A court may annul a marriage if the requirements for marrying age or active legal capacity of spouses have not been respected. The Family Law Act provides number of grounds where the court may annul a marriage. The act also specifies who can initiate such court proceedings.
Grounds for annulment
A marriage may be annulled if:
- at the time of contraction of the marriage, at least one spouse had a temporary mental disorder or was incapable to exercise their will for any other reason
- the marriage was contracted by fraud, threat or violence, including by concealing the state of health or other personal details of a spouse, where such details are relevant to the contraction of the marriage
- it was not the intention of one or both parties to perform the obligations arising from the marital status, but the marriage was contracted with other intentions
- the spouses are of the same sex due to gender reassignment during marriage
example Marriage may be recognized as unlawful if the requirements about the age and choice of partner are not observed.
Forced marriage
A marriage may also be declared invalid if you have been forced to marry under the influence of a threat or any other form of coercion.
How to complain
If the marriage is unlawful, either partner may submit an application to declare the marriage legally invalid. Read more about how to annul your marriage.