Marriage Annulment in Spain

1. Nullity of Marriage

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,
  • When any or both of the spouses was below the legal age to consent to marriage.
  • In case of Bigamy,
  • In case of Incest,
  • Marriage under threat, force or duress,
  • When certain formal requirements are not complied with (e.g. the marriage is not solemnized by the Judge, the town Major or the officer duly authorised),
  • When either party to the marriage did not validly consent to it by mistake ,
  • When either party has been condemned for being responsible or accomplice of the homicide or murder of their former spouse.

Notwitstanding, by way of exception, the Spanish Ministry of Justice (Ministerio de Justicia) may authorize the marriage between minors under 14 years of age, the marriage entered into collateral relatives and individuals condemned for causing their former spouses’ death.

The information above is not intended to be legal advice. It is recommended that you should consult a Spanish lawyer for individual advice regarding your own situation.

2. How to Initiate the Annulment Process

The annulment proceedings may be initiated either by any of the parties to the marriage or by the Public Prosecutor or by any other person who may have any interest whatsoever in the matter.

In the event a marriage is induced under duress or mistake, only the injured spouse may initiate the annulment proceedings.

The marriage of a minor can be avoided by action of his parents, tutors or by the Public Prosecutor.

To initiate the annulment proceedings, the assistance of a Spanish Lawyer and an Agent to the lawyer (Procurador) is always required. The petitioner may ask for temporary measures to be taken.

3. Get Legal Help

Solid legal advice regarding your marriage annulment process in Spain:
Ask an English-speaking Spanish lawyer.

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