Annulment of marriage is the determination by the court that the marriage is invalid from the beginning due to absolute or relative nullity. Its main difference from divorce is that it does not have a retroactive effect.
Absolute Reasons for Nullity (TMK art. 145)
- One of the spouses being married at the time of marriage (polygamy)
- One of the spouses constantly lacking the power of discrimination
- Mental illness (obstacle to marriage)
- The degree of kinship prohibited by law
Relative Reasons for Nullity (TMK art. 149-153)
- Temporary loss of discernment (drunkenness, etc.)
- Mistake
- Deception
- Intimidation
Consequences
Marriage has consequences for well-intentioned spouse and children in accordance with the divorce provisions (TMK m.158).
Supreme Court 2. HD
2. HD accepts that in order to annul a marriage due to absolute nullity, it must be proven that the reason existed at the time of marriage, and that subsequent situations may be a reason for divorce.
Family law lawyer is recommended.