The termination of family relationships is popularly called divorce. However, separation does not always mean an actual break in a couple due to dissatisfaction with each other or a desire to start a new relationship. Sometimes a divorce hides a feigned fact for profit. Next, we will consider what a fictitious divorce is, what goals this action pursues, and what liability may arise when this fact is discovered.
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.
Arbitrage practice
Judicial practice on this issue is not very extensive and indicates the difficulty of proving the fact of a sham divorce. A fictitious divorce as an imaginary transaction does not always fall under the Civil Code of the Russian Federation.
The provisions of the Family Code of the Russian Federation do not contain such a concept, and accordingly there is no responsibility.
In civil proceedings, these cases are considered extremely rarely. The fact of a fictitious divorce itself does not fall within the scope of the Criminal Code of the Russian Federation. An exception is the actions of spouses who, by committing such deception, received financial benefits. The consequences of such actions are subject to consideration in criminal proceedings.
A fictitious divorce is an imaginary termination of family relationships with the aim of committing selfish actions in the future. It is very difficult to prove the fact of pretense. Basically, such issues are considered within the framework of criminal proceedings, when damage was caused by the actions of the spouses.
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.
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.
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.
Responsibility
There is no direct liability for a fictitious marriage, other than civil liability. However, the Criminal Code provides sanctions for illegal migration, as well as fraud. In this case, the punishment for a fictitious marriage in Russia can be up to imprisonment for up to 7 years.
In addition to direct sanctions for this kind of union, violators will also feel its consequences of a different nature:
- retention and return in full of the mortgage loan;
- cancellation of benefits and subsidies;
- deprivation of citizenship;
- review of cases related to adoption, etc.
Not only people who were in such a relationship can be punished, but also those who knew about its fictitiousness and still contributed to the conclusion of such an alliance.
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.
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.
Evidence of fictitiousness, reasons and signs
When figuring out how to prove a fictitious marriage, it is worth noting that this procedure can be initiated not only by the person who is a participant in such a union, but also by the prosecutor. At the same time, neighbors or acquaintances can provide a number of evidence of this fact.
It is necessary to prove the falsity of the relationship with the help of appropriate documentation.
To recognize a marriage as fictitious, the court will need to have at least one of the following circumstances:
- one of the partners has another registered marriage;
- a close family relationship was discovered between the spouses;
- there is evidence that the union is fictitious;
- the relationship is registered between the adoptive parent and the adopted child;
- one of the couple is declared incompetent at the time of the conclusion of the union.
The following are considered signs of a fictitious marriage:
- the couple does not live together;
- lack of communication between spouses (calls, messages, etc.);
- citizens do not have a common budget, each makes purchases separately;
- the couple has no joint property;
- there is no mutual assistance and support between spouses.
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.
What consequences may there be
If the court can prove that the divorce was invalid, there could be serious consequences. The spouses are deprived of everything for which they planned such a violation.
- Property that was obtained as a result of a fictitious divorce may be confiscated.
- The benefits that the woman received will be terminated, and the status of a low-income single mother will be removed.
- There is a high probability that after a fictitious divorce the spouses will not get back together, because... will be forced to live in different territories for a long time.
- An entrepreneur who has transferred his property to his wife may lose everything as a result of a divorce, because... the spouse changes her mind and decides to start a new life.
- If spouses divorce in order to obtain citizenship, documents will be confiscated and citizens will be deported.
If the enforcement authority does not detect fraud, there is a risk that the spouses will no longer be reunited. There are cases when a spouse, receiving all the property, begins a new life where there is no place for her former lover.
Valery Melnik, lawyer:
“Proving the fictitiousness of a divorce in court is a difficult process, but possible. Before deciding to take such a step towards achieving the goal, it is necessary to think through everything in advance and identify all possible risks.”
