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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 15588
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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How long after the fact can a standesamtliche Heirat be an

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How long after the fact can a standesamtliche Heirat be annulled?
Dear Customer,

Thank you so much for using Just Answer.

You have to have certain reasons for annulling the marriage.

You can only file for annullment within one year of knowing these reasons, if you have been threatened into marrying within 3 years

As annulling is s complex matter and as the Family Courts do not like annulling a divorce is always preferable

I hope I was able to help

Have you got any more questions ?

Please be my guest

Dear Customer,

Have you got any more questions ?
Customer: replied 3 years ago.

Are there no extenuating circumstances such as misrepresentation or fraud that would be considered an exception to the one-year rule? If one of the parties was only marrying for personal gain, for example, because the second party had citizenship in another country?

I know that a church ceremony has no legal standing in Germany, but if the civil ceremony only took place on the word of the citizen party that it was merely preliminary to a church ceremony which was then never arranged due to refusal on the citizen's part - could that not be seen as misrepresentation or fraud? Said citizen made the claim that there was no such thing as an annulment in Germany and only initiated divorce proceedings four years later in order to marry and emigrate his pregnant Russian girlfriend. No exceptions whatsoever?

Dear Customer,

thank you for replying

If there is a fraud the law says that you have to file for annullment one year after having noticed the fraud.

I do not think the refusal of a church ceremony counts as fraud, because fraud always requires a financial damage of some kind

If one party only married in order to gain German citizenship it is called a Scheinehe.

If the parties did not agree on marrying only because of gaining German citizenship but only one spouse intended to do so it is a einseitige Scheinehe which cannot be annulled

Then only divorce is possible

Have you got any more questions?
Customer: replied 3 years ago.

Well, it was definitely a Scheinehe in every sense - but thank you very much for your legal clarification.

You are welcome

If I have managed to answer yur question I would very much appreciate getting a positive feedback because this is how I get credit

Thank you
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