19
Nov

To begin to discuss the issue of marriage annulments, it is vital to specify that as a result of an annulment, a marriage is treated as if it had never taken place. When the nullity is issued, both parties return to their initial marital status, as if they were never married.

It is important to note that, if there are any children of the marriage, the rights and obligations each parent has towards their children, will remain the same.

Marriage annulments can be requested only in cases where there was a serious flaw exhibited at the time the marriage initially took place. The Law establishes very limited grounds, and it is difficult to prove such cases. As a result, many people prefer to simply divorce, and not go through an annulment process, which proves to be more complex.

In this article, we will explain some Marriage Annulments aspects. For example:

1. WHO CAN DISPUTE A MARRIAGE.
2. PROCESS TO FOLLOW
3. CONSEQUENCES OF MARRIAGE ANNULMENTS.

In the Dominican Republic, Civil Registry Acts can be annulled by a Judgment; therefore, a marriage can be annulled, as long as it complies with the guidelines established by Law.

In addition to the Dominican Civil Code, Law number 659, on Civil Registry Acts, establishes everything related to the dispute and annulment of marriages, since they are the basis of this procedure.

Who can request the challenge or annulment of a marriage?

Law number 659, article 61, establishes who can challenge a marriage:

A) In the event it is carried out without the free consent of both spouses or at least one of them, stating that in this case it could only be challenged by the spouses or by the spouse who did not provide free consent.

B) When there has been a case of mistaken identity, the marriage may only be challenged by the spouse who was affected directly by the error.

C) Marriage contracted without the consent of the parents, ascendants, the guardian or the Family Council, can be challenged by the persons whose consent was required, or simply by one of the spouses whose consent was missing.

In short, a marriage annulment can be requested by: 

– The spouses.

– The public prosecutor’s office.

– Any person who has a direct interest in the matter.

It is important to note that a marriage annulment is not admissible if the spouses carried out continuous common life during the six months following the moment in which the spouse had regained full freedom of action or had recognized the error.

A marriage declared void can cause, civil effects with respect to the spouse and the children born during the marriage. When the marriage has been contracted in good faith, but only one of the spouses had acted in good faith, the marriage causes civil effects, only in favor of them and the children.

The process to follow for an annulment claim is a process similar to a divorce claim. It is processed through Family Courts and the requirements are:

– Introductory demand.

– Marriage certificate to be challenged.

– Identity documents.

Given how this is often difficult to prove, all supporting documents that can prove the cause invoked for the annulment of the marriage must be submitted. Therefore, before taking steps to make the claim, ensure you have proof at hand.

Article 62 of the Law, establishes sanctions for the official who authorized the marriage that was declared void.

For example, the civil registry officer or official, who authorized a marriage according to the requirements of this law, who failed to comply with the provisions on the registration of certificates and proof of marriage, will be fined one hundred pesos ($100.00) or one to three months in prison.

If there is a case of falsification of documents attributable to the official who authorized a marriage, they will be punished for falsehoods in public documents, in accordance with the provisions of the Dominican Criminal Code.

Any individual who authorizes or celebrates a marriage, without being an official authorized by law, will be punished with a penalty of one to two years in prison.

When it comes to the spouses, given that one or more causes for the impediment to the celebration of the marriage is attributable to them and they were able to deceive the official authorizing the marriage, they will be punished in the following way:

A) If the marriage was not carried out, the attempt will be punishable by one to two years in prison.

B) If the marriage was celebrated, public service will be ordered for five to ten years as a penalty.

C) These penalties will not apply to spouses who are innocent of the crime in question.

CHALLENGING A MARRIAGE DUE TO THE EXISTENCE OF A PREVIOUS MARRIAGE.

Marrying a second time, while already being married is what is defined as bigamy.

Bigamy represents a marriage that affects public order, given that it is a state in which a person is married to another one at the same time. As a result, in addition to the parties linked in the bond of double marriage, the state may also be interested in pursuing its challenge.

Law number 659, article 55 on Acts of Civil Registry, strictly prohibits citizens from entering a second marriage if there is an existing one.

Article 61 establishes the right to demand the annulment of a marriage by any person interested, as long as it did not take place in accordance with the formalities required by law, concerning consent free of vices or the existence of a previous marriage.

Articles 147 and 184 of the Civil Code, under Title V Marriage, state the following: Article 147, establishes that it is not possible to enter a second marriage before the dissolution of the first (by means of divorce). On the other hand, article 184 states that any marriage started in violation of the statute of limitations specified in article 147, can be challenged by the spouses or anyone interested in doing so.

Therefore, according to the Law, a second marriage will be declared null and void.

INFIDELITY AS A CAUSE OF ANNULMENT IN CANONICAL MARRIAGES

Many people wonder if infidelity within canonical marriage is a justifiable cause for initiating a marriage annulment process.

The Catholic Church has structured Ecclesiastical Courts dedicated to ruling justifiable causes for the fulfillment of a request for marriage annulment by the church.

Ecclesiastical Courts in our country are exclusively marital in nature. They are responsible for providing answers to the issues related to the doubts a person may have regarding the validity of their marriage bond.

Nevertheless, the most important question at this point is, Can a declaration of annulment be requested for a marriage with cases of adultery based on such infidelity?

The answer to this question is NO; infidelity is not seen by the Catholic Church as grounds for annulment. However, it can be a sign that something is not working as it should. In other words, this can prove that there is an irregularity of a psychic, psychological or even psychiatric nature in one of the parties.

Once the infidelity is proven by the judge, they might believe that the individual is unable to fulfill what they had promised, and that perhaps the marriage consent could be vitiated.

The steps needed to request a marriage annulment are the following:

– The interested party should approach their corresponding bishopric and request to speak with the official responsible for the court. Another option could be to write a letter providing an account of the events.

– The letter of application, marriage certificate, baptismal certificate of the two spouses and the baptismal certificate of the witnesses would need to be attached.

It is important to be aware of the nature of perpetuity in marriage as seen by the Church; therefore, it is difficult to request the annulment of said bond.

In the event that an individual appears before a court managed by the church to request the annulment of their marriage and does not agree with the court’s decision, they may go to a second court. In other words, it is possible to appeal the decision, and if they are still in disagreement with said decision, they may go to the Apostolic Tribunal of the Roman Rota which is the last instance.

In the event it is not possible to have your marriage annulled, the clear path that remains is a Divorce in the Dominican Republic. Our legislation provides you with options that you may resort to, even if one of the parties does not agree. Some examples of those options are Divorce due to Incompatibility of Character in Dominican Republic or Divorce by Mutual Consent (both parties are in agreement) in Dominican Republic, which is quite fast.