The annulment of a civil marriage in Portugal is a complex legal process that involves analyzing various situations that can make the marriage invalid. Contrary to what many people may think, annulment does not happen automatically, but requires a specific legal procedure.
This post aims to clarify, very briefly, the main issues related to the annulment of a civil marriage, covering the reasons that can justify it, the legal process required and the applicable deadlines.
1. Grounds for Marriage Annulment in Portugal
Article 1631 of the Portuguese Civil Code lays down a number of causes that can justify the annulment of a civil marriage. Among the reasons are:
- Existence of direct impediments: The existence of certain legal impediments, known as "impedimentos dirimentes", can lead to the marriage being annulled. These include, for example, the existence of a previous undissolved matrimonial bond (case of bigamy), kinship in a straight line (incest) or when one of the bride and groom has not yet reached the age of 16 when the marriage was celebrated.
- Lack of Consent: A marriage can also be annulled if one of the parties did not give their consent freely and knowingly at the time of the celebration. The cases of lack of will included here are, for example, marriage performed under duress; when one of the parties is mistaken about the identity of the other; or when, at the time of the celebration of the marriage, he/she was not aware of the act he/she was performing, due to accidental incapacity or another cause.
- Lack of presence of witnesses: In addition, the marriage can be annulled if it is celebrated without the presence of witnesses, when such presence is required by law (Article 154(3) of the Civil Registry Code: “The presence of two witnesses is mandatory whenever the identity of either of the spouses or the attorney-in-fact is not verified by one of the following means: a) By personal knowledge of the registrar; b) By the exhibition of the respective identification documents; c) By the exhibition of the title or residence permit, passport or equivalent document, if the spouses are foreigners.”).
It is therefore important to point out that, contrary to what many people might think, cheating, for example, is not a reason for annulling a marriage (but it could eventually be one of the grounds for a divorce petition). Likewise, mere regret on the part of one or both spouses is not grounds for requesting a marriage annulment in Portugal.
2. How to annul a marriage in Portugal
To annul a marriage in Portugal, it is necessary to initiate legal proceedings, as provided for in Article 1632 of the Civil Code. Annulment is not an automatic act, and must be requested through a special action for annulment of marriage, which must be brought before a competent court.
In this process, the interested party must present evidence proving the existence of one of the grounds for annulment provided for by law. The court will analyze the case and may examine documents and produce other evidence if necessary. The judge, after assessing the evidence, will decide whether or not to annul the marriage.
3. Deadline for annulment of marriage
The time limits for seeking the annulment of a marriage vary greatly according to the cause of the annulment, as set out in Articles 1643 to 1646 of the Civil Code.
For example, an annulment action based on the lack of witnesses can only be initiated within one year of the marriage being celebrated (Article 1646 of the Civil Code).
It is essential for the interested party to pay attention to the legal time limits, as the expiry of the time limit means that it is impossible to request an annulment, even if there are valid reasons for doing so.
4. Conclusion
The annulment of a civil marriage in Portugal is a legal procedure that requires careful analysis of the circumstances involved and compliance with specific legal requirements. Anyone who finds themselves in a situation that may justify annulment should seek qualified legal advice to initiate the appropriate legal proceedings and ensure that all deadlines and formalities are met.
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