What is a marriage and what he is dangerous
Right Educational Program / / December 19, 2019
Stamp in the passport does not always make a family of two people, but can lead to a lot of trouble.
What is a marriage
Sham marriage - a marriageSC Code Section 27. Annulment of marriageThat spouses enter into without intention to create a family. In the concept of the family of the legislative definition, but there are signs, which is defined by its authenticity:
- Cohabitation;
- joint budget;
- the overall economy;
- the presence of children.
It is for these criteria will be judged true whether your marriage, if you have any doubts.
Why do I need a marriage
1. Simplify citizenship
Foreigners can receive Russian citizenship under a simplifiedArticle 14. Admission to Russian citizenship in a simplified manner scheme. To do this, you need to be married to a Russian citizen with at least three years. But other questions are decided by immigration stamp in the passport. For example, a temporary residence permit given for special quotas. It allows a foreigner to stay and work in Russia without the migration of patents. Spouses of Russian citizens can obtain a document outside the quota.
By itself, the stamp in the passport does not change anything. We'll have to run, to execute documents. But it significantly reduces the route of the legwork.
2. Qualify for benefits and discounts
Some programs are only designed for the family. For example, Savings gives 0.5%Mortgages for young families discount on the mortgage, if the loan takes a single parent of 35 years or unmarried young couple, even childless, in which at least one spouse is not yet 35 years old.
3. Get a dream job
Sometimes marital status is significant: 22%Employers were less likely to pay attention to the marital status of applicants, but gender preferences were Employers hire men and married with children. Married women are selected in five companies.
4. Hide orientation
This item is not associated with the laws, but no less important. Sham marriage helps to conceal homosexual orientation. In Russia, it is a serious obstacle in many fields. For example, you can not get a jobYoung Omsk not take a job because of the suspicion of homosexuality simply because of the well-groomed and feminine style. The presence of a stamp in the passport of the person removes suspicion.
5. Dilute money
The formal reason for a marriage may be any of the above. But at the same time one of the couple is looking for additional benefit. For example, a man offers fictitiously married for the sake of good, but set up the post at a time when a woman buys an apartment. The lady did not see the trick and agrees for a small fee. But if the transaction will take place after the wedding, the husband will qualify for half of the property.
In some cases, the marriage is a sham for only one of the spouses - the one who benefits from it. Second at this time he believes that everything is real, trusts in reciprocal feelings.
How to enter into a marriage of convenience
- For money. The person who receives the benefit of marriage, her husband pays.
- Under the arrangement. Parties simply discussing the terms of the agreement and benefits.
- Deception. One believes in love until death or even in something he promised, waiting for the other benefits.
How dangerous a marriage
Legally married gives certain rights. Defaulting spouse can use them for their own benefit, and the other side will suffer. Deceiver may qualify for:
1. inheritance
Husband - the heir of the firstOf the Civil Code Article 1142. The heirs of the first stage queue. So, he can claim to be part of the property, which has nothing to do. If you something happens, your family may be left with nothing.
2. Property division
According to lawSC Code Section 38. Division of common property of spouses, if not marriage contract, Marital property is divided in half. So a successful spouse at risk of becoming poorer when terminating a fictitious union.
3. Alimony
LawSC Code Article 90 obliges contain needy former spouse, if he:
- Predpensioner. For women, this is the age of 55 years for men - from 60.
- I left on pension within five years after the divorce, if the union was long. The court will decide whether you have enough together for alimony.
- I became disabled during the marriage or within a year after its dissolution.
It is possible that someone else will have to ensure that you are absolutely human.
What responsibility is provided for a marriage
In case the police can intervene. Although they are more interested in sham marriages with foreignersMinistry of Internal Affairs of the Republic of Komi reminds citizens about the responsibility for entering into sham marriages with foreign nationals. The court annuls the residence permit of the foreign spouse. In some cases, the offender may be expelled from the country. And for fraud a criminal investigation.
If both husband and wife - the citizens of Russia, it is likely that they never fall into the view of police.
How to recognize the marriage is a sham
If a fictitious husband is adequate and does not claim to your property, simply divorce. Otherwise you'll have to go to court.
On the claim for recognition of the marriage invalid spouse may apply, who did not knowSC Code Article 28 a marriage of convenience. But you need comprehensive evidence that the family was not. For example, only a separate budget - insufficient basis. Tell us also about the benefits that are received by the spouse of the fictitious stamp in the passport.
You can recognize the marriage invalid on other formal occasion, if any. In this case, you also get to save propertySC Code Section 30. The consequences of annulment of marriage by section. Several grounds:
- You have consented to the marriage at the registry office involuntarily - because of coercion, deception or the state in which they could not adequately assess the situation.
- You have not reached marriageable ageSC Code Section 13. age of consent - 18 years.
- At the time of the marriage your spouse was already in another marriage.
- Spouse - a close relative.
- Spouse recognized by the court incompetent due to a mental disorder.
- Husband hid the existence of venereal disease or HIV infection.
How to prove that the marriage is not fictitious
If you were married to a foreigner, and run the risk of interest investigating authorities to gather evidence on the safe side. Suit general photos, tickets of joint visits - anything. Look for witnesses who will confirm the authenticity of your family. And do not worry: if your marriage is not fictitious, it is unlikely you will be interested.
see also💍
- Study: washing dishes can ruin a marriage
- How to apply to the registrar: instruction for those who decide to get married
- 10 ways to strengthen marriage, to be aware of each pair
- 9 reasons why we choose the wrong and turn marriage into a big mistake
- 17 questions that must be answered before marriage