How To Invalidate A Marriage

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How To Invalidate A Marriage
How To Invalidate A Marriage

Video: How To Invalidate A Marriage

Video: My marriage is void. Do I still have to go to court? 2022, December

Divorce - or divorce - isn't always a sad event. Sometimes it can be a deliverance from mental or physical suffering. Some marriages are divorced administratively (in the registry office), and in some cases a judicial procedure is envisaged. The invalidation of a marriage is only possible through a court.

How to invalidate a marriage
How to invalidate a marriage


Step 1

A marriage can be declared invalid if one of the spouses was against the conclusion of the marriage at the time of its registration, that is, there was no mutual and voluntary consent between the parties (the presence of a flaw in the will of the persons).

Step 2

If at the time of the marriage one of the spouses (or both spouses) were already married to other persons, and the marriage was not dissolved, the new marriage can also be declared invalid by the court.

Step 3

It is also invalidated when, at the time of marriage, both spouses (or one of them) have not reached the marriageable age (or the marriageable age has not been lowered in the manner prescribed by law).

Step 4

If one of the spouses at the time of the marriage was declared incompetent by the court due to a mental disorder, such a marriage may also be declared invalid.

Step 5

If both spouses or one of them had no intentions to start a family at the time of registration of the marriage, such a marriage will be declared invalid by the court (fictitious marriage).

Step 6

The basis for declaring a marriage invalid is also the concealment by one of the persons entering into marriage, the presence of HIV infection or a sexually transmitted disease.

Step 7

Marriage between close relatives is not allowed. There is such a thing as the sanitation of an invalid marriage. It implies that an invalid marriage can be declared valid if the factors that hindered the conclusion of the marriage are removed. For example, if at the time the case is being considered by the court, the spouses have already reached the age of majority and do not want to dissolve the marriage, the court may recognize this marriage as valid. Reorganization does not apply to marriages between close relatives.

Step 8

A marriage is declared invalid if it is concluded between the adopted child and the adoptive parent. In this case, the reorganization of the marriage is possible if the adoption was canceled.

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