What is civil marriage annulment?

We are all used to hearing about the nullity of a church marriage. This is because, in that sense, it entitles the person to be able to remarry in church without the situation of widowhood of one of the spouses having arisen. However, it is true that the Civil Code also provides for such a situation. As lawyers specialising in personal civil law, we would like to talk to you about the reasons for this and many other interesting aspects of the subject.

Why can a civil marriage be declared null and void?

The nullity of a civil marriage is a matter that is typified in Article 73 of the Civil Code. Specifically, the following causes are specified as those responsible for its occurrence.

Lack of consent on the part of one or both spouses

In order for two persons to enter into marriage, according to current civil law, it is necessary that they do so freely and with a conscious declaration. In the absence of either of these two circumstances, it is impossible to create the marriage bond. 

A lack of consent can therefore be understood as a lack of consent when one of the two spouses is forced to marry by his or her environment or partner or when, generally speaking, he or she does not have the natural capacity to object. This can also occur if one of them is mentally disturbed. 

Mistake of person, obstacle error, mental reservation or simulation

Here we have combined four grounds for civil marriage annulment under one heading. By each of them we mean the following:
 

1. Mistake in person: this refers to a mistake caused by the other spouse's ignorance of the real identity of one of the spouses. 

2. Obstructive error: this refers to the lack of marital consent due to the grantor's ignorance of the scope of the declaration he/she is making and of its legal significance. 

3. Mental reservation: this is a complex term that only covers people with psychic and mental problems. For this to occur, the will of one of the spouses must have been judicially deprived of effect. 

4. Simulation: this is what is known today as a marriage of convenience. It involves the modification or deprivation of the fundamental effects of the marriage by an agreement made between two people for a specific purpose. To make it easier to understand, this could be the case of an immigrant who pays a person born in Spain to marry him/her in order to obtain legal residence in our country. Since the purpose is fraudulent, the declaration of nullity is usually accompanied by additional civil and even criminal liability.

Vices of consent

A person may give consent to marry another person, but if this consent is vitiated, the marriage will be null and void. In particular, judges understand that this occurs when there is coercion or a serious fear is instilled in one of the spouses if the union does not take place.

Validation of a marriage when it has been declared null and void

In civil law, the term of nullity applied to marriage is usually radical. However, the Civil Code, in specific cases, provides for the possibility that, despite the declaration, the marriage can be validated and confirmed. 

You should be aware that such a validation, in the case of marriage annulment, is only granted to persons affected by a dispensable impediment such as, for example, age or an intentional death. It is also often the case when one or both parties are under the legal age, provided that they have lived together for a period of more than 12 months. The last option for granting it is if the marriage was contracted by mistake or coercion. However, this process must be initiated before the annulment procedure is started.

Steps to be followed when applying for a civil annulment of marriage

The first thing to be said in this regard is that the nullity action is public or semi-public in nature. However, this does not imply that any subject is entitled to apply for it. 

The spouses are the main actors who can apply for the nullity of their marriage. However, the proceedings may also be initiated at the request of any person with a legitimate and direct interest and the Public Prosecutor's Office. 

When we have spoken of persons who have a legitimate interest in the nullity of this type of marriage, we have referred, for example, to the parents of married minors who have not yet reached the age of majority and who have lived together for one year or more. 

Another important aspect is that once the year of cohabitation or the commission of the error, coercion or cause of fear that forced one of the parties to marry has passed, the right to nullity lapses and the marriage must be dissolved by divorce. 

What are the property consequences of a declaration of marriage annulment?

Everything related to this issue is specified in Article 95 of the Civil Code. As is common sense, the declaration of nullity automatically entails the dissolution of the economic regime established between both spouses within the marriage. 

In this regard, if the judgment declaring the nullity specifies that the marriage was entered into solely due to the bad faith of one of the parties, the judge may rule that the party who did act in good faith has the right to liquidate the provisions relating to his or her share in the property regime and to enjoy the profits obtained without the other party being able to do so. 

The purpose of this is always to prevent the spouse who acted in bad faith from nevertheless being able to obtain financial gain from the marriage he or she contracted. In fact, in the event of marital cohabitation, the party who acted in good faith may even be entitled to compensation, as is reflected in Article 98 of the Civil Code. This is not the case if both parties acted in good faith. 

What about ecclesiastical marriage?

We begin this article by making a brief reference to the fact that, on most occasions, when we hear talk of nullity, reference is made to ecclesiastical marriage. Evidently, this concept is related to the civil one, although not in all cases. 

Article 954 of the Civil Procedure Act clearly specifies that a decision on the nullity of a canonical marriage will only be valid and, therefore, effective in the civil sphere if a judge declares it to be in accordance with the law. 

This has resulted, over time, in the establishment of a double control of the nullity rule in our country. This is a fact that delays the process but offers greater legal guarantees to the spouses. 

In short, this is all you need to know about the nullity of civil marriage in Spain. We hope we have been of help and have clarified any questions or doubts you may have, please contact us for more information.