The nullity of marriage: a journey through the legal labyrinth and curiosities of invalid married life

Marriage, the union that many consider an important step in life, is not always what it seems. Sometimes, circumstances lead to the discovery that the marriage is not legally valid and suddenly married life becomes a maze of consequences and legal curiosities. If you are looking for information on marriage annulment, but don't want to get lost in a boring text, this article is for you!

Causes for the nullity of marriage: beyond the obvious

In addition to the common grounds for marriage nullity, there are some surprising situations that can invalidate a marriage:

a) Clandestine marriage: Did you know that a marriage celebrated in secret, without the knowledge of the family, could be considered null and void? Although this is becoming less and less common, some legislations still provide for it.

b) Marriage by surprise: It may sound like a romantic movie, but if one of the spouses was not aware that he or she was getting married, and was surprised by the ceremony, it could be argued that there was a lack of consent and therefore nullity.

c) Lack of matrimonial intention: If one of the spouses, at the time of entering into the marriage, did not intend to comply with the duties and obligations involved, a nullity of the marriage may be sought on the grounds of lack of consent.

Consequences of marriage annulment: goodbye to the "better half"!

When a marriage is declared null and void, it is as if the "better half" never legally existed. Here are some interesting consequences that could arise:

a) Who gets the pet: Although there is no community property to dissolve, there may be disputes over the custody of pets. Pets are generally considered property under the law, and their ownership is decided on the basis of who can demonstrate the greatest emotional attachment and ability to care for them.

b) What about wedding gifts: Gifts received during the celebration could be a source of conflict. Generally, each spouse will keep the gifts given to him or her personally, but agreements could be made to divide the joint property fairly.

(c) Travel together: If during the relationship the spouses made investments in travel, timeshare or holiday property, an agreement should be reached to divide these assets or compensate the affected party.

d) What if one of the spouses remarries: If it is proven that the previous marriage was null and void, the new union will not be considered bigamy. However, it is important to make sure that the nullity is properly registered to avoid legal complications.

Nullity of marriage is an exceptional situation where, due to certain irregularities, the union has no legal effect. If you believe that your marriage may be null and void, it is important to seek legal advice to understand the implications and procedures necessary to pursue a declaration of nullity.

Illeslex Abogados

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