Applying for annulment of the marriage
Description
A marriage can be annulled under certain conditions, e.g. if you were a minor or legally incompetent at the time of the marriage, you were in a state of unconsciousness or temporary mental disturbance at the time of the marriage, you were deceived fraudulently, you were threatened unlawfully or you did not know that it was a marriage.
To file an application with the competent district court – family court – please contact a lawyer. In court proceedings, it is examined whether there are grounds for annulment. Under certain reasons, the annulment of the marriage is nevertheless excluded. That would be the case if you indicate that you want to continue the marriage. For example, if you were not yet 18 years old at the time of marriage and now indicate as an adult/adult that you want to continue the marriage, the marriage remains.
The marriage could be annulled if, at the time of marriage, you
for example.:
- were not yet of legal age
- were in a state of unconsciousness or temporary disturbance of mental activity at the time of marriage
- have been deceived fraudulently
- have been unlawfully decreed to enter into the marriage by threat, or
- were legally incapacitated
- did not know at the time of the marriage that it was such.
Under certain reasons, the annulment of the marriage is nevertheless excluded. That would be the case if you indicate that you want to continue the marriage. For example, if you were not yet 18 years old at the time of marriage and now indicate as an adult/adult that you want to continue the marriage, the marriage remains.
- Copy of marriage certificate
- if applicable, evidence of the reason for annulment, e.g. medical documents, police reports
- Lawyers' fees according to the Lawyers' Remuneration Act (RVG)
- Costs of the court, § 43 Act on Court Costs in Family Matters (FamGKG)
- in each case calculation according to the amount of the object value (income and assets dependent)
- legal aid may be applied for in case of need
Depending on the reason for annulment, one year, e.g. in the case of fraudulent misrepresentation, or three years in the case of unlawful threat from the date of discovery of the reason for cancellation (§ 1317 BGB)
At least 3 months due to the given procedure, in more complex procedures possibly longer
Complaint according to §§ 58 ff. FamFG against the family court decision within one month by a lawyer
For the annulment of your marriage, you must hire a lawyer. You can search for a lawyer on the website of the Bar Association.
Proceedings for the annulment of the marriage can only be initiated by a lawyer.
- The lawyer will submit a written, reasoned application for annulment to the district court - family court.
- The family court will serve this application on the spouse.
- The further procedure depends on the reaction of the spouse. As a rule, there will be a court hearing in which both spouses will be heard. If necessary, it is necessary to take evidence on the conditions for annulment.
- The family court will then decide on the application by order.
- An appeal may be lodged against the decision of the district court by a lawyer within one month. This will be decided by the competent Higher Regional Court.
- §§ 1313 et seq. of the German Civil Code (BGB)
- § 111 No. 1 Act on Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- Section 114(1) of the Act on Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- §§ 121 No. 2 Act on Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- Section 122 of the Act on Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) on territorial jurisdiction
- §§ 58 et seq. of the Act on Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) in the event of a complaint
Senator for Justice and Constitution of the Free Hanseatic City of Bremen
15.09.2020
The text was automatically translated based on the German content.
