Lawyer Nullity of the marriage Paris
Sometimes, it is not the divorce judge who must be seized, but the Court so that he finds that the marriage is void.
However, this is very specific legal process.
The consent given by the future spouses to the civil registrar must be real.
Proof of nullity must be provided by the spouse who requests the nullity.
The real desire to marry may be either completely absent or flawed.
Lack of will to marry :
There is an unwillingness to marry, for example when one of the spouses did not intend to make a real marriage, but has misused the law, for another purpose, for example to obtain a residence permit.
Thus, the husband, whose sole purpose was to obtain a residence permit, had simulated his intention to marry.
The institution of marriage was hijacked to obtain a benefit.
Case law has consistently declared these fictitious marriages to be null and void "marriage is void for lack of consent when the spouses have not taken part in the marriage ceremony except in order to achieve a result foreign to the matrimonial union" ( Cass Civ1, 20 Nov 1963 D1964, II, 465).
The fictitious marriage constitutes a fraud to the law by diverting the institution of the marriage, they are what we call “gray” or “white” marriages.
The law provides for measures to fight white marriages, such as the separate hearing of spouses and the referral to the Public Prosecutor who may order the suspension of the celebration in case of doubt.
Consent to marriage has been vitiated :
Fraud is not recognized as a cause of nullity.
Marriage will have been vitiated when there was error or violence.
There may be an error in the person or an error in the substantive qualities of the person.
But to be accepted as a cause of nullity, the error must have been a determining element of consent.
In any case, the error on the wealth of the husband is not retained as a cause of nullity of the marriage.
Violence also constitutes a cause of nullity of marriage: violence can be physical or simply moral, for example reverential fear towards the parents can constitute this moral violence.
And we must not forget, in matters of marriage annulment, the case of forced marriages, which always constitutes a certain litigation: one of the spouses, generally the young girl contracts the union which is imposed on her by her family.
Family lawyers can recognize that forced marriage is still a long-standing tradition.
The nullity will be relative or absolute.
Cases of vitiated consent constitute relative nullities which are opposed to absolute nullities, as for example the hypothesis of bigamy.
It will be observed that the law of May 17, 2013 overturned the principles governing marriage by admitting marriage for all.
While the marriage in France of two people of the same sex was prohibited and a cause of absolute nullity, such would no longer be the case now.
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