Annulment of a marriage in Russia is not divorce. A court finds that a statutory defect existed when the marriage was registered.
The marriage is generally treated as invalid from the registration date. Ordinary conflict or a short marriage is not enough.
⚖️ Court only. A civil registry office cannot annul the marriage by itself.
Statutory grounds for annulment
No free and informed consent
This may involve coercion, deception, mistake, or inability to understand and control one’s actions at registration.
Marriage-age rules
The required age or lawful permission was absent when the marriage was registered.
Obstacles under Article 14
These include an existing registered marriage, close kinship, adoption, or court-declared incapacity due to mental disorder.
Concealed medical condition
One spouse concealed a sexually transmitted disease or HIV infection from the other.
Sham marriage
One or both spouses registered the marriage without an intention to create a family.
The list in Article 27 is exhaustive. Infidelity, separation, or a property dispute is not an independent annulment ground.
What is a sham marriage?
The question concerns intention at registration, not only later behaviour.
The Supreme Court considers family indicators together: shared life, household, care, support, property, rights, and responsibilities.
No single address record or message decides the case automatically.
If the parties created a real family before the hearing, the court cannot annul the marriage as sham.
Who may bring the claim?
The eligible claimant depends on the ground and may include an affected spouse, prosecutor, guardian, or child-protection authority.
A spouse from an earlier undissolved marriage or another person named by Article 28 may also qualify in the relevant case.
For sham marriage, the prosecutor and the spouse unaware of the sham intention may sue.
Heirs have no universal right to challenge any marriage. Supreme Court guidance ties their standing to Article 14 violations.
When may the court refuse?
- The obstacle ended before trial.
- The claimant lacks standing.
- The alleged facts are divorce issues, not Article 27 grounds.
The court must also consider the interests of a minor spouse and whether parties to an initially sham marriage later created a family.
After divorce, annulment is normally unavailable, subject to the statutory kinship and prior-marriage exceptions.
A four-step court scheme
1. Identify the ground → match the facts to Articles 12–15 and 27 of the Family Code.
2. Check standing → Article 28 gives different persons standing for different grounds.
3. Gather evidence → registry records, judgments, documents, and lawfully obtained correspondence.
4. File the claim → state the ground and any connected remedies clearly.
Jurisdiction and parties depend on the facts, including the defendant’s residence and any role of the prosecutor or guardianship body.
Check the current court fee and payment details immediately before filing rather than relying on an old fixed amount.
Evidence that may be needed
- marriage record;
- prior marriage or kinship records;
- incapacity judgment;
- evidence of coercion or concealment.
For a sham-marriage claim, evidence must address the purpose of registration and the parties’ actual relationship.
Legality, relevance, admissibility, and reliability of messages, recordings, and personal data all matter.
Legal consequences
As a rule, an invalid marriage creates no spousal rights or duties. Property is governed by civil-law co-ownership rules.
The prenuptial agreement is normally invalid.
Protection of the good-faith spouse
The court may apply marital-property rules, preserve all or part of the prenuptial agreement, or award maintenance.
The good-faith spouse may claim proven material and moral harm and keep the surname chosen at registration.
Children’s rights
Annulment does not affect children born during the marriage or within 300 days after it is annulled.
Official sources
Russian Supreme Court review of 14 December 2022.
Frequently asked questions
Can ZAGS annul a marriage?
No. Annulment requires a court judgment.
Does a short marriage prove it was sham?
No. The court examines intention at registration and all relevant evidence.
What happens to property?
Co-ownership rules normally apply, but Article 30 permits protection of a good-faith spouse.
Do children lose rights?
No. Their rights are not reduced by annulment.
Related materials
Divorce without court through ZAGS.
Updated 30 July 2026. This is general information and does not replace review of the evidence in a specific dispute.
Need an assessment of the claim?
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