Should we annul the marriage
It is more common for spouses to come to the conclusion shortly after getting married that the marriage was a mistake. They then want the marriage to be annulled. Is the?
The law does not know the concept of marriage annulment, it speaks of annulment of the marriage. There are a couple of reasons that could lead to your marriage being annulled. As a rule, however, one has to wait for the year of separation, after which divorce proceedings can be carried out.
If the conditions for an effective marriage are not already met, the marriage can be annulled. This is the case, for example, if the two spouses are not yet of legal age, one or both spouses are not legally competent, someone is already married to someone else, or there is a direct relationship or a sibling relationship. In these cases the marriage is invalid. The closed marriage can be annulled.
There are also retrospective reasons that can lead to the annulment of the marriage. A reason exists if a spouse was unconscious at the time of marriage or if there was a temporary disturbance of mental activity. This can be B. be the case with alcohol or drug consumption.
Furthermore, a marriage can be annulled if one of the partners did not know that they were entering into a marriage. This is only used, if at all, if one of the spouses does not speak the language properly.
One of the main reasons why a marriage can be annulled is when one spouse was fraudulently deceived by the other spouse about circumstances and, if he had known of those circumstances, he would never have entered into the marriage. The deception must not relate to property matters. If the spouse conceals that he is z. B. is over-indebted, this is no reason for cancellation. Revocation can be considered, for example, if the spouse has concealed the fact that he suffers from an infectious disease, that he is impotent or that he still has children from other relationships. In this case, the marriage can be annulled if the other spouse would not have entered into the marriage with knowledge of these circumstances. It is also important that after discovering the reason for the annulment one has made it clear that one does not want to continue the marriage.
The marriage can also be annulled if it was a sham marriage or if one of the spouses was illegally threatened to marry.
In practice, these cases are very rare because a reason for cancellation often cannot be proven. If there is a reason for annulment, an application must be made to the family court. The period for annulment is one year from knowledge of the mistake about the marriage or deception about the circumstances. If you have been forced to marry by an unlawful threat, you have the option of filing an application for annulment three years after the end of the predicament.
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