Fictitious Marriage and the Nature of an Annulment Lawsuit
The Civil Code of Georgia lists among the grounds for declaring a marriage void a registration that did not aim at creating a family — the classic definition of a fictitious marriage. Such a marriage satisfies the formal requirements, yet no genuine family union exists behind it; the parties are often driven by property, migration or other transactional interests. The same article makes clear that only a court may declare a marriage void, and under a further provision of the Code no one may rely on the invalidity of a marriage unless and until a court decision to that effect exists. This is precisely why a properly drafted statement of claim, supported by the right evidence, determines the outcome of the case.