The concept of “fictitious divorce” itself is not provided for by law. If the term “fictitious marriage” is contained in the Family Code (this is the name given to a marriage entered into for show, without the desire to actually start a family), then there is no such thing with regard to divorce. However, the phenomenon itself exists. This is what is usually called the situation when spouses dissolve a marriage (in the registry office or court) - however, the family actually continues to exist, a common household is maintained, etc. However, there are a number of dangers that await a married couple who decides to use this method.
Regulatory regulation
The legislation does not define this concept clearly enough, and there are no related articles in jurisprudence. In judicial practice, it is extremely rare that a divorce is recognized as fictitious, since the spouses officially become exes, and it is very problematic to prove the benefit of one of them. The only difference between an ordinary and an imaginary divorce is that with an imaginary divorce, the spouses pursue goals other than breaking up the relationship and living separately.
If the judge manages to prove that the divorce is fictitious, he applies to the spouses the responsibility prescribed by Article 170 of the Civil Code . Its text reveals the essence of a sham transaction, which is essentially a fictitious divorce. According to the second paragraph, such a transaction is legally void. In other words, it is considered legally invalid.
Deception in a real divorce
Current legislation defines the sole purpose of divorce as the dissolution of the official relationship between two people. If the spouses no longer want to be together, they take a similar step. Any additional motives in the form of obtaining benefits are illegal and are considered fraudulent.
Moreover, one of the spouses can deceive the other during a real divorce. For example, a husband wants to get a divorce, but his wife does not give him a divorce. To dissolve the marriage, the man went to court, but his petition was rejected because the couple had minor children. Then the citizen offered his wife a divorce with the condition: if she agrees, the woman receives all the funds stored in the accounts of her ex-husband. This money should have been enough for a mother and children to live comfortably for a long time.
As a result, the man managed to achieve his goal, and the divorce took place. However, his wife never received what was promised. Since the agreement between the spouses was concluded orally, the woman was unable to prove that her ex-husband promised her money.
Thus, if the divorce is for selfish purposes, then it is considered fictitious. And it doesn’t matter whether we are talking about enrichment or obtaining intangible benefits.
For what?
Spouses become exes to achieve the following goals:
- to obtain an apartment through participation in government assistance programs for the population;
- to obtain a mortgage and reduce its interest rate;
- to receive a subsidy, benefit or allowance;
- to prevent loss of property when conducting illegal business;
- to hide illegal income;
- to speed up the receipt of maternity capital;
- for a real divorce;
- to obtain a residence permit if the other spouse was refused.
One of the goals listed above may be pursued by one spouse, forcing the other into a fictitious divorce. Situations also arise when both partners receive equal benefits from such a decision.
The following describes in detail the main goals listed above.
Solving the housing problem
Low-income families with low incomes and living in dilapidated houses are eligible for the government resettlement program. If both spouses' combined income is too high to qualify for the program, they get divorced and then one of them applies for the program. The spouse automatically becomes a single mother, forced to support children without any help, and such persons are usually given preference in the queue for new housing.
Divorce is also staged by employees of the Ministry of Internal Affairs and military personnel who want to improve their living conditions under the state program. They report the unsuitability and small size of the share of housing they have left after the divorce.
As a result of such fraud, after receiving an apartment, the spouses can reunite. This raises doubts as to whether their divorce was valid. There have been cases when a police officer was sent to court immediately after a divorce because he too quickly and joyfully applied for a new apartment due to a deterioration in his financial situation.
Receiving subsidies or benefits
These types of financial assistance are available to people with many children and low-income people. If the father leaves the family, the family’s income automatically decreases (if he was the main or even the only breadwinner) and then the single mother becomes entitled to a number of benefits and subsidies:
- subsidy for utility bills;
- free travel on public transport for children;
- discounted meals at school;
- reimbursement of funds spent on the purchase of sports and school uniforms;
- advantage when enrolling a child in a university;
- preferential mortgage lending;
- reducing the rate of an existing loan.
Conducting illegal business
In this case, a fictitious divorce helps the business owner secure his property in the event of bankruptcy or other problems related to the valuation and seizure of assets. He transfers his property (houses, cars) to his wife, and then divorces her and continues to run his business without fear of the consequences. The wife-turned-ex enjoys all the material benefits (along with her husband, who can continue to live with her), but does not bear any responsibility for his entrepreneurial activities. Because she is an ex, she and her children are out of danger and protected by divorce.
The same method is used when a businessman obtains material assets illegally, as a result of theft or fraud. To “legalize” them, he writes them down to a woman with whom he is not legally married, but whom he unconditionally trusts. This method works almost one hundred percent from the point of view of the law, because it is quite difficult to prove the fact of an offense in this situation.
Acceleration of maternity capital
There is an impressive queue to receive maternity capital funds, which means a long wait for money. If there is an urgent need for money, a couple may decide to take extreme measures: a fictitious divorce so that the woman becomes a single mother and receives the benefits due to her.
Maternity capital can be used to improve living conditions, for example, buying a home or paying off a mortgage loan.
From fictitious to real divorce
There are situations when a husband wants to get a divorce, but his wife is against it. So she can take revenge if she discovers that her husband has a mistress and his desire to destroy the family. The court may side with the woman, especially if there are minor children in the family. Then the man, striving for freedom, creates a financial interest for his wife in the separation, promising her various benefits and benefits, for example, planning to register an apartment or car in her name. If the outcome is favorable, the woman receives what she was promised, but in the worst case scenario, she remains deceived. In the latter case, she can go to court and state in a lawsuit the fact of deception and coercion. There is a high probability that the proceedings will end in her favor, and she will receive adequate compensation for the deception.
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.
By what signs can you guess
The following factors suggest that the divorce is invalid:
- Amazing peace of mind for spouses during divorce and related legal proceedings. Usually people lose their nerve and scandals arise. Therefore, a friendly attitude may alert the judge.
- Excessive aggression in court. Former spouses can overact, trying to convince not only the judge, but also numerous relatives and acquaintances who may become witnesses. Their testimony plays a significant role in determining the validity of the divorce.
- Continued cohabitation. Often, immediately after a divorce, one of the spouses moves out of the apartment where they previously lived together. If, as if nothing had happened, they continue to live together, run the household together and pool income, suspicion cannot be avoided.
- Subsequent reunion. Spouses may separate for the sake of appearance and achieve their goal, for example, participation in a government program to obtain a new apartment or some kind of benefit. When the task is completed, the man and woman come together again. Then a lot becomes clear.
Invalid union: grounds
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The judicial executor formalizes the divorce and declares the union invalid based on certain grounds.
- Age. The marriage union was concluded with a citizen who had not reached the age of majority. Only the minor himself can confirm the invalidity of the marriage. It is possible that he was threatened to achieve his goal.
- Unbroken union. In the case when a person already has a husband or wife, and he formalizes his relationship in the registry office with another, it is considered that the marriage is fictitious, the court recognizes it as invalid.
- An alliance concluded between relatives close by blood is a direct violation of the law.
- Incapacity. Scammers often look for people who are considered incompetent and not responsible for their actions. In such a situation, it is very easy to obtain a residence permit after registering the union with the registry office. A relative of the victim can file a lawsuit, which will present documents and evidence of the person's incapacity. As a result, the judge will issue a divorce and declare the union invalid.
- Venereal diseases. A person with HIV infection does not always inform his significant other about the problem; they go to register their relationship at the registry office. In this case, the victim (victim) has the right to file a claim for divorce. The bailiff has the power to declare the union invalid.
Consequences of discovery
If the court manages to prove that the divorce is invalid, both “former” spouses will face the following consequences:
- Property received through participation in the state program is confiscated. For example, the apartment is returned to the state.
- Benefits and allowances that were issued to a divorced woman cease to apply.
- During a fictitious divorce, spouses are forced to live separately for a long time, as a result of which they change their attitude towards each other and their plans for the future. There is a high probability that they will never reunite, although they planned this at the very beginning, but will begin a new life with other people.
- A businessman who has entrusted his property to a woman may lose both him and her if she suddenly changes her mind and breaks off all relations with him.
- If the divorce was undertaken to obtain citizenship in another country, upon discovery of this fact, confiscation of documents and deportation will follow.
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.
Advantages and disadvantages
Based on the above information, the following advantages and disadvantages of a sham divorce arise.
Advantages:
- maintaining good relations between spouses, raising children together;
- achieving your goals (obtaining an apartment or benefits, registering property or funds in the name of the “former” spouse);
- security, since the woman is not responsible for the activities of her ex-husband and is above suspicion.
Flaws:
- the need to constantly lie, creating the illusion of a broken family;
- danger of exposure;
- constant anxiety and fear due to associated risks;
- due to separation there is a possibility of deterioration of relations.
Since a fictitious divorce is an offense, a deception, it is not easy for honest people who strive to live in accordance with their own conscience to agree to it.
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.
