Void Marriage

|Void Marriage

According to the Civil and Commercial Code, the marriage shall be declared void under any of the following conditions:
• Insanity: one or both parties are insane or incompetent at the time of the marriage
• Incest: the parties are blood-related in the direct ascendant or descendant line or brother or sister of full or half-blood
• Lack of registration: the parties failed to register their marriage at the appropriate district office
• Pre-existing marriage: one or both parties was already married with another person at the time of the marriage
• Age: both parties under 17 years of age or parties with ages between 17-20 who didn’t had the consent of a parent
• Mistaken Identity: one spouse misrepresents their identity to another spouse in order to facilitate the marriage
• Fraud: one spouse misrepresents their financial status or personal background to facilitate the marriage
• Force: one party is forced to marry, under physical or mental duress

A marriage can be declared void only by a Court decision.
The spouses, parents or descendants of the spouse are entitled to apply for a judgment of the Court affecting the status of the marriage. In the event that there is none of those persons, any interested person may request to a Public Prosecutor to apply for such judgment.

A void of marriage will not create property relation, so any property or fruits possessed or acquired by either party before or after the marriage remains in the property of that party. All property jointly earned will be divided equally between the spouses, unless the Court decides otherwise.
The rights acquired through marriage by the party acted in good faith will not be affected by the decision of declaring the marriage invalid. In case one of the parties is already married, the rights acquired are not prejudiced until the cause which effected the void of marriage becomes known to the man or woman. In all other cases, the rights acquired are maintained until the final judgment is pronounced.

The party who acted in good faith can claim compensation for damages and also a living allowance if such marriage made the party in good faith becomes destitute deriving from insufficient income. Those claims must be filled within 2 years from the date of pronouncing the final judgment or from the day the other spouse has gained knowledge of the existing marriage, if one of the spouses is already married.

The spouses must decide which party will exercise the parental power and which party is responsible for the maintenance of the child. If the parties cannot reach an agreement, the Court will decide.

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