What is a fictitious divorce and what it can turn

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The fictitious divorce is the real process of termination of marriage, but its purpose is the benefit for both spouses. Nowadays, yes, and in the legislative base, such a concept as a "fictitious marriage" is known, but by the nature of the act and marriage and divorce is equal to fraud. A separate article in the Family Code, which would regulate the responsibility for a planned fictitious divorce, no, however, judicial practice is rare, but still faces such cases. For what purposes is a fictitious divorce, as well as what risks do he bear for spouses?

We have already said that the law does not define such a concept as a fictitious divorce. In jurisprudence such an article does not exist. Therefore, in court, recognize the fictitious divorce is practically impossible, since in practice the fact of divorce is still happening, that is, the spouses are divorced truly, that's just the goals they pursue others. In fact, they are no longer husband and wife, but a number of questions arise into confrontation, especially if after some time, the spouses conclude marriage again.

Since the marriage process is the beginning of the Benefit, most often he has its own nuances - the division of property, the availability of minor children, the payment of alimony, outstanding payables, other. In this case, the divorce does not occur according to the standard scheme, but through the judicial authorities. If the judge has suspicions that the divorce is fictitious, then it can apply the responsibility to spouses, which is regulated by Article 170 of the Civil Code of the Russian Federation "Fictive transactions". Part 2 of Article 170 suggests that in the presence of an evidential base of a fictitious deal, namely the hiding the real objectives of such an act, not only administrative and economic responsibility can be applied, but even criminal.

When considering such cases, the judge is most often useful, as well as clarifications of the Plenum of the Armed Forces of the Russian Federation.

Main reasons

The imaginary transaction should have some benefit, as it carries certain risks. The following reasons are most often the cause of the fictitious divorce:

property division;
improve housing conditions by participating in the state program;
obtaining benefits, subsidies, benefits;
prevent property description as a result of illegal business;
hide illegal income;
reducing payments for child alimony;
in order to obtain a residence permit in another country, if one spouse was denied.

And this is not the entire list of reasons that may encourage spouses to resort to such a kind of deception. The fictitious divorce can not necessarily occur on the initiative of both spouses, very often such an imaginary transaction is industrialed by someone, husband or wife, so that by fictional causes to cause material damage. This is a direct action of fraud, which today is very difficult to prove if only the second party will not turn to court with a suit and weighty arguments.

Mercenary motifs

Now consider in more detail the most frequent causes that are guided by the implementation of a fictitious divorce, and justify the purpose of such an act.

As a way to solve a housing issue

The housing issue becomes the main cause of the fictitious divorce for the purpose of material enrichment, but to say that this phenomenon is massive. Such a step allows not only to redistribute real estate, but also the opportunity to get another apartment. This right goes to low-income families with a small income that live in dilapidated homes and fall under the state resettlement program. Of course, this question is being solved not quickly, but after the wife with children receives a new apartment, the spouses can reunite again.

Also, military personnel and employees of the Ministry of Internal Affairs fall under the drainage of the divine, which claim to improve housing conditions and can go under the state program. Both those and others, referring to a small revenue part, can count on repairs at the expense of housing and communal services or get new housing, arguing unfortunate or small area, which remains like a proportion of a spouse after a divorce.

Benefits and subsidies

For receipt of benefits and subsidies, large families or poor families are resorted. Due to the fact that a father leaves the family, the incomes of which make up most of the material support of the family, then the mother with children automatically claims a number of benefits. If it is recognized as low-income, they can issue a subsidy for paying utility payments, although in fact the family can continue to live together. Children can also be calculated for benefits: free travel by public transport, preferential school food, compensation for money when purchasing school or sportswear, concessions when enrolling in a higher educational institution.

Sometimes the poor mother with children can qualify for preferential mortgage lending or revising the bet in a smaller side already with a loan.

How to use in business

Another situation that is an exit from the position when conducting illegal business or business with high bankruptcy risks. If it comes to court and assessing the property, which should go to compensation to third parties, lenders, the state, the director of the enterprise can lose not only the values \u200b\u200brelated to the business, but also personal. To protect yourself from this kind of consequences, the husband rewrites all its property on the spouse and divorces her. And she, consisting with him in a divorce, does not bear any responsibility for his actions. As a result, even if the business is recognized as insolvent, the director does not risk personal property.

Often, businessmen or people who were illegally resorted to a similar step to hide the fact of embezzlement. In this situation, the "husband" also received the property on the spouse, which is not married. This option is no less often found, because it actually acts, as the authorities of the law without direct presentation it is very difficult to prove the fact of violation.

Cardinal change of residence

Here it is not easy about moving to a new apartment, but about moving to another country. If one spouse is denied the right to obtain a residence permit abroad, then it may decide to divorce fictitiously. Very often it happens when one spouse has a relative abroad, but for the whole family may not approve the receipt of documents. But be that as it may, each of the above mercenary purposes has its own pitfalls, which can turn much more unpleasant.

Risks of fictitious divorce

First of all, it is necessary to take into account the fact that the divorce for the purpose of benefits can recognize the fictitious transaction and to award administrative, economic or criminal liability. But besides this kind of punishment, he in itself carries a number of risks. So what refers here:

if the court recognizes the fact of the staged divorce, the property received, for example, in the implementation of the social program, is automatically returned to the state. This rule also applies to all other benefits and benefits obtained by a low-income mother with children;
the spouse that rewrite the property on the spouse to hide income can lose him if the spouse simply changed them to return them to him;
very often, people who decided on a fictitious divorce are removed from each other and in the future no longer agree, they begin to establish their personal life with another person;
if the fictitious divorce meant the goal of obtaining citizenship of another country, then it can be deprived of documents and deport.

In addition, the risk of such a decision is in deception. Most of the transactions are in court, and you must well stage the desire to break the relationship, find a good reason, connect witnesses - friends, relatives, neighbors. And if at some stage the court does not believe in sincerity, then the transaction still during the trial may be invalid, with the result that you will suffer punishment. Also, it is impossible to go around the moment that these marriage processes are held with the participation of a lawyer who not only requires material remuneration for their work, but must also take your decision on the fictitious divorce and reliably submit to the court.

Way to date

Any purpose of the fictitious divorce is the benefit that is illegal. But the benefit does not always touch both parties. Sometimes there are situations when a husband wants to truly divorce his wife, but she is against. And if they have minor children, the court can take her position and not give a divorce. In this case, the spouse may come up with a reason for divorce with material interest so that the wife agrees to such a trick. As a result, the spouses officially divorce, and the marriage is no longer possible to enter into marriage, as the husband achieved his own and the wife did not receive the promised, but simply was deceived. This also happens when the second spouse has a new love, a wife or husband knows about it and does not produce a divorce. Then you have to resort to fraudulent actions.

In all the situations considered, the fictitious divorce has some self-relocative purposes, regardless of whether they are material or intangible, but they do not fit into the framework of the law and can bear a number of negative consequences.