annulment of marriage

Prerequisites

• The marriage could be annullable if, at the time of marriage, for example:
  • were not yet of legal age
  • were in a state of unconsciousness or temporary mental disturbance at the time of marriage
  • were fraudulently deceived
  • have been unlawfully determined to enter into marriage by threat or
  • were incapacitated
  • did not know at the time of the marriage that it was a marriage.
• Nevertheless, under certain circumstances, the annulment of the marriage is excluded. This would be the case if you indicate that you wish to continue the marriage. At the time of marriage, were you B. not yet 18 years old and now as an adult indicate that you want to continue the marriage, the marriage stays the same.

Documents required

• Copy of marriage certificate
• If necessary, proof of the reason for cancellation, e.g. B. medical records, police reports

Please note

no

Deadlines

Depending on the reason for cancellation, one year, e.g. B. in the case of fraudulent misrepresentation, or three years in the event of an unlawful threat from the time the reason for annulment was discovered (§ 1317 BGB)

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

• Lawyer's fees according to the Lawyers' Fees Act (RVG)


• Court costs, § 43 Law on Court Costs in Family Matters (FamGKG)


• each calculation according to the value of the item (income and asset-related)

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

§§ 1313 ff. Civil Code (BGB)

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




§ 111 No. 1 Act on Procedure in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)

https://www.gesetze-im-internet.de/famfg/__111.html




Section 114 (1) Act on Procedures in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)

https://www.gesetze-im-internet.de/famfg/__114.html




§§ 121 No. 2 Act on Procedure in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)

https://www.gesetze-im-internet.de/famfg/__121.html




Section 122 of the Law on Procedures in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) on local jurisdiction

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




§§ 58 ff. Act on the procedure in family matters and in matters of voluntary jurisdiction (FamFG) in the event of a complaint

https://www.gesetze-im-internet.de/famfg/__58.html