Annulment of marriage

If you believe that your marriage is not legal, you can apply for the annulment of your marriage.

A marriage can be annulled under certain conditions, e.B. if you were a minor or incapacitated at the time of marriage, you were in a state of unconsciousness or temporary disturbance of mental activity at the time of marriage, you were fraudulently deceived, you were unlawfully threatened or you did not know that it was a marriage.

To apply to the competent local court family court please contact a lawyer. In court proceedings, it is examined whether there are grounds for annulment. For certain reasons, the annulment of the marriage is nevertheless excluded. This would be the case if you indicate that you want to continue the marriage. If you were not yet 18 years old at the time of.B marriage and now indicate as an adult that you want to continue the marriage, it remains with the marriage.

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

none

Preconditions

The marriage could be annullable if you marry
for example.:

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

For certain reasons, the annulment of the marriage is nevertheless excluded. This would be the case if you indicate that you want to continue the marriage. If you were not yet 18 years old at the time of.B marriage and now indicate as an adult that you want to continue the marriage, it remains with the marriage.

Related Links

  • §§ 1313 ff. Civil Code (BGB)
  • § 111 No. 1 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • § 114 (1) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • §§ 121 No. 2 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • § 122 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) on Territorial Jurisdiction
  • §§ 58 et seq. act on proceedings in family matters and in matters of voluntary jurisdiction (FamFG) in the event of a complaint

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 serve this application on the spouse.
  • The further procedure depends on the reaction of the spouse. As a rule, there will be a court hearing in which both spouses will be heard. If necessary, a taking of evidence on the conditions for annulment 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. This will be decided by the competent Higher Regional Court.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
10.11.2020