Annulment

Marriage annulment is a court decreed termination of marriage due to faulty marriage. They must be distinguished from the divorce, which can also be equipped on request from the court by a formative decision. The cancellation is in addition to the divorce and the death of the spouse, the third reason why an effectively closed marriage may end.

Germany

According to § § 1313 et seq an effectively closed marriage can be lifted in Germany under certain conditions. Marriage annulment is done with designing action by judgment of the competent family court. It replaced on 1 July 1998, the nullity of marriage under the former rules in § § 16-26 of the Marriage Act ( EheG ).

Reasons for cancellation

The grounds for annulment for a marriage are listed in § 1314 BGB conclusion. These are initially:

  • Into marriage despite existing marriage ban
  • One of the betrothed is not mature before,
  • One of the betrothed is legally incompetent ( incapable before )
  • The fiancé give the marriage declarations not in the simultaneous presence before the registrar or
  • Not personally or
  • Under a condition or a time limit

Further grounds for annulment:

  • A fiancé was at the marriage in a state of unconsciousness or a temporary disturbance of mental activity (eg noise ),
  • A fiance did not know that there is a marriage,
  • A spouse was determined by deceit or by threat to enter into the marriage or
  • The engaged couple were unanimous in their marriage that no marital cohabitation should be justified ( = sham marriage ).

Exclusion of marriage annulment

The marriage repeal 1315 of the Civil Code, inter alia, excluded by § if one or have indicated to the outside both spouses that they want to continue the marriage, despite the possibility of marriage annulment ( confirmation).

Eligibility

The application for a marriage annulment may be brought to all first of the affected spouse. However, in the case of the existence of a sham marriage and the possibility of marriage annulment basis of an application by an administrative authority (eg immigration office ), in the presence of a double marriage by the spouses from the previously concluded marriage. In incapacity makes the application of the legal representative (supervisor ). It requires acc. § 607 para 2 CCP to a guardianship court approval.

Application deadline

For the pleas of error, deception or threat, there is a filing deadline of one year from discovery of error or deception, or from the end of the predicament caused by the illegal threat.

Legal consequences

The marital relationship ends right from the entry into effect of the judgment, not with retroactive effect (ex tunc ), but only with effect for the future (ex nunc ). A nacheheliches right ratio can join. The details, in particular maintenance and the distribution of the household, is defined by § 1318 of the Civil Code.

Austria

Under Austrian law, a marriage can be canceled in the following cases:

  • Error of marriage or about the person of the other spouse (eg twin brother as groom)
  • About circumstances relating to the person of the other spouse (eg non- education about criminal past)
  • Marriage law ( Germany )
  • Family Law ( Austria )
87647
de