Applications for annulment of marriage
Chapter IV: Applications for annulment of marriage
(Law of March 17, 1803 promulgated on March 27, 1803)) (Law n ° 75-617 of July 11, 1975 art. 5 Official Journal of July 12, 1975 in force on July 1, 1976) (Law n ° 2006-399 of April 4, 2006 art . 5 Official Journal of April 5, 2006)
A marriage which has been contracted without the free consent of the two spouses, or of one of them, can only be attacked by the spouses, or by the one of the two whose consent has not been free, or by the Public minister.
The exercise of coercion on the spouses or on one of them, including by reverential fear towards an ascendant, constitutes a case of nullity of the marriage.
If there has been an error in the person, or in essential qualities of the person, the other spouse can ask for the nullity of the marriage.
(Law of March 17, 1803 promulgated on March 27, 1803)) (Law n ° 2006-399 of April 4, 2006 art. 6 Official Journal of April 5, 2006) In the case of the preceding article, the request for nullity is no longer admissible at the end of a period of five years from the marriage or since the spouse has acquired full freedom or the error has been made. been recognized by him.
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) Marriage contracted without the consent of the father and mother, of the ascendants, or of the family council, in cases where this consent was necessary, can only be attacked by those whose consent was required, or by that of the two spouses who had need that consent.
(Law of March 17, 1803 promulgated on March 27, 1803)) (Law n ° 2006-399 of April 4, 2006 art. 6 Official Journal of April 5, 2006) An action for nullity can no longer be brought either by the spouses or by the parents whose consent was required, whenever the marriage has been expressly or tacitly approved by those whose consent was necessary, or when it is five years have passed without any complaint on their part since they learned of the marriage. Neither can it be brought by the husband, when five years have elapsed without any complaint on his part, since he has reached the competent age to consent to the marriage by himself.
(Law of March 17, 1803 promulgated on March 27, 1803)) (Law of February 19, 1933)) (Law nº 93-1027 of August 24, 1993 art. 31 Official Journal of August 29, 1993) Any marriage contracted in contravention of the provisions contained in articles 144, 146, 146-1, 147, 161, 162 and 163 may be attacked either by the spouses themselves, or by all those who have an interest in it, or by the public prosecutor. .
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) Nevertheless, the marriage contracted by spouses who did not yet have the required age, or of whom one of the two had not reached this age, can no longer be attacked:
1 ° when six months have elapsed since that spouse or spouses have reached the competent age;
2 ° when the woman, who was not this age, conceived before the six-month deadline.(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) The father, mother, ascendants and family who have consented to the marriage contracted in the case of the preceding article are not admissible to request its nullity.
Article 187
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) In all cases where, in accordance with article 184, the action for nullity can be brought by all those who have an interest in it, it can be brought by the collateral parents, or by the children born of another marriage. , during the lifetime of both spouses, but only when they have a born and current interest in it.
Article 188
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) The spouse to the detriment of whom a second marriage has been contracted may request its nullity, even during the lifetime of the spouse who was engaged with him.
Article 189
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) If the new spouses oppose the nullity of the first marriage, the validity or nullity of this marriage must be judged beforehand.
Article 190
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) The public prosecutor, in all the cases to which article 184 applies and under the modifications made in article 185, can and must ask for the nullity of the marriage, during the lifetime of the two spouses, and have them condemned to each other. to separate.
Article 191
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) Any marriage which has not been publicly contracted, and which has not been celebrated before the competent public officer, can be attacked by the spouses themselves, by the father and mother, by the ascendants and by all those who have a born and current interest in it, as well as by the public prosecutor.
Article 192
(Law of March 17, 1803 promulgated on March 27, 1803)) (Law of June 21, 1907)) (Law nº 46-2154 of October 7, 1946 art. 38)) (Ordinance nº 2000-916 of September 19, 2000 art. 3 Journal Official of September 22, 2000 in force on January 1, 2002) If the marriage has not been preceded by the required publication or if the dispensations permitted by law have not been obtained, or if the prescribed intervals between the publication and the celebration have not been observed, the public prosecutor of the Republic will impose a fine against the public official which may not exceed 4.5 euros and against the contracting parties, or those under whose power they have acted, a fine proportionate to their fortune.
Article 193
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) The penalties pronounced by the preceding article will be incurred by the persons who are designated therein, for any contravention of the rules prescribed by article 165, even if these contraventions are not considered sufficient to declare the nullity of the marriage.
Article 194
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) No one may claim the title of spouse and the civil effects of the marriage, unless he represents an act of celebration entered in the register of civil status; except in the cases provided for in article 46, under Civil status documents.
Article 195
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) Possession of status cannot exempt the so-called spouses who will invoke it respectively, from representing the act of celebration of the marriage before the registrar.
Article 196
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) When there is possession of status, and the act of celebration of the marriage before the registrar is represented, the spouses are respectively inadmissible to request the nullity of this act.
Article 197
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) If, however, in the case of Articles 194 and 195, there are children of two individuals who have lived publicly as husband and wife, and who are both deceased, the legitimacy of the children cannot be contested on the sole pretext of default. of representation of the act of celebration, whenever this legitimacy is proved by a possession of state which is not contradicted by the act of birth.
Article 198
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) When the proof of a legal celebration of the marriage is acquired by the result of a criminal procedure, the inscription of the judgment in the registers of civil status ensures the marriage, from the day of its celebration, all the effects civilians, both with regard to the spouses and to the children of this marriage.
Article 199
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) If the spouses or one of them died without having discovered the fraud, the criminal action can be brought by all those who have an interest in having the marriage declared valid, and by the public prosecutor.
Article 200
(inserted by Law of March 17, 1803 promulgated on March 27, 1803)) If the public officer died when the fraud was discovered, the action will be brought in civil proceedings against his heirs, by the public prosecutor, in the presence of the interested parties, and on their denunciation.
(Law of March 17, 1803 promulgated on March 27, 1803)) (Law n ° 72-3 of January 3, 1972 art. 3 Official Journal of January 5, 1972 in force on August 1, 1972) A marriage which has been declared null nevertheless produces its effects with regard to the spouses, when it has been contracted in good faith.
If good faith exists only on the part of one of the spouses, the marriage produces its effects only in favor of that spouse.Article 202
(Law of March 17, 1803 promulgated on March 27, 1803)) (Law nº 72-3 of January 3, 1972 art. 3 Official Journal of January 5, 1972 in force on August 1, 1972) (Law nº 93-22 of January 8, 1993 art 34 Official Journal of January 9, 1993)
It also produces its effects with regard to the children, even though neither of the spouses would have been in good faith.
The judge decides on the modalities of the exercise of parental authority as in divorce matters.
