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Annulment of marriage

If you believe that your marriage was not legal, you can apply to have your marriage annulled.

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Detailed description

A marriage can be annulled under certain circumstances, for example if you were a minor at the time of the marriage, you were threatened into getting married, or you were deceived about circumstances that were important for the marriage.

To apply to the responsible district court or family court, please contact a lawyer. During the legal proceedings, it will be examined whether there are grounds for annulment

 

Information

Prerequisites

  • The marriage could be annulled if, for example, at the time of marriage:
    • were not yet of legal age
    • were fraudulently deceived about circumstances important for the marriage
    • were unlawfully induced to enter into marriage by threat or
    • were incapable of doing business
    • did not know that the marriage was such.

Documents required

  • Copy of marriage certificate
  • if applicable, proof of foreign nationality
  • if necessary, evidence of the reason for cancellation, e.g. medical documents, police reports

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

Varies depending on the reason for cancellation


§ 1317 German Civil Code (BGB)

https://www.gesetze-im-internet.de/bgb/__1317.html

Procedure

A procedure for annulment of the marriage can only be initiated by a lawyer.

  • The lawyer will submit a written, substantiated application for annulment to the district court - family court.
  • The family court will serve this application to the spouse.
  • The further procedure depends on the reaction of the spouse. As a rule, there will be a court date in which both spouses will be heard. It may be necessary to take evidence on the cancellation requirements.
  • The family court will then make a decision on the application.
  • An appeal against the decision of the district court can be lodged within one month by a lawyer. The competent Higher Regional Court will decide on this.

Processing time

At least 3 months due to the specified procedure, possibly longer in more complex procedures

Fees


  • Legal fees according to the Lawyers’ Remuneration Act (RVG)

  • Court costs, Section 43 of the Law on Court Costs in Family Matters (FamGKG)

  • Calculation based on the value of the item (income and asset dependent)

If you are in need, you can apply for legal aid

Legal remedies

Complaint according to §§ 58 ff. FamFG against the family court decision within one month by a lawyer

Legal basis

On the grounds for annulment:


§§ 1313 ff. BGB

https://www.gesetze-im-internet.de/bgb/__1313.html




On the local jurisdiction of the court:


§ 122 Family matters and in matters of voluntary jurisdiction (FamFG) on local jurisdiction

https://www.gesetze-im-internet.de/famfg/__122.html

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Keywords: marriage cancellation underage malice unconsciousness threat marriage annulment incapacitated mistake illusion unlawful

Last updated: 05.02.2025