Aufhebung der Ehe
Rheinland-Pfalz
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99059001044000, 99059001044000
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Typ 3
Inhalt
Begriffe im Kontext
- Leben in einer binationalen Partnerschaft, auch einer gleichgeschlechtlichen Partnerschaft (Eheschließung, zivile/eingetragene Partnerschaft, Trennung, Scheidung, Güterrecht, Rechte von Lebenspartnern)
Fachlich freigegeben am
Fachlich freigegeben durch
- §§ 1313 ff. German Civil Code (BGB)
- § Section 111 No. 1 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- § Section 114 (1) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- §§ Section 121 no. 2 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- § Section 122 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) on local jurisdiction
- §§ 58 ff. Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) in the event of an appeal
If you are of the opinion that your marriage is not legal, you can apply for an annulment of your marriage.
A marriage can be annulled under certain circumstances, e.g. if you were a minor or legally incompetent when you got married, if you were unconscious or had a temporary mental disorder when you got married, if you were fraudulently deceived, if you were unlawfully threatened or if you did not know that you were getting married.
To file an application with the competent local court - family court - please contact a lawyer. The court proceedings will examine whether there are grounds for annulment. Under certain circumstances, annulment of the marriage is nevertheless excluded. This would be the case if you indicate that you wish to continue the marriage. For example, if you were not yet 18 years old when you got married and now, as an adult, you indicate that you wish to continue the marriage, the marriage will remain intact.
- Copy of the marriage certificate
- Proof of the reason for annulment, if applicable, e.g. medical documents, police reports
The marriage could be annulled if, at the time of the marriage
z. B.:
- were not yet of legal age
- were in a state of unconsciousness or temporary mental disorder at the time of the marriage
- were fraudulently deceived
- were unlawfully induced to enter into the marriage through threats or
- were legally incompetent
- did not know at the time of the marriage that it was such a marriage.
Under certain circumstances, annulment of the marriage is nevertheless excluded. This would be the case if you indicate that you wish to continue the marriage. For example, if you were under the age of 18 when you got married and now, as an adult, you indicate that you wish to continue the marriage, the marriage will remain valid.
- Lawyers' fees according to the Lawyers' Fees Act (RVG)
- Court costs, Section 43 of the Act on Court Costs in Family Matters (FamGKG)
- each calculated according to the amount of the object value (depending on income and assets)
- Legal aid can be applied for in case of need
Proceedings for annulment of the marriage can only be initiated by a lawyer.
- The lawyer will submit a written, reasoned application for annulment to the Local 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 at which both spouses will be heard. It may be necessary to take evidence on the conditions for annulment.
- The family court will then make a decision on the application.
- An appeal against the decision of the local court can be lodged by a lawyer within one month. The competent higher regional court will decide on this.
At least 3 months due to the prescribed procedure, possibly longer in more complex procedures
Depending on the reason for termination, one year, e.g. in the case of fraudulent misrepresentation, or three years in the case of unlawful threats from the time the reason for termination is discovered (Section 1317 BGB)
- For information on annulment of marriage, see
- https://www.bmfsfj.de/
- https://www.bmfsfj.de/bmfsfj/meta/search/72628!search?state=H4sIAAAAAAAAAAADWNOw7CMBAFr4Je7YJAEMEtnzoFHaJYOes4krGF1y5QlGtxAS6GhUQ5b540MwbKfEnxAR2K9-rH1_gnS4azQM_Y7g9tB31Ds2l2XYv7ouCmLD2nnkaGbtYKz8LpBY2zYyrWf95SwihCxnGAgsSUqxUTE68GFlO3InyqyWMMkhNNoR4seeHlC2iswgWbAAAA&newSearch=true&query=Marriage annulment
Appeal pursuant to §§ 58 ff. FamFG against the family court decision within one month through a lawyer
- Annulment of marriage
- Compulsory legal representation
- Prerequisite for the annulment of marriage is e.g:
- Minority
- legal incapacity,
- fraudulent misrepresentation,
- Unlawful threat or
- Mistake about the marriage
at the time of the marriage
- Application must be made to the competent local court
- family court - Under certain circumstances, the annulment of the marriage is nevertheless excluded. This would be the case if the applicant indicates that he/she wishes to continue the marriage (confirmation). For example, if the applicant was not yet 18 years old when the marriage was entered into and now, as an adult, indicates that he/she wishes to continue the marriage, the marriage will continue.
The local court - family court - responsible for you in accordance with § 122 FamFG will be determined by the lawyer you have appointed.