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Marriage annulment vs divorce
Grounds for annulment
Annulment: application process
Effects of an annulment
PacisLexis Family Law
Marriage annulment lawyer
Marriage annulment
Annulment in France has largely increased. There were 449 annulments granted in 1995 against 740 in 2004.
Annulment or nullity definition:
You can annul a marriage for a number of reasons. For an annulment to be granted, a marriage must be either void or voidable.
In France, you can annul a marriage if it was not legally valid and, in most cases, the main ground for annulment is that you did not properly consent to the marriage. Also a ground for annulment is sham marriages or marriages of convenience where the marriage is contracted for immigration advantage by a couple who are not in a genuine relationship.
Legal implications of an annulment:
An annulment declares the marriage null and void as if the marriage never existed. Consequences and implications are then very important especially with a sham marriage. A French citizenship acquired with a marriage can then be void too.
However, parental responsibility is not removed for children born from a sham marriage.
Our specialist family law lawyers will be able to provide guidance on whether your marriage could be considered void or voidable.
marriage annulment lawyer
Marriage annulment vs divorce
What is the difference between annulment and divorce?
Just like a divorce an annulment brings your marriage to an end. However, the main difference states into the fact that the marriage never took place.
With a divorce, the marriage is declared valid and technically existed.
In France there are 2 different types of criteria to meet for a marriage to be void or voidable:
- the main voidable criteria required for annulment is that no proper consent was given for the marriage, or you were forced into it.
- The main void criterias required for annulment is that one of you was still married with someone else when you got marriage, you or your partner were under 16 when married or you are closely related…
Effects of an annulment & divorce
Effects of a divorce or annulment proceedings are different:
- With an annulment, the marriage has never existed.
- With a divorce, the marriage did exist. Technically the marriage ends in the future but not in the past.
What is the difference between an annulment and a divorce for spousal maintenance?
You cannot claim spousal maintenance with an annulment.
You can claim spousal maintenance with a divorce. The main goal of spousal maintenance is when one of the parties doesn’t have sufficient assets or incomes to cover their daily needs.
To learn more about spousal maintenance please follow the link below:
In France what is the difference between legal marriage objection and annulment?
A legal marriage objection is to assess the legal eligibility of a union and takes place before the marriage.
A court can remove or approve a legal marriage objection within 10 days from the day of the objection. If the court disapproves the objection, the weeding can take place. If the objection is approved, the wedding cannot take place.
An annulment takes place after the marriage.
What is the difference between an annulment and rescheduling a marriage?
An annulment is a legal process to declare a marriage void as it has never existed. The ceremony took place, whereas rescheduling is just about rescheduling the wedding.
marriage annulment lawyer
Grounds for annulment
What is the nullity of marriage law in France?
The nullity of marriage defines valid reason for annulment according to the French law.
What are the reasons for annulment in France?
To apply for annulment, your marriage must be either not legally valid so void or voidable.
You can annul a marriage if it was not legally valid in the first place or for a number of reasons such as you, or close relatives, did not properly consent to the marriage, for example with abuse.
In France what is absolute nullity?
The nullity is followed by an annulment. Your marriage is not legal.
What are the grounds for getting an annulment?
Grounds for annulment are:
- You or your partner are under 16
- The marriage was not consented to
- If your partner doesn’t turn up for the ceremony included for wedding abroad
- If you or your partner are already in a marriage
- If you or your partner are closely related to one another
- If the ceremony hasn’t been publicly celebrated by a civil registration clerk.
In France, can a minor get married?
Yes!
16 and 17 year olds can be allowed to marry if they have parental consent. If a parent disagrees with the other one, consent is given if both were aware of the marriage.
A minor can be allowed to marry if the chief prosecutor agrees and serves an exemption. This exemption is given for serious grounds. However, parents must give their consent.
In France what is a sham marriage?
A sham marriage, or marriage of convenience, describes a marriage entered into for immigration advantage by two people who are not a genuine couple to get the French citizenship or a valid visa.
In France, there are 2 types of sham marriage:
- ‘le mariage blanc’ also sham marriage is a marriage of convenience to get the French citizenship. In that case, we consider that both are aware of their actions.
- ‘le mariage gris’ also sham marriage is a marriage of convenience to get the French citizenship. However, one spouse has given false information or concealed their intention to the other.
Can you annul a ‘mariage blanc’ or sham marriage in France?
Yes!
It’s totally possible to annul a sham marriage for the ground based on one spouses’ lack of consent. The only goal of a sham marriage is to get the French citizenship or a visa.
What is a ‘mariage gris’ in France?
‘Le mariage gris’ also sham marriage is a marriage of convenience to get the French citizenship.
However, one spouse has given false information or concealed their intention to the other.
Can you annul a ‘mariage gris’ or sham marriage in France?
Yes!
It’s totally possible to annul such a marriage based on 2 different grounds:
- nullity based on the intention to conceal the information (void).
- nullity based on the lack of consent (voidable).
marriage annulment lawyer
Annulment: application process
Who can apply?
It depends!
If a marriage did not comply with the legal requirements of validity, you can apply for a nullity in the following situations:
- Abuse: if a spouse is being abused, they can apply for a nullity.
- Concealed information: only the spouse who has been given false information can apply for a nullity.
- No consent: the spouse who has not consented to the marriage can apply.
- Any individual who has indirect or direct concerns about the marriage
When can you annul a marriage in France?
In France, you can apply for annulment up to 5 years after the wedding.
This timeframe depends on the grounds:
- If the ground is about the consent, the timeframe starts right after the day of the wedding.
- If there is no parental consent: the timeframe starts when the parents are aware of the wedding.
- If the reason is void, you can apply for annulment up to 30 years.
Annulment process
You need to apply at the nearest family court (located where you and partner live).
With children, the court will then assess the situation regarding parental responsibility.
marriage annulment lawyer
Les effects of an annulment
Effects of an annulment for the lying spouse
There are 2 effects:
- An annulment leads to the cancellation of marriage rights and duties
- The marriage is considered it has never existed so exempt transfers (lifetime gifts), marital regime and inheritance have never existed too.
Effects of an annulment for the putative spouse
The annulment is in the future regarding the putative spouse.
Effects of an annulment for the children
Children will still be considered your legal children even if the marriage is annulled. It means that you still have parental responsibility and still have legal obligation to provide for them.
Effects of an annulment for third parties
There is no legal consequences for third parties with an annulment.
Effects of an annulment with a sham marriage
Whether it’s a ‘mariage blanc’ or ‘mariage gris’ so for a sham marriage, there is prosecution:
- Criminal sanctions : 5 years imprisonment and a €15,000 fine.
- Administrative sanctions: Withdraw of any citizenship.
Any citizenship or visa will be instantly withdrawn with an annulment. The illegal spouse can also be asked to leave the country.
To help you
and to care
PacisLexis Family Law
You want to learn more about marriage annulment ?
Regardless of your reasons for annulment, our team of family lawyers will help to make the process as easy as possible.
Annulments is a particularly complicated and misunderstood area of law so getting legal advice is essential.
PacisLexis Family Law
Our divorce & separation articles
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How to get divorced
According to article 227 of the Civil Code, marriage ends by the death of one of the spouses or by getting a divorce.
Getting a divorce is legally ending your marriage. Divorce means that you will no longer be legally joined to your partner.
A study carried out by INSEE highlights an increase in the rate of divorced couples. Indeed, the divorce rate was 10 % in 1970, reached 52 % in 2005 to drop to 44 % in 2014. The longer the marriage lasts, the lower the chances of divorce.
There are several types of divorce. Choosing the best option can be difficult, this is why it is important to know your rights and duties.
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