Annulment of the marriage

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.

Please contact a lawyer.

The local court - family court - responsible for you in accordance with § 122 FamFG will be determined by the lawyer you have appointed.

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.

• Copy of the marriage certificate
• Proof of the reason for annulment, if applicable, e.g. medical documents, police reports

• 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

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)

At least 3 months due to the prescribed procedure, possibly longer in more complex procedures

• §§ 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

Appeal pursuant to §§ 58 ff. FamFG against the family court decision within one month through a lawyer

none

15.09.2020