Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Annulment of marriage is a legal process that seeks a court declaration that a marriage is null and void from the start - in other words, that the marriage never existed in the eyes of the law. In Argentina the substantive rules about marriage, its formation and defects are governed primarily by the Civil and Commercial Code of the Nation. Procedural aspects - where to file, local evidentiary practice, and specific court organization - are handled through Córdoba provincial courts and Registro Civil offices. Annulment is distinct from divorce. Divorce ends a valid marriage going forward, while annulment declares that certain legal defects rendered the marriage void or voidable ab initio.
Annulment cases often involve complex factual and legal issues that benefit from professional legal advice. Common situations in which people need a lawyer include -
- Disputes over whether legal requirements for a valid marriage were met - for example, consent, capacity, or formalities.
- Allegations of fraud, duress, or mistake that could invalidate consent.
- Cases involving bigamy or prior undissolved marriages.
- Marriages involving minors where judicial or parental authorization may be questioned.
- Concerns about property division, inheritance rights, pensions or social security consequences tied to marital status.
- Situations where children are involved and there is uncertainty about legal parentage, custody or support after annulment.
- When there may be criminal aspects, such as simulated marriages, trafficking, or impersonation, which require coordination with criminal authorities.
A lawyer will assess facts, identify the correct legal theory - absolute nullity or relative nullity - prepare pleadings, gather evidence, represent you in court, and advise on interim protective measures.
Key legal and procedural aspects relevant in Córdoba include -
- Governing law - The national Civil and Commercial Code sets the substantive grounds and effects of nullity and annulment. Provincial courts in Córdoba apply these rules and handle the procedural steps.
- Types of nullity - Generally there are two categories - absolute nullity for defects that affect public order or the legal institution of marriage, and relative nullity for defects that affect the consent or capacity of one of the spouses. The legal consequences and who may file vary by category.
- Grounds for annulment - Typical grounds include lack of capacity to marry, absence of genuine consent due to mistake, fraud or duress, bigamy, prohibited degrees of kinship, and failure to comply with required formalities. Each ground has specific legal elements that must be proven.
- Distinction from divorce - Annulment seeks a declaration of nullity from the start. Divorce terminates a valid marriage. The available remedies and consequences for property and children differ accordingly.
- Effects on children - Modern Argentine law protects the rights of children. Parentage and the childs legal status are not automatically negated by annulment. Family law rules on custody, guardianship and support remain the focus.
- Procedural forum - Actions for annulment are typically brought in civil or family courts with jurisdiction where the spouses reside or where the marriage was registered. The Registro Civil keeps the official marital record and will update registry entries after a court judgment.
- Evidence and experts - Courts may order evidence gathering, witness testimony, expert reports or psychiatric/psychological assessments when capacity or consent is disputed.
- Time limits and standing - Some annulment claims may be subject to time limits or be available only to certain parties. These limits and the right to file can vary depending on the legal ground invoked.
- Ancillary issues - Annulment proceedings often overlap with questions of provisional relief - temporary custody, protection measures, or orders concerning property and maintenance until the main issue is decided.
Annulment is a judicial declaration that a marriage was invalid from the beginning - void or voidable ab initio. Divorce ends a valid marriage and regulates consequences going forward. The legal grounds, effects on records, and remedies differ between the two processes.
Common grounds include lack of legal capacity to marry, absence of free and informed consent because of fraud or coercion, bigamy or prior undissolved marriage, prohibited consanguinity or affinity, and defects in formalities. The precise legal characterization and required proof depend on circumstances and applicable law.
Who may file depends on the type of nullity. For some absolute nullities any interested party or public prosecutor may act, while for relative nullities typically the affected spouse or a legally authorized party must file. Time limits and standing are complex and a lawyer should confirm who can bring a claim in your case.
Some annulment claims are subject to prescription or time limits, while others are not. The applicable deadline varies with the legal ground and category of nullity. Because limits can be strict, seek legal advice promptly if you believe you have grounds for annulment.
Duration depends on case complexity, court workload, necessity of expert reports, and whether appeals are filed. Simple, uncontested cases may resolve faster, but contested matters can take many months or longer. Your lawyer can give an estimate based on local court timing and case specifics.
Effects on property and inheritance depend on whether the marriage is declared void or voidable and whether third parties acted in good faith. Courts will address distribution of assets, and rules differ from divorce. Inheritance implications may require additional proceedings. Legal counsel is necessary to protect financial interests.
Argentine family law protects the rights of children. Annulment does not automatically strip children of legal protections or parental responsibilities. Issues of parentage, custody, visitation and support remain governed by family law principles focused on the childs best interest.
Yes. If the facts that support annulment also constitute a crime - for example, bigamy, marriage by fraud or human trafficking - the matter can be referred to criminal authorities. Civil annulment and criminal prosecution are distinct processes but can run in parallel.
Relevant evidence may include the marriage certificate and Registry entries, identity and civil status documents, witness statements, correspondence or documents showing fraud or coercion, medical or psychological expert reports, and any records proving a prior marriage. Your lawyer will help identify and collect the required evidence.
It is possible to file civil proceedings without a lawyer in some contexts, but annulment cases commonly involve nuanced legal arguments, procedural rules and evidentiary requirements. A lawyer helps craft the claim, gather proof, and represent you in hearings. If cost is an issue, look for public legal assistance or referral services in Córdoba.
Below are local and national resources that can assist someone seeking advice or representation in annulment matters -
- Registro Civil de la Provincia de Córdoba - maintains civil records such as marriage certificates and can provide certified copies of registry entries.
- Poder Judicial de la Provincia de Córdoba - the provincial court system where civil and family proceedings are managed. Local court clerks can confirm jurisdiction and filing procedures.
- Colegio de Abogados de Córdoba - the local bar association can provide lawyer referrals and information on attorneys who specialize in family law.
- Ministerio de Justicia y Derechos Humanos de la Nación - provides information about national civil law rules and public programs related to family law.
- Defensoría Pública o Asistencia Jurídica Gratuita - public legal aid offices that may offer free or low-cost legal assistance depending on eligibility.
- Local family and social services - municipal and provincial family services can offer guidance on child protection, social assistance and mediation options.
- Non-governmental organizations - NGOs that work on family law, domestic violence, or human rights can provide practical support and referrals.
If you are considering annulment, follow these practical steps -
- Gather documents - collect your marriage certificate, identity documents, birth certificates for any children, and any documents that support your claim such as messages, records of a prior marriage, medical records or witness names.
- Seek legal advice - contact a family law attorney in Córdoba or a public legal aid office for an initial consultation. Ask about likely grounds, time limits and estimated costs.
- Preserve evidence - keep originals safe and make certified copies. Note dates, events and witnesses while memories are fresh.
- Consider interim measures - if there are urgent issues such as custody, domestic violence, or financial needs, ask your lawyer about provisional relief or protection orders.
- Explore alternatives - in some cases mediation or negotiated agreements on specific issues can be more efficient than full litigation. Discuss options with your lawyer.
- File in the correct court - your lawyer will advise where to file the annulment action in Córdoba and will prepare the necessary pleadings and evidence.
- Plan for follow-up - be prepared for hearings, possible expert testimonies and the chance of appeals. Maintain communication with your attorney and follow their guidance.
Annulment is a significant legal remedy with long-term consequences. Accurate legal advice tailored to your facts is essential. If you are unsure where to begin, contact a local family law attorney or the public defender service for an intake appointment.
