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About annulment of marriage

Based on the submitted documents, marriage 1 between Husband and Wife 2, was registered by the Marriage Palace № 4 of the Civil Status Division of Moscow on 2009. This marriage was dissolved on 2010 based on a decision of the Justice of Peace of the judicial district of the Moscow Region.

At the same time I received info about marriage 2 from 2007 and Certification of Final Decree about dissolution of marriage between Husbund and Wife 1 from 2009 with regard to the case. Based on the above documents, it is evident that Husband was officially married to Wife 1 since 2007 till 2009.

Thus, as of the date of stage registration of marriage between Husband and Wife 2, Husband was officially married to another person.

In accordance with Article 12, part 2 of the Family Code of the Russian Federation, marriage may not be concluded, if there are circumstances specified in Article 14 of the Family Code of the Russian Federation, i.e.: it is not possible to register marriage between persons, if at least one of them is officially married to another person.

In accordance with Article 27 of the Family Code of the Russian Federation, marriage shall be deemed invalid in case of failure to meet terms and conditions set forth in the Family Code of the Russian Federation. The marriage shall be deemed invalid since the date of its registration. The marriage that was deemed invalid by the court shall not create rights and obligations set forth in the law.

In accordance with Article 27, part 2 of the Family Code of the Russian Federation, the marriage shall be declared invalid in a judicial procedure. The marriage may not be declared invalid after its annulment, except cases, when one of the spouses as of the date of registration of the marriage was officially married to another person.

Thus, based on the submitted documents, we may make an indisputable conclusion about invalidity of marriage between Husband and Wife 2 that was registered at the time when Husband was officially married to another person. Marriage with Wife 2 did not create any legal effect for the parties due to its invalidity.

Karina Duvall
Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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