Marriage is a fundamental legal act that establishes a couple’s union and carries significant personal and financial consequences.
However, there are instances where essential conditions for its validity are not met at the time of celebration.
In such cases, the law allows for a petition to annul the marriage.
This article explains, in clear terms, the principle of annulment, the procedure involved, and its practical consequences.
1. The Principle of Annulment of Marriage
Annulment consists of having a court declare that an essential condition of validity was not satisfied, resulting in the retroactive nullification of the union.
The marriage is then deemed never to have existed—subject to protective exceptions, such as putative marriage or the rights of children.
1.1. Main Grounds for Annulment
Annulment may be based on absolute nullity (violation of a fundamental public policy requirement) or relative nullity (protection of a private interest).
Common grounds include:
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- Lack of free and informed consent by one or both spouses;
- A legal impediment to marriage (close kinship, bigamy, failure to meet legal age, etc.);
- Fraud or sham marriage (absence of genuine marital intent).
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1.2. Who May Seek Annulment?
An annulment petition may be filed by:
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- One or both spouses, particularly the spouse whose consent was vitiated;
- The public prosecutor;
- In some cases, an interested third party (for example, a family member in cases of bigamy or incest).
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2. The Annulment Procedure
2.1. How the Procedure Works
An annulment action is filed before the judicial court of the defendant’s residence.
The procedure follows the rules of ordinary contentious proceedings, with mandatory legal representation by an attorney.
The public prosecutor may intervene, particularly where public policy is at stake.
2.2. Time Limits
The applicable statute of limitations depends on the nature of the nullity:
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- Absolute nullity (e.g., absence of consent, bigamy, incest): 30 years from the date of the marriage.
- Relative nullity (e.g., defect of consent, error, coercion): generally 5 years from discovery of the defect or the end of coercion.
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2.3. Effects of the Court’s Decision
If annulment is granted, the marriage is considered never to have existed.
However, under the putative marriage doctrine, the rights of children and the spouse acting in good faith are preserved.
3. Consequences of Annulment
Annulment has significant personal and financial effects.
3.1. Personal Consequences
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- The parties lose retroactively their status as spouses;
- Children retain full rights (filiation, name, inheritance, etc.);
- Each spouse may remarry freely.
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3.2. Financial Consequences
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- Marital donations and benefits are typically voided, except for gifts valid under general civil law not intrinsically tied to the marital regime.
- Spousal inheritance rights are retroactively extinguished, except where the good-faith spouse in a putative marriage retains benefits acquired before annulment.
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4. Why Consult an Attorney?
Marriage annulment is a complex procedure, both in proving grounds for nullity and in managing its personal and financial consequences.
An attorney’s guidance is crucial to:
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- Assess the admissibility and strategic value of the action;
- Prepare a strong evidentiary case;
- Advocate effectively before the court;
- Anticipate personal and patrimonial outcomes of annulment.
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In Summary
Annulment of marriage is far from a mere formality: it carries major consequences for spouses, children, and property.
If you are considering or contesting an annulment, consult a qualified family law attorney to ensure proper guidance and strong legal protection at every stage.
Need advice or legal assistance regarding marriage annulment? Schedule a consultation for a personalized review of your situation.
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