Fictitious Marriage: Family As A Tool For Achieving Goals

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Fictitious Marriage: Family As A Tool For Achieving Goals
Fictitious Marriage: Family As A Tool For Achieving Goals

Video: Fictitious Marriage: Family As A Tool For Achieving Goals

Video: Fictitious Marriage: Family As A Tool For Achieving Goals
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The rules and laws by which human society lives can be compared to a program code. It can be written carelessly and with a bunch of errors, but at the very least it can function or it can malfunction when different program blocks contradict each other and try to perform mutually exclusive actions, or it can be a real monument to the skill and intelligence of programmers. But for any program code there is a hacker who will try to hack the system and use the program's functions to his advantage. And if, for most people, marriage is a way to create and legalize a new family, then there are those who use this state institution for personal gain. In this case, they speak of a fictitious marriage.

The content of the article

  • 1 What is the difference between a fictitious and a real marriage?
  • 2 Consequences matter
  • 3 Is there really no salvation from marriage swindle?
  • 4 A marriage contract is a reliable shield against fictitious marriage
  • 5 And if everything is by mutual agreement?
  • 6 What are the dangers of a fictitious marriage?

What is the difference between a fictitious and a real marriage? I

It's simple. The purpose of a real marriage is to create a family, when, like a fictitious one, the goals can be any other, but, first of all, involving the receipt of benefits by one or both spouses. That is, by concluding a fictitious marriage, the spouses are already deceiving the law with their intentions. But does this entail some kind of punishment?

A fictitious marriage in itself under the laws of the Russian Federation is not a crime and does not entail criminal liability. The recognition of a marriage as fictitious only annuls the entry in the registry office, canceling the legal obligations between the spouses. In jurisprudence, there is even a special term for such a case - an insignificant transaction, that is, a transaction that is deliberately invalid from the moment of its conclusion. It can be concluded that for a fictitious marriage, its participants do not shine any responsibility, but this is not entirely true.

Consequences matter2

A fictitious marriage as such is not dangerous for society, who cares if two people, by mutual agreement, have stamped their passports? But its consequences may well turn out to be criminally punishable acts. Most often this happens in two cases:

The fictitious marriage is part of a more complex fraudulent enrichment scheme. For example, if a marriage was created for the purpose of receiving benefits from the state or selfish participation in programs to support young families, then its participants, who received funds from the state, may be recognized as criminals in court

Fictitious marriage
Fictitious marriage

If the marriage union legalizes the presence of a criminal in the territory of the country, then the spouse who has entered into it can be recognized as an accomplice in the crime and receive a criminal sentence for complicity

Wait, but what about the case when an enterprising spouse married an elderly millionaire, and then wrested half of his property from him after the divorce? In this case, the servants of the law can only shrug their hands. The state did not suffer, third parties too, and the victim himself will have to prove the fact of the spouse's selfish intent through the court. And even competent and expensive lawyers will not always be able to cope with this task.

Is there really no salvation from marriage swindle?

Leaving the marriage union is easy, but then exactly the consequences that the fraudster pursued will come. You can try to prove the fictitiousness of the marriage and the malicious intent of the spouse through the court, which, as we wrote above, is a rather difficult task. We'll have to pull out all your family's dirty laundry, stock up on testimony and hope for the favor of the judges. But the majority of judges in our country are women, and the arguments of a crying swindler about a broken heart can be considered weighty.

However, there is a solution to the problem. In our country, it is rarely used, although it has all the necessary legal basis. And it is called a marriage contract.

A marriage contract is a reliable shield against fictitious marriage4

If you can afford competent and family-law-savvy lawyers, why hire one when you've already been robbed, if you can be on the safe side? Professionals who know Themis personally will help you draw up such conditions of a marriage contract with which your property will be reliably insured against the encroachments of a fake wife, and you will not have to cry bitter tears when she tries to throw you.

Reasons for a fictitious marriage
Reasons for a fictitious marriage

Russian society looks at such legal practice as marriage contracts, somewhat crooked and reprehensible. The future spouse may even be very convincingly offended. Or even really take offense. So you have to decide for yourself how much you value the property acquired by back-breaking work. A marriage contract in court will protect your rights.

And if everything is by mutual agreement? 5

Although cases of marriage fraud are widespread, the most common reasons for a fictitious marriage are different. In Russia, their list includes:

  • Obtaining Russian citizenship or permanent residence in the city
  • Adoption of children
  • Privatization of housing and mortgage
  • Participation in government programs to support families

If we have already mentioned the last point and its not very pleasant consequences, then with the first two everything is somewhat more complicated. Conclusion of marriage for the purpose of obtaining citizenship is a widespread practice not only in Russia, but throughout the world. For example, according to statistics in the United States, every fifth marriage concluded with citizens of other countries turned out to be fictitious and was used only to obtain citizenship. In Germany, the conclusion of a fictitious marriage in order to obtain citizenship is considered fraud and is punishable by a criminal term of up to three years, after which the convicted person is deported from the country and deprived of the right to enter for life.

Consequences of a fictitious marriage
Consequences of a fictitious marriage

Citizens of the republics of the former USSR moving to Russia on semi-legal earnings often use fictitious marriages for the purpose of legalization. And their spouses are not deceived women and men at all, they also pursue their own benefit. For example, the cost of concluding a fictitious marriage with a Russian woman for a Ukrainian citizen trying to obtain Russian citizenship ranges from three to one hundred thousand dollars. Serious business! Statistics show that 30% of marriages in Moscow are fiction. However, in other cities everything is not so sad: the share of fictitious marriages in the regions rarely exceeds 5%.

What are the dangers of a fictitious marriage? 6

Most often, both parties entering into a fictitious marriage are aware of its fictitiousness. But when you conclude a dubious deal, you are cooperating with dubious individuals, whose goals may be much more insidious than it seems at first glance. So, for example, a fictitious spouse, having received the agreed fee for the marriage, may in the future encroach on the husband's property, and put him in a difficult position. After all, the recognition of a marriage as fictitious will mean the actual recognition that he received citizenship illegally.

bride movie stills
bride movie stills

Movie "War of Brides"

And, of course, there are many pitfalls in this murky water. So, for example, a marriage can still be considered fictitious, but children are not fictitious. And if children are born in your marriage, you two will bear responsibility for their upbringing.

If you still think about the need for a fictitious marriage for one purpose or another, we will not dissuade you. The imperfection of the program code of the legal system gives rise to hackers who want to crack it, and it is not for us to blame you for such decisions. But we will definitely give one piece of advice - find a good lawyer before you start doing this!

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