Eheschließung Aufhebung
Hamburg
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99059001044000
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Typ 2a
Inhalt
Begriffe im Kontext
<div lang="en-x-mtfrom-de">marriage</div> (Synonym), <div lang="en-x-mtfrom-de">cancellation</div> (Synonym), <div lang="en-x-mtfrom-de">underage</div> (Synonym), <div lang="en-x-mtfrom-de">malice</div> (Synonym), <div lang="en-x-mtfrom-de">unconsciousness</div> (Synonym), <div lang="en-x-mtfrom-de">threat</div> (Synonym), <div lang="en-x-mtfrom-de">marriage annulment</div> (Synonym), <div lang="en-x-mtfrom-de">incapacitated</div> (Synonym), <div lang="en-x-mtfrom-de">mistake</div> (Synonym), <div lang="en-x-mtfrom-de">illusion</div> (Synonym), <div lang="en-x-mtfrom-de">unlawful</div> (Synonym)
Fachlich freigegeben am
01.02.2024
Fachlich freigegeben durch
nicht vorhanden
On the grounds for annulment:
§§ 1313 ff. BGB
https://www.gesetze-im-internet.de/bgb/__1313.html
On the local jurisdiction of the court:
§ 122 Family matters and in matters of voluntary jurisdiction (FamFG) on local jurisdiction
https://www.gesetze-im-internet.de/famfg/__122.html
§§ 1313 ff. BGB
https://www.gesetze-im-internet.de/bgb/__1313.html
On the local jurisdiction of the court:
§ 122 Family matters and in matters of voluntary jurisdiction (FamFG) on local jurisdiction
https://www.gesetze-im-internet.de/famfg/__122.html
If you believe that your marriage was not legal, you can apply to have your marriage annulled.
A marriage can be annulled under certain circumstances, for example if you were a minor at the time of the marriage, you were threatened into getting married, or you were deceived about circumstances that were important for the marriage.
To apply to the responsible district court or family court, please contact a lawyer. During the legal proceedings, it will be examined whether there are grounds for annulment
To apply to the responsible district court or family court, please contact a lawyer. During the legal proceedings, it will be examined whether there are grounds for annulment
- Copy of marriage certificate
- if applicable, proof of foreign nationality
- if necessary, evidence of the reason for cancellation, e.g. medical documents, police reports
- The marriage could be annulled if, for example, at the time of marriage:
- were not yet of legal age
- were fraudulently deceived about circumstances important for the marriage
- were unlawfully induced to enter into marriage by threat or
- were incapable of doing business
- did not know that the marriage was such.
- Legal fees according to the Lawyers’ Remuneration Act (RVG)
- Court costs, Section 43 of the Law on Court Costs in Family Matters (FamGKG)
- Calculation based on the value of the item (income and asset dependent)
A procedure for annulment of the marriage can only be initiated by a lawyer.
- The lawyer will submit a written, substantiated application for annulment to the district court - family court.
- The family court will serve this application 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. It may be necessary to take evidence on the cancellation requirements.
- The family court will then make a decision on the application.
- An appeal against the decision of the district court can be lodged within one month by a lawyer. The competent Higher Regional Court will decide on this.
At least 3 months due to the specified procedure, possibly longer in more complex procedures
Varies depending on the reason for cancellation
§ 1317 German Civil Code (BGB)
https://www.gesetze-im-internet.de/bgb/__1317.html
§ 1317 German Civil Code (BGB)
https://www.gesetze-im-internet.de/bgb/__1317.html
Complaint according to §§ 58 ff. FamFG against the family court decision within one month by a lawyer
- Annulment of marriage
- Compulsory legal representation
- The prerequisite for annulment of the marriage is, for example:
- minority
- incapacity to act,
- Willful deception,
- Unlawful threat or
- Mistake about marriage
- Application must be submitted to the competent local court, family court
If you want to find out exactly who is responsible for your request, please follow the link to Authority finder Hamburg