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Annulment of marriage; notification of facts of annulment

In certain cases, in addition to the citizens concerned, the government of Middle Franconia is also entitled to apply for marriage annulment. Authorities such as registry offices, immigration authorities or individuals can notify the competent authority of possible grounds for annulment.

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Regierung von Mittelfranken - Sachgebiet 11 - Personelles Statusrecht, Ausländerrecht, Zentrale Ausländerbehörde Mittelfranken

Regierung von Mittelfranken

Street address

Promenade 27
91522 Ansbach

Postal address

Postfach 6 06

91511 Ansbach

Phone

+49 981 53-0

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Procedure details

According to §§ 1313 ff. of the German Civil Code (BGB), a validly concluded marriage can be annulled in Germany under certain conditions. Marriage annulment is carried out at the request of the persons concerned and in certain cases also at the request of the competent authority by means of a legally binding decision by the competent family court.

The government of Middle Franconia is authorized to apply for the annulment of marriages that violate the following provisions:

  • § Section 1303 BGB - Lack of legal capacity to marry
  • § 1304 BGB - legal incapacity
  • § 1306 BGB - double marriage
  • § Section 1307 BGB - kinship
  • § Section 1311 BGB - personal declaration
  • § Section 1314 para. 2 no. 1 BGB - unconsciousness/disturbance of mental activity or
  • § 1314 Para. 2 No. 1 BGB - marriage of convenience

The government of Middle Franconia has local jurisdiction for all administrative districts in the Free State of Bavaria and can file an application for annulment of a marriage with the competent family court if there are grounds for annulment.

In the event of a violation of § 1303 sentence 1 (age of majority), the government of Middle Franconia must file an application for annulment, unless the underage spouse has come of age in the meantime and has indicated that he or she wishes to continue the marriage.

The grounds for annulment of marriages of convenience and double marriages are criminal offenses in accordance with § 95 Para. 2 No. 2 of the Residence Act (AufenthG) and § 172 of the Criminal Code (StGB). In these cases, the authorities (e.g. registry offices, immigration authorities) should file an application to initiate criminal proceedings.

Authorities (e.g. registry offices, immigration authorities) or persons can inform the Government of Middle Franconia about possible facts of annulment.

  • Marriage certificates (if necessary with German translation)
  • Documents providing evidence of the existence of a ground for annulment
  • Address(es) of spouses, if residence known
  • if applicable, minutes of personal statements of the spouses
  • proof of the nationality of the spouses (e.g. certified copies of travel documents)

Status: 16.08.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium des Innern, für Sport und Integration
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