If your marriage has been concluded unlawfully, for example, you have been forced to marry your partner, you can apply for the annulment of your marriage. In such a case, your marriage will be recognized as legally invalid from the day of its conclusion.
If you want your marriage to be annulled, you should submit an application to a court of general jurisdiction (civil court).
important If your marriage was concluded freely and lawfully, but you want to end your spousal relationship with your partner, you should request a divorce. Read more about how to file for divorce.
Time limits
If you were forced to marry under the influence of criminally punishable threats, you should submit your application within six months of the threats having been made.
There is no specific time limit in other situations.
Application
In your application to the court you should:
- refer to the relevant legal provisions that entitle you to request the annulment of your marriage
example You were forced to marry under the influence of a threat or other form of coercion as provided by Article 67 of the Civil Law.
- explain why your marriage was concluded unlawfully. In doing so you should describe all the circumstances that are important to prove your claim
- if necessary, indicate whether you and your spouse have agreed on the custody of your children, the access rights of the other parent, maintenance for the child and the division of joint property
- add relevant documents that substantiate your request, if there are any
You can learn more about the legal requirements for your application in the Civil Procedure Law.
Read more about your rights in civil court proceedings.
Court’s decision
After examining your claim, the court will decide whether your marriage can be recognized as legally invalid.
Even if the court recognizes your marriage as legally invalid, it has to decide on other aspects related to your claim and other relationships that may have formed out of the annulled marriage, such as:
- custody of your child/children
- exercise of right to access to a child
- child maintenance
- division of property
- right to keep or change the marital surname