Service Finder
Annulment of marriage
Service Description
A marriage can be annulled under certain circumstances, for example, if you were a minor or legally incompetent when you married, if you were in a state of unconsciousness or temporary mental disturbance when you married, if you were fraudulently deceived, if you were unlawfully threatened or if you did not know that it was a marriage.
To apply to the competent local court - family court - please contact a lawyer. In the court proceedings, it is examined whether there are grounds for annulment. Under certain circumstances, the annulment of the marriage is nevertheless excluded. This would be the case if you indicate that you wish to continue the marriage. If, for example, you were not yet 18 years old when you got married and you now indicate that you want to continue the marriage as an adult, the marriage will continue.
Process flow
Proceedings for annulment of marriage can be initiated only by a lawyer.
- The lawyer will file a written, reasoned petition for annulment with the District Court - Family Court.
- The family court will serve this petition on the spouse.
- The further procedure depends on the reaction of the spouse. As a rule, there will be a court hearing at which both spouses will be heard. If necessary, evidence will be taken on the conditions for annulment.
- The family court will then decide on the application by way of an order.
- An appeal against the decision of the Local Court may be lodged within one month by a lawyer. The competent Higher Regional Court will decide on this.
Who should I contact?
Please consult a lawyer.
Competent authority
The district court - family court - responsible for you will determine the lawyer you have instructed.
Requirements
The marriage could be annullable if, at the time of marriage, you were, for example:
- were under the age of majority
- were in a state of unconsciousness or temporary mental disturbance at the time of marriage
- were fraudulently deceived
- have been unlawfully induced to enter into marriage by threat, or
- were legally incompetent
- were not aware of the fact at the time of marriage.
Under certain circumstances, the annulment of the marriage is nevertheless excluded. This would be the case if you indicate that you want to continue the marriage. If, for example, you were not yet 18 years old when you got married and you now indicate that you want to continue the marriage as an adult, the marriage will continue.
Which documents are required?
- Copy of the marriage certificate
- If necessary, evidence of the reason for annulment, for example, medical records, police reports
What are the fees?
- Attorney's fees according to the German Attorney's Fees Act (RVG)
- Costs of the court
- in each case calculation according to the amount of the object value (depending on income and assets)
- in case of indigence legal aid can be applied for
What deadlines do I have to pay attention to?
Depending on the reason for cancellation, one year, for example in the case of fraudulent misrepresentation, or three years in the case of unlawful threat from the time the reason for cancellation is discovered.
Processing duration
At least 3 months because of the given procedure, in more complex procedures longer if necessary
Legal basis
- §§ 1313 et seq. German Civil Code (BGB)
- § Section 111 No. 1 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- § Section 114 (1) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- §§ Section 121 No. 2 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- § Section 122 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- §§ Sections 58 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
Applications / forms
appeal against the family court decision within one month by a lawyer
Appeal
none
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry for Migration, Justice and Consumer Protection
Professionally released on
20.07.2023
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
Competent Authority
Amtsgericht Stadtroda
Postal address
07641 Stadtroda
Address
07646 Stadtroda
