Marriage repeal Unfortunately this specification of service has not yet been completely translated.

If you believe that your marriage is not legal, you can request the termination of your marriage.

Marriage can be annulled under certain conditions, such as.B if you were a minor or incapacitated at the time of marriage, if you were in a state of unconsciousness or temporary mental disorder, if you were misled, if you were unlawfully threatened, or if you did not know that it was a marriage.

For the application to the competent district court - Family Court - please contact a lawyer. The judicial procedure examines whether there are grounds for annulment. For certain reasons, the annulment of the marriage is nevertheless excluded. That would be the case if you indicated that you want to continue the marriage. If you were not .B 18 years old when you married and now, as an adult/full-year-old, you indicate that you want to continue the marriage, the marriage remains the same.

  • Copy of the marriage certificate
  • if necessary, evidence of the reason for the cancellation, e.B. medical documents, police reports

No

Preconditions

Marriage could be resusbify if you are in marriage
z.B.:

  • were not yet of legal age
  • were in a state of unconsciousness or temporary disturbance of mental activity at the time of marriage
  • were fraudulently deceived
  • have been unlawfully designated by threat to imply the marriage, or
  • were incapacitated
  • did not know at the time of the marriage that it was such a person.

For certain reasons, the annulment of the marriage is nevertheless excluded. That would be the case if you indicated that you want to continue the marriage. If you were not .B 18 years old when you married and now, as an adult/full-year-old, you indicate that you want to continue the marriage, the marriage remains the same.

Related Links

  • Section 1313 et seq. Of the Civil Code (BGB)
  • Section 111 No. 1 Law on Family Procedure and Voluntary Jurisdiction (FamFG)
  • Section 114 (1) Of the Law on Proceedings in Family Matters and voluntary jurisdiction (FamFG)
  • Section 121 No. 2 Law on Family Procedure and Voluntary Jurisdiction (FamFG)
  • Section 122 Law on the Procedure in Family Matters and voluntary jurisdiction (FamFG) on local jurisdiction
  • Section 58 et seq. Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction (FamFG) in the event of an appeal

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 submit this request to the spouse.
  • The further procedure depends on the reaction of the spouse. As a rule, there will be a court date in which both spouses will be heard. If necessary, an intake of evidence on the conditions for revocation is required.
  • The Family Court will then decide on the application by order.
  • An appeal may be lodged against the decision of the district court within one month by a lawyer. The competent Higher Regional Court will decide on this.

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Last update or date of publication
10.11.2020