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Annulment of marriage: when a marriage can be annulled

Annulment of a marriage is something different from divorce. It comes into consideration when certain defects existed at the time the marriage was entered into, such as coercion, deception, or a marriage prohibition. The marriage is then annulled for the future.

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A marriage can be annulled under certain conditions, for example in cases of legal incapacity, fraudulent deception, threat, or a sham marriage (§ 1314 BGB). Unlike divorce, annulment is tied to defects at the time the marriage was entered into.
Deadlines apply to annulment. Anyone who knows of the ground for annulment and waits too long, or confirms the marriage, can lose the claim.

What you should do now

  1. 1

    1. Check the ground

    Clarify whether a legal ground for annulment exists.

  2. 2

    2. Observe the deadline

    Watch the application deadlines from the time you learn of the ground for annulment.

  3. 3

    3. File the application

    File the application for annulment with the family court.

  4. 4

    4. Clarify the consequences

    Have the consequences for maintenance and assets examined.

How to spot the scam

  • The ground for annulment is asserted too late.
  • The marriage was continued and confirmed after the defect became known.
  • Annulment and divorce are confused.

Frequently asked questions

What is the difference between annulment and divorce?

Divorce ends a valid marriage because it has failed. Annulment is tied to defects at the time the marriage was entered into, such as coercion, deception, or a marriage prohibition (§ 1314 BGB). Both end the marriage for the future, but have different requirements.

Which grounds justify an annulment?

For example, legal incapacity at the time of marriage, fraudulent deception about essential circumstances, unlawful threat, or a sham marriage. Certain marriage prohibitions also come into consideration. The grounds are conclusively set out in the law.

Are there deadlines?

Yes. The application for annulment must generally be filed within certain deadlines from the time you learn of the ground for annulment. Anyone who waits too long or continues the marriage despite knowing can lose the annulment claim.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.