Annulment of a legally invalid marriage

If your marriage has been concluded unlawfully, for example, you have been forced to marry your partner, you can apply for the annulment of your marriage. In such a case, your marriage will be recognized as legally invalid from the day of its conclusion.

If you want your marriage to be annulled, you should submit an application to a family court (court of general jurisdiction, department of family justice).

important If your marriage was concluded freely and lawfully, but you want to end your spousal relationship with your partner, you should request a divorce. Read more about how to file for divorce.

Time limits

The annulment of a marriage, concluded with force, coercion or error, may no longer be requested if one year has elapsed from the day on which the coercion has passed or the error has been recognized, in case you have lived together with your spouse during that time.

There is no specific time limit in other situations.

Application

In your application to the court you should:

• explain why your marriage was concluded unlawfully. In doing so you should describe all the circumstances that are important to prove your claim
• if necessary, indicate whether you and your spouse have agreed on the custody of your children, the access rights of the other parent, maintenance for the child and the division of joint property
• add relevant documents that substantiate your request, if there are any
• suggest to the court what it should decide (in this case, that the marriage is annuled)

You can learn more about the legal requirements for your application in the Non-Contentious Civil Procedure Act.

Court’s decision

After examining your claim, the court will decide whether your marriage can be recognized as legally invalid. If the marriage is annulled, its legal consequences cease on the day of annulment.

Even if the court recognizes your marriage as legally invalid, it has to decide on other aspects related to your claim and other relationships that may have formed out of the annulled marriage, such as: