Many Ukrainian citizens view marriage to a foreign national as an easy way to earn money. However, if such a marriage is found to be fraudulent, the consequences can be far more serious than simply ending the relationship. In 2026, the State Migration Service of Ukraine (SMS), law enforcement authorities, and courts are actively investigating suspicious marriages, and an increasing number of such unions are being declared invalid.
Under Part 2 of Article 40 of the Family Code of Ukraine, a sham marriage is defined as a marriage entered into without the intention of creating a genuine family and assuming the legal rights and responsibilities of spouses.
What Liability Does a Ukrainian Citizen Face for a Fake Marriage?
1. Civil Consequences (Marriage Declared Invalid)
- The marriage may be declared invalid by a court from the date of its registration.
- The spouses acquire no legal marital rights or obligations, including alimony, inheritance rights, or ownership of marital property.
- Jointly acquired assets are divided as shared ownership according to each party’s contribution.
- Additional consequences may include eviction from housing, restoration of a previous surname, and cancellation of a prenuptial agreement.
- If the foreign spouse obtained a residence permit based on the marriage, the permit will be revoked.
2. Criminal Liability
A fictitious marriage itself is not a criminal offense under Ukrainian law. However, Ukrainian citizens are often prosecuted for related illegal activities:
- Article 332 of the Criminal Code of Ukraine (illegal transportation of persons across the state border) is the most commonly applied provision.
- Penalties range from fines to up to 9 years of imprisonment with confiscation of property, especially where the marriage was used to facilitate border crossing or immigration fraud.
- Assisting in the unlawful legalization of a foreign national.
- Evasion of military mobilization through a sham marriage (Article 336 of the Criminal Code of Ukraine).
- Fraud (Article 190 of the Criminal Code of Ukraine) where deception against a foreign national or government authorities is involved.
Real Cases from Legal Practice
Case 1. In the Kyiv region, three local women were charged under Part 3 of Article 332 of the Criminal Code of Ukraine for organizing fraudulent marriages with foreign nationals, primarily citizens of Asian and Middle Eastern countries. They reportedly received between USD 1,000 and USD 3,000 for entering into marriages intended to help foreigners obtain temporary residence permits in Ukraine. The case was referred to court in 2025, and the defendants face prison sentences ranging from 7 to 9 years.
Case 2. In the Chernihiv region, a 45-year-old Ukrainian woman entered into a sham marriage with an Indian citizen in exchange for USD 1,500. The purpose was to obtain a Ukrainian residence permit for the foreign national. Following an investigation by the State Migration Service, the marriage was determined to be fictitious, and the woman was charged under Part 3 of Article 332 of the Criminal Code of Ukraine. The court sentenced her to 5 years of imprisonment with a 2-year probation period, taking mitigating circumstances into account.
Why Should You Avoid a Fake Marriage?
- Risk of losing personal property through confiscation.
- Criminal prosecution and a criminal record.
- Serious reputational and personal consequences.
- Future inability to use marriage as a basis for immigration, legalization, or other legal purposes.
Even if a marriage appears “safe,” migration inspections are becoming increasingly strict. Evidence of marriage fraud, such as separate residences, financial compensation, and the absence of a genuine family relationship, can often be established relatively easily.
EUROVECTOR Law Company — experts in Ukrainian immigration law and legalization services for international couples.
We help international couples register genuine marriages and obtain residence permits through legal immigration procedures. Our immigration lawyers are familiar with all current requirements for 2026, assist clients in gathering strong evidence of family relationships, preparing for migration interviews, and minimizing the risk of application refusal.
Do not risk your freedom and future by participating in questionable immigration schemes. Seek professional legal assistance and receive comprehensive guidance and reliable legal support throughout the entire process.
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