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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22310
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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What is minium period to get a annulment after marriage

Customer Question

Customer: what is minium period to get a annulment after marriage
JA: Thanks. Can you give me any more details about your issue?
Customer: a friend has been married for five months and they have seperated for 3 months now new g/f off the man wants his marriage annuled before going to divorce
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Submitted: 11 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 11 months ago.

The standard period is two years of separation before you can apply for the marriage to be dissolved. Annulment is unusual and is only able to be used in cases

only where—

  • (a)in the case of a marriage or civil union that is governed by New Zealand law so far as it relates to capacity to marry—

    • (i)at the time of the solemnisation of the marriage or civil union, either party was already married or in a civil union; or

    • (ii)by reason of duress, mistake, or insanity, or for any other reason, there was at the time of the marriage or civil union an absence of consent by either party to marriage or civil union to the other party; or

    • (iii)the parties to the marriage are within the prohibited degrees of relationship set out in Schedule 2 of the Marriage Act 1955, and no order is in force under section 15(2) of that Act dispensing with the prohibition;

Expert:  Chris The Lawyer replied 11 months ago.

Those grounds are difficult to prove and most just wait the two years

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