Marriage of Convenience: Legal and Social Implications of Conjugal Simulation

Abstract

This study addresses the legal phenomenon of marriage by convenience in the Huancavelica region, a practice based on the celebration of marriages lacking true marital will, motivated by economic, social, or legal interests. This situation is especially evident in contexts where local customs and economic needs encourage the formalization of a simulated marital bond to access state benefits, pensions, immigration regularization, or obtaining nationality. In order to identify and analyze the legal and social implications of this practice, a mixed approach was applied through the use of structured surveys with a sample of 100 people residing in Huancavelica, complemented by a normative and doctrinal analysis. The results revealed that 70% of respondents were familiar with the term "marriage of convenience," 25% believed that an appropriate legal consequence would be annulment, and 25% believed the State should conduct rigorous investigations before performing a marriage. Thus, it was identified that current Peruvian regulations allow for the annulment of these acts, under Article 219 of the Civil Code, but lack effective preventive mechanisms. This form of marriage simulation poses a risk to legal security and distorts the institutional function of marriage. Therefore, it is recommended that psychosocial controls be implemented prior to the celebration of the marriage ceremony and educational campaigns be implemented in high-incidence areas.