Fictitious Divorce: Theory And Practice

Abstract

The article examines the issue of the possibility of recognizing the divorce as fictitious. The author analyses theoretical provisions and judicial practice on the problems and prospects of recognizing divorce as fictitious. It is proposed to allow recognizing the divorce as fictitious, regardless of the order in which the marriage was dissolved: administratively - by bodies of state registration of acts of civil status, or by a court. The article clarifies the circumstances that are taken into account by the court in the process of considering cases related to fictitious divorce.