Nullity of Marriage

1. General information

2. How to initiate the nullity procedure 

1. General information

A marriage which is void never had legal existence, except for the spouse married in good faith and for the children.

A marriage may be declared void on the following grounds:

 

  • When it has been celebrated under no consent,
  • No age of consent,
  • Bigamy,
  • Incest,
  • Marriage under duress,
  • When certain formal requirements are not complied with (e.g. the marriage is not solemnized by the Judge, the town Major of the officer duly authorised),
  • When either party to the marriage did not validly consent to it in consequence of mistake,
  • When either party has been condemned for being responsible or accomplice of the homicide or murder of their former spouse.


 

Notwitstanding, the Spanish Ministry of Justice (Ministerio de Justicia) may authorize those marriages between individuals aged than 14 years, those celebrated between collateral relatives and individuals condemned for causing their former spouses' death.


 

2. How to initiate the nullity procedure

A marriage is voidable by an annulment proceeding begun by the spouses, the Public Prosecutor or any other person who has any interest whatsoever in the matter.

In the event a marriage is induced by duress or mistake, only the injured spouse may begin the annulment procedure.

A marriage of a person under legal age may be avoided by action of hisparents, tutors or the Public Prosecutor.

To initiate the annulment procedure, Spanish Lawyer and Attorney at Court intervention is always required. The petitioner may ask for temporary measures to be taken.