What is the Case for Annulment of Marriage?
The case of annulment of marriage is determined by Articles 145 and 160 of the Civil Code No. 4721. Deciphered between the items. The difference between annulment of marriage and divorce is as follows: with the case of annulment of marriage, it is argued that the marriage contract was not made Decently, therefore, the marriage is invalid. It is claimed that a marriage that has validly occurred with a divorce case has become unsustainable through the fault of the other party. According to the Civil Code, marriage basically ends with the following procedures:
Filing for divorce,
Death of one of the spouses,
An absentee decision made about a spouse who disappeared in danger of death or has not been heard from for a long time,
Annulment of marriage due to invalidity.
Terms of the Case of Annulment of Marriage Due to Invalidity
Although the marriage is performed before an official official, a lawsuit can be filed for annulment of the marriage if there are reasons for invalidity. The annulment of the marriage due to its invalidity can be asserted based on two main reasons, absolute nullity and relative nullity. The reasons for the annulment of marriage with relative or absolute nullity are as follows:
Conditions for the Absolute Invalidity of Marriage
One of the spouses is married during the marriage,
The fact that one of the spouses lacks the power of discernment for a constant reason during marriage,
The presence of a mental illness in one of the spouses to a degree that prevents marriage,
There is a degree of Decency (kinship) between the spouses that prevents marriage.
Reasons for the Relative Invalidity of Marriage
Temporary deprivation of the power of discernment,
Error (Error),
Deception (Cheating),
Do not be afraid (Ikrah).
Who Can File a Marriage Annulment Lawsuit?
The case of annulment of the marriage due to invalidity can be opened by the public prosecutor, the interested parties and the spouses in case of absolute reasons for nullity; in case of relative reasons for nullity, only the spouses and, in some cases, legal representatives. It is also possible for the parties to file a cancellation lawsuit through a lawyer.
The Duration of Filing a Lawsuit for Annulment (Nullity) of Marriage
The Civil Code does not provide for any right reduction period in order to file a lawsuit for annulment of marriage in the event that there are absolute reasons for its nullity. It is possible to file for annulment at any stage of the marriage. The Public Prosecutor, the spouses and the persons concerned may open this case as long as the marital relationship continues. In some cases, even if the marital relationship has ended (death, etc.) an absolute nullity lawsuit can be filed by the parties concerned.
The Civil Code provides for 6 months and 5 years of reduction of rights in order to file a lawsuit for reasons of relative nullity. Accordingly, the right to file an annulment lawsuit based on relative reasons of nullity falls six months starting from the date on which the reason for the annulment is learned or the effect of fear disappears, and no later than five years after the marriage.
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