Can a Marriage be Declared Invalid Due to Bigamy Under Ukrainian Law?

Question from busy la, Can a Marriage be Declared Invalid Due to Bigamy Under Ukrainian Law?

Answer from AI:

In general, Ukrainian law recognizes bigamy as a valid ground for declaring a marriage invalid. Bigamy, which is the act of entering into a marriage while still being legally married to another person, is considered illegal in many jurisdictions, including Ukraine.

Ukrainian Law on Bigamy

According to Article 21 of the Family Code of Ukraine, a marriage is considered invalid if at the time of its registration, one of the spouses was in another registered marriage. This means that if the husband was indeed married to another person at the time of his marriage to the wife, the latter marriage could be declared invalid.

Legal Process to Declare a Marriage Invalid

The process to declare a marriage invalid typically involves the following steps:

1. Filing a lawsuit in court: The spouse who wishes to have the marriage declared invalid must file a lawsuit in the appropriate court.
2. Presenting evidence: The spouse must present evidence to support the claim of bigamy. In this case, the letter revealing the husband’s previous marriage could serve as evidence.
3. Court decision: The court will then review the evidence and make a decision. If the court finds that the husband was indeed married to another person at the time of his marriage to the wife, it may declare the marriage invalid.

Legal Advice and Assistance

While this information provides a general overview of the law and process, it’s important to note that individual circumstances can greatly affect the outcome of a case. Therefore, it’s strongly recommended that individuals in such situations consult with a legal professional for personalized advice. A lawyer can provide guidance on the best course of action, help gather necessary evidence, and represent the individual in court.

Impact on the Child

It’s also important to consider the impact of the invalidation of the marriage on the child. Under Ukrainian law, the invalidation of a marriage does not affect the rights of children born or conceived during that marriage. This means that the child’s rights to support and inheritance are protected, regardless of the outcome of the lawsuit.

In conclusion, while the wife’s lawsuit may be granted by the court based on the grounds of bigamy, it’s crucial to seek legal advice to understand all the implications and navigate the legal process effectively.