will be deprived of everything that was obtained by using such a technique
Secondly, this is a direct criminal offense.
Well, in the end, such people become easy prey for scammers; few people dare to report their own crime to the police. Even if the scammers are close people.

For example, not long ago, one family from Southern Medvedkovo filed for a fictitious divorce in order to receive a subsidy for the purchase of an apartment. The husband registered the apartment purchased after the divorce, and a will was drawn up for the wife.

They would have lived so happily if not for the death of their spouse. When the will was opened, it turned out that the testator had managed to rewrite the will in favor of his mother. And after his death, his wife was literally left on the street.

Lengthy litigation led nowhere; the wife tried to appeal to the fact that the apartment was purchased during marriage and, in accordance with Article 1175 of the Civil Code of the Russian Federation, the heiress must be liable for the debts of the testator in the amount of the value of the property. But the court sided with the mother of the deceased.

In some situations, married couples behave extremely creatively.

Often the idea of staging a divorce arises. This often happens if one of the spouses or both pursue selfish motives.

The process is quite simple: divorce papers are filed in the usual manner and the marriage is dissolved. In fact, the couple is no longer husband and wife. Based on this, the concept of “fictitious divorce” was formed. This procedure also takes place if the couple intends to receive a temporary dividend payment.

You should know that such a divorce can entail a number of unpleasant consequences for the spouses.

Almost always, when a husband and wife try to implement such schemes, they fail. There are a number of reasons that can interfere with the intended plan. Having initially dissolved the marriage, the spouses plan to sign again, but in the end the staged divorce becomes real. There is no clear definition in the law that says that such a divorce is illegal, but if you decide to take this step, you should know all the nuances and subtleties.

Business

If an entrepreneur conducts business dishonestly or illegally, he sees a fake annulment of marriage as a way out. The scheme here is simple and many people use it. In order not to lose assets, the businessman transfers movable and immovable property to his wife/husband. Then, by mutual consent, the spouses write a statement declaring the marriage invalid. Then they continue to conduct business without worrying about anything, since the property is still in good hands. However, you always need to think about the consequences, that in a real separation you can lose everything.

It is also worth remembering that recognizing a divorce as fictitious is possible even if one of the spouses, already in the process of legal proceedings on business issues, quickly begins to transfer property to the other spouse.

Why is such a divorce dangerous?

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8 – For regions of Russia

8 – Moscow and Moscow region.

8 – St. Petersburg and Leningrad region.

Striving to achieve their goal through a fictitious divorce, many spouses forget about the great danger that threatens them in this case.

Divorces that take place in court with property and other disputes are always loud, with emotions showing. Spouses undergoing a fictitious divorce need to call on all their acting skills to perform this performance. After all, if their behavior is calm enough, the court may suspect that the divorce is not real.
It may happen that in this performance one or both spouses overdo it. Excessively throwing mud at each other can make the quarrel become real. It often happens that the couple actually separates after this.
During a high-profile trial, there are usually many witnesses present: relatives, friends, neighbors. And they all must believe in the truth of the events taking place. You can’t tell anyone the secret, otherwise everything could end in tears.
Lawyers are often hired to resolve divorce issues. And as judicial practice shows, they are not always useful, although they are expensive. A lawyer can be most helpful if he can help you do everything right without going to court. And to do this, he needs to be devoted as much as possible to all the intricacies of the matter.
Losing property is a big risk. The danger of losing property during a divorce is very great. A husband, for example, wanting to hide his income or evade paying taxes, entrusts all his property to his wife. She, in turn, can recognize the divorce as real. And the fact that this is a fictitious divorce cannot be proven. In this case, the wife receives all her property upon divorce, and the husband is left without an apartment.

Property can be transferred to the wife at her own suggestion. This is done in order to protect all property. After this, the woman can simply leave her husband, and no one will be able to prove the illegality of the divorce.

Hiding income

A staged separation of a married couple occurs in the event of bankruptcy of one of the spouses. The scheme allows the husband or wife to accumulate debt on credit obligations, and in the event of bankruptcy, all property is transferred to the other spouse. It is worth noting that this is a dangerous scheme.

Some may be interested in how to prove a fictitious divorce. In fact, during the insolvency procedure, the insolvency administrator will try with all his might to expose the fraudster. He will check all transactions, documentation, legality of asset transfers, etc.

Consequences

The presence of children makes divorce much more difficult if the union was declared invalid by the court.

A small child is not to blame for the intentions of one of the parents; the law has no right to deprive his mother or father of rights. The question of the future fate of the baby is decided in accordance with the family code. Issues such as:

place of residence of the small child (with whom he will stay);
the issue of paying alimony for the maintenance of a child up to 3 years old;
communication with the child of the second parent, if he wants it.

In the event that the swindler does not insist on further communication with his child or refuses him, this does not deprive him of the obligation to pay child support. If the spouse does not receive financial resources, the court will aggravate the situation and will forcibly collect them.

Evasion from paying alimony in this situation is considered a gross violation of the family code and the law.

How to annul a sham marriage

You have to pay for rash actions - in wasted time, money, and nerves.
Thus, entering into a false marital relationship, sooner or later the question may arise of how to dissolve the fictitious marriage. If the court proves a forced relationship, the impossibility of concluding a marriage (when the marriage has already been registered with another person) or official ties between close people, the marriage will be declared invalid if information is presented that proves one of these facts.

Fictitious marriage - you can get a divorce if it is proven that you have a serious illness, the presence of which the partner concealed (for example, HIV infection or a sexually transmitted disease). By a court decision, the imaginary union, which was created without a real desire to start a family, is dissolved. In many cases, such alliances are concluded in order to obtain registration.

It happens that people come to a lawyer with a question about how to recognize a marriage as fictitious after a divorce. The fact is that every person has the right to this, both during family relationships and after a divorce, if the above arguments are presented to the court. It is worth remembering that if one of the spouses receives child support, after the marriage is annulled, the money paid for the last 3 years will need to be returned.

Judicial practice in 2020

There are a huge number of cases in the courts about obtaining alimony for those children who actually live with their fathers. These divorces are fictitious, but everyone turns a blind eye to such a violation.

It’s another matter when there is a scheme to conceal property or another type of fraud. There are cases when a fictitious divorce turns out in favor of one of the spouses.

For example, in Moscow a couple allegedly divorced in order to receive a subsidy . With the amount received, the husband purchased an apartment and registered it as his own. He shared the apartment with his ex-wife, who, as a guarantee, ensured that her husband drew up a will in her name.

When the husband died, it turned out that, according to his will, he was transferring the apartment to his mother. The woman was divorced from him, and therefore could not claim even part of the acquired property.

A fictitious divorce can not only become the basis for bringing the spouses to justice, even criminal, but also serve as the reason for a real separation from the spouse.

You cannot be completely sure that the other party will not turn the course of the case to its financial advantage and benefit.

How to recognize a divorce as imaginary

Indeed, recognizing a divorce as fictitious is possible. To do this, it is enough for the interested person to file an application with the court stating that after the husband and wife have formalized the divorce, they continue to live together for a long time

Recognition of the divorce as fictitious will be valid on the basis of Art. No. 106 and clause 3, part 1, art. No. 107 of the current IC.

Before you start an adventure with an imaginary separation, you need to think about all the consequences, because otherwise you can lose everything in an instant.

Proof of the fictitiousness of the union

If a person was deceived and did not know that they were entering into an alliance with him not for love, but for the purpose of obtaining benefits, he has the right to demand a divorce. In order for the court to recognize the marriage as fictitious (invalid), it is important to provide evidence.

Provide witnesses to the bailiff who will prove that the spouses did not live together after marriage.
Collect documents about the actions of the swindler after the registry office. For example, a person quickly began to ask for registration.
Prove that the “invalid spouse” did not help financially.

Documents required for the court:

marriage registration certificate;
statement of claim;
collected documents proving that the marriage is fictitious;
identification;
paid receipt of state duty.

Only if the listed documents are available, the bailiff will be able to declare the union invalid and file a divorce. Only the person who did not know about the hidden intentions of the other half can submit an application. If the court finds that the marriage is fictitious, the swindler will not have the right to claim the property.

An invalid union is an empty space, as if you were never married. All that will remain is an unpleasant experience and wasted time.

Solving the housing problem

Spouses go for such a divorce most often to resolve a housing issue. Among all the purposes of this illegal act, this reason is the most common. In some cases, you can’t even condemn people for this. Low-income citizens resort to various methods to improve their situation and get two apartments, for example. Although this is illegal, in some cases these people can be acquitted. Here we need to look deeper at the situation in our society, about the care of the state and its policy in social issues.

Quite often people who apply for participation in housing programs resort to this type of divorce. For example, there are preferential programs for providing housing to young families. According to this program, a young family is considered a social unit in which the age of each spouse does not exceed a certain mark. To get into the category of participants, people are fictitiously divorced.

Consequences of a fictitious marriage in Russia

Divorce without actual family breakdown is a fictitious divorce. This concept is not so widespread, so many may not have even heard of it. Such a marriage, as a rule, is formalized solely to obtain some material benefits, and immediately after this the family is reunited.

If you think carefully, the main reason for a fictitious marriage is financial. In such a divorce, one of the parties will make a profit. But, when completing this transaction, you need to think carefully and consult with lawyers, they will tell you exactly what to do. Only any such fraudulent profit can turn into failure. After all, it will still be theft. Even if it’s not from people, but from the state, it’s still theft.

Also, citizens of the Russian Federation can take such a step in an effort to hide illegally received income. In this case, the person turns out to be extremely clean before the law. After all, according to the documents, he has nothing. All property belongs to the ex-wife, with whom they live separately. Accordingly, it is difficult to bring any claims against him regarding violation of current legislation.

I got divorced and we live together. 1.Didn't give me cash. 2. I began to consider it normal to spend weekends separately.

Fictitious marriage and marriage contract When registering a fictitious marriage, a marriage contract can be a dangerous weapon in the hands of fraudsters. The essence of the scam is this: first, the scammer ingratiates himself into the victim’s trust and convinces him to get married. Thus, a fictitious divorce allows families in which one of the spouses is over 35 years old to bypass the age requirement and qualify for preferential conditions for purchasing housing.

Avoidance of responsibility

Having resorted to divorce, the owners of individual entrepreneurs, whose activities are gradually going bankrupt, and in accordance with the law they must pay off their debts with their property, avoid paying creditors without paying anything.

This is how it is done: one person in the family registers as an individual entrepreneur, accumulates debt, and after creditors demand repayment of their debt, all property is transferred to the spouse and family members are fictitiously divorced.

In such a situation, the bailiffs will not be able to find any property that could be used to pay off debts. Indeed, from the legal side, property hidden through such actions is no longer the property of the debtor and therefore no one will be able to seize any property.

Of course, you can try to challenge this situation by filing an application in court, since the creditor can demand the share from the debtor’s wife that is due to him from the division of common property. But it is worth noting that even experienced lawyers rarely decide to take on such a case, especially if the family has children under eighteen years of age.

Free legal advice online

The involvement of lawyers in legal disputes is due to the need to fully protect the personal interests of citizens.

As practice shows, citizens avoid legal assistance in order to save money, but in practice this is associated with high costs. Even citizens with a lawyer's education do not always keep up with current changes in legislation, so it would be advisable to consult a qualified specialist.

The convenience is that consultation with a lawyer is free and online.

Where and how to get free legal advice? is provided throughout the Russian Federation. Citizens, residents of the state, as well as non-residents of the country who temporarily reside in the Russian Federation can take advantage of the support.

Moreover, lawyers can advise interested parties outside Russia, but only within the framework of domestic legislation.

Fictitious marriage for Russian citizenship! punishment, risks and consequences

And a year later we got married again. All this hard work did not affect our relationship in any way. Only at the registry office did they laugh for the second time. And now we are waiting for another son; as planned, we have a big, friendly family.

Eh, how unlucky you were with the house... Well, the main thing is that the family is strong, and the rest will follow!

The prosecutor of the city N filed a lawsuit in the interests of the Russian Federation against the spouses K. and V. to declare their marriage invalid. The defendants entered into marriage with the aim of obtaining a temporary residence permit for their spouse in Russia. The court recognized the fictitiousness of the marriage of these citizens and its decision became the basis for the annulment of the civil status record.

The help of a lawyer in a fictitious divorce can be useful when you discuss everything with him in advance and make sure that the procedure takes place without the participation of the court. In order for the divorce to be officially filed in court, you will have to shell out a sufficient amount of money, since in this case it is necessary to hire one lawyer for both spouses. That is, during the trial, the judge takes into account the opinions of both parties and gives them time to reconcile (this period can last up to three months). And if he sees that there is no chance of saving the family relationship, he decides to divorce the spouses.

Moreover, they almost never fit into the framework of the law. Nevertheless, this option is quite real.

The procedure for ending a family relationship can be significantly delayed if all the necessary rules are not followed. Even one mistake in filling out the statement of claim or one undelivered document can contribute to either a protracted legal process or a refusal to accept the application altogether.

In case of adoption, a fictitious divorce can be used by agreement of the spouses in order to obtain benefits and allowances when adopting a child.

In front of witnesses, you can play anger so that they feel the realism of what is happening. However, in this case, you should be careful: if you go too far, you may want to avoid getting back together. This is an example when a fictitious divorce due to abuse in court turns into a real one.