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Annulation of Marriage and its effects

Annulation of Marriage and its effects

Due to the many questions sent to my email related to the figures of annulation, divorce and separation of bodies, I will write a brief summary defining what they mean and their effects over the link of the wedding. This week is the ANNULATION

According to the Colombian civil code the annulation of the marriage works when one of these causes is demonstrated on trial:

1. When there has been a mistake on the person to whom you got married with. In example John married Susan but after one month he discovered that Susan is really Sara, and she is Susan’s sister. If a plaintiff wants to allege this fact, he must do inside the 1 year after he found out.
2. When the man or wife are under 14 years old.
3. When there was lack of will on the people or person who got married. The law presumes lack of will for mental insane human being.
4. When the marriage was celebrated under force or fear. For example the man was forced by his father in law to marry his daughter under the threat that if he did not go to the wedding, he would kill him.
This cause has an exception in which if the couple lived together or the person under attack said that he agreed to the marriage, it (the cause) can not be used.
5. When the woman was kidnapped and forced to marry by his raptor.
6. When one of the members of the couple killed his or her husband’s previous couple.
7. When the couple has blood links ( father and daughter)
8. WHEN MAN OR WIFE ARE MARRIED IN A PREVIOUS CELEBRATION AND NONE OF THEM HAS DIVORCE PREVIOUS TO THE NEW WEDDING.
This cause is a crime in several states, in Colombia it was until 2001 but if it is demonstrated you can have criminal issues related to falsification of public document.

After the family court has annulled a wedding, the link and the obligations between the couple stops, but if the tribunal declared guilty someone, he or she must paid damage and a criminal file will start on the person.

Important: the children how were born under marriage, will continue registered as that, and none of the parent can quit his/her obligation.

Well, this is a small text, if you have legal problems; please consult to your lawyer.

Next week: DIVORCE

Esteban R.
Email: lawyerscolombia at yahoo.com

By lawyer CO on Apr 15, 2007, 09:38 in Friendly Talkzone.

calipro says on Apr 15, 2007, 13:45:

Interesting..... What city are you located in?

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calipro says on Apr 15, 2007, 13:49:

Interesting..... What city are you located in?

Normally in the States your wife is only entitled to half the assets you acquire after you marry.

Is it the same in Colombia? And if you get a divorce in the States, can your wife challenge the divorce in a Colombian court?

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miamimike says on Apr 15, 2007, 14:12:

Not to mention if the Marriage was in a Catholic Church an Annulement isn't a simple or fast matter. Last I knew it eventually had to be signed off by an Entity in Rome even if it is iniated at the Local Parish/Archdiocese level. That changes of course if you are a Kennedy, one of whom had a rather fast Annulement, but still it was signed off by a Church Authority in Rome,,,

"Wait a minute. What did you just say? You're predicting $4-a-gallon gas? That's interesting. I hadn't heard that." -- Feb. 28, 2008 --George W. Bush, Washington, D.C.

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Gomezman5 says on Apr 15, 2007, 14:19:

Mike....I also heard That a general contribution $$ to your local church/archdiocese tends to make the annulment more likely, and happen more quickly. That is the what I hear about things in Chicago. Even when it comes to religion, money talks

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vicshere says on Apr 15, 2007, 15:51:

hey G5 where you been haven't seen you in a while
just to add to your comment
the catholic church and many other religions throughout history have always favored money to resolve issues...that's why the catholic church hold more wealth than some good size countries like Colombia

listo
"con mucho gusto"
Vic

listo

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calipro says on Apr 15, 2007, 18:15:

According to the Colombian civil code...... Seriously doubt that anything lawyerCO posted here has anything to do with getting an annulment in the Catholic Church.

Otherwise I imagine he would be quoting something other than the Colombian civil code.

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Miguel_Clavo says on Apr 15, 2007, 21:19:

i paid $400 and it did need an approval from someone in Rome and it took about 6-8 months...

Just my opinion...

Miguel_Clavo =)..aka, Clavo...Colombia es pasión!

"F.A.R.C..S.U.C.K.S"

"I would rather die living life, than to live a dying life."........ Oh, and my PM is always ON. Great Bumper Sticker: "Home of the Free, Because of the Brave"

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miamimike says on Apr 15, 2007, 22:06:

G5-Yep a Few Extra Dollars as a "Gratuity" sure doesn't hurt the process,,,LOL Ask the Kennedy Clan,,,LOL. Calipro, you are correct, he can talk Civil Divorce but this has absoluely no bearing an an Annulement in the Catholic Church. The Divorce is reletively fast and easy compared to some Annulement.

MC-that was a pretty fast annulement as I was told if I wanted my marriage annuled it would have taken much longer but of course that as in 1991. Maybe they have relaxed the conditions for annulement,,,

"Wait a minute. What did you just say? You're predicting $4-a-gallon gas? That's interesting. I hadn't heard that." -- Feb. 28, 2008 --George W. Bush, Washington, D.C.

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Miguel_Clavo says on Apr 16, 2007, 00:07:

MM...i did it in the 1990s in Northern California...It depends on how fast the local priest/investigator is, as he had to conduct interviews with my witnesses (family, etc)..they never gave me a price, it is up to you to determine the donation....i am not sure if i had given them more it would have been any quicker....i paid over $1,000 to have an exorcism performed on my ex...didnt work as she still has the devil in her! ...jajaja...just kidding.....i did the annulment thing so i could get remarried in a Catholic Church again, if i was ever to lose my mind again.....

Just my opinion...

Miguel_Clavo =)..aka, Clavo...Colombia es pasión!

"F.A.R.C..S.U.C.K.S"

"I would rather die living life, than to live a dying life."........ Oh, and my PM is always ON. Great Bumper Sticker: "Home of the Free, Because of the Brave"

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lawyer CO says on Apr 16, 2007, 07:19:

Complement Both civil and catholic marriages can get annuled. That is why this article is only for the annulation of weddings ( civil ).
The other figures annulation for catholic marriages, divorce ( different to annulation) and separation of bodies will be explain future articles.

Esteban R.

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