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 in Florida, Argentina refers to a judicial declaration that a marriage was invalid from the start - in other words the marriage is null or void. Argentina uses the Civil and Commercial Code to regulate marriage, and annulment actions are handled by the civil or family courts that have jurisdiction over the parties. An annulment is different from divorce - divorce ends a valid marriage moving forward, while annulment treats the marriage as having lacked one or more essential legal requirements when it was formed. Causes of annulment can include lack of capacity, lack of valid consent, close kinship, bigamy, and failure to observe required formalities.
Annulment cases raise both legal and practical questions that are often complex. You should consider hiring a lawyer if you face any of the following situations:
- You or the other spouse claim the marriage is void or voidable because of incapacity, coercion, fraud, or error. These grounds require legal analysis and proof.
- The other spouse contests the annulment and you expect hearings or appeals.
- The case involves children, custody, visitation, child support, or issues of paternity. Courts will prioritize the best interests of the child and those outcomes require legal advocacy.
- There are disputes over property, joint assets, compensation, or social security and pension effects.
- The marriage took place abroad, or one spouse is a foreign national, raising questions of recognition and cross-border formalities.
- You need urgent protective measures for domestic violence, harassment, or risk to personal safety - lawyers can request interim orders from courts.
- Evidence will be technical - for example psychiatric expert reports, medical records, or proof of fraud - lawyers know how to obtain and present those materials.
In short, a lawyer helps you understand grounds and likely outcomes, prepares the legal claim, represents you in court, and seeks interim relief when needed.
Key legal points that are especially relevant in Florida, Argentina include the following.
- Grounds for annulment - Argentine law recognizes both absolute and relative causes. Absolute causes typically include bigamy and prohibited kinship - these render the marriage null without the need for a specific party to act. Relative causes typically involve defects in consent or capacity - for example, serious mental incapacity, error, duress, or deceit - and usually allow an affected spouse to seek annulment.
- Formal requirements - a valid marriage must meet registration and ceremony formalities established by the civil registry. If those formalities were not observed, the marriage may be vulnerable to annulment.
- Procedural forum - annulment claims are filed in the civil or family court with jurisdiction over the spouses. The local Registro del Estado Civil holds marriage certificates and will update records only after a court judgment.
- Effects of annulment - when a court declares a marriage null, the decision typically has retroactive effect - the marriage is treated as never having existed. Despite that, courts protect the rights of children born in the relationship - children remain legitimate and parental responsibility is determined independently of the annulment.
- Property and economic consequences - nullity can affect property regimes and spousal claims. Courts may order restitution, compensation, or equitable adjustments depending on the case facts, especially when one party acted in reliance on the marriage.
- Time limits and procedural requirements - some causes of annulment are subject to specific time limits or conditions for bringing the claim. These rules vary by cause and can affect whether a claim is accepted. It is important to consult a lawyer promptly to check deadlines.
Annulment declares that a marriage was invalid from the beginning - nullity - while divorce ends a legally valid marriage moving forward. Annulment focuses on defects at the time the marriage was formed, such as lack of consent, incapacity, bigamy, or prohibited kinship. Divorce recognizes that a valid marriage existed but is being dissolved.
Common grounds include lack of capacity or consent - for instance serious mental incapacity, error, fraud, or coercion - and absolute grounds like bigamy or prohibited degrees of kinship. Failure to comply with required formalities for marriage registration can also lead to nullity. The appropriate legal classification of a ground - absolute or relative - affects how the court treats the claim.
Typically, either spouse can file when grounds exist, and in some absolute-nullity situations any interested party or the public prosecutor may bring an action on behalf of the public interest. When grounds are relative - for example, a vitiated consent - the person whose consent was affected is the party who must normally request annulment within applicable time limits.
Yes - some grounds for annulment are subject to procedural time limits or conditions. Time limits differ depending on whether the ground is absolute or relative and on the specific legal provision involved. Because these rules can be technical, seek legal advice early so you do not lose the right to bring a claim.
Argentine courts protect the rights of children irrespective of the marriage status of their parents. Children born in a relationship declared null are generally considered legitimate and parental rights and obligations - custody, visitation, support - are decided based on the childs best interests. Annulment does not automatically change parental responsibility.
Effect on property depends on the nature of the assets and the property regime the parties were considered to have. Courts may order restitution, compensation, or equitable adjustments when one party acted to their detriment relying on the marriage. Spousal support or other obligations may be addressed by the court depending on the circumstances. Social security and pension consequences may require separate administrative procedures.
Duration varies widely depending on the court, the complexity of the facts, the volume of evidence, and whether the other party contests the claim. Some straightforward cases can be resolved in months, while contested cases with expert reports and multiple hearings may take longer. Interim orders for protection, custody, or maintenance can often be requested and obtained more quickly.
Evidence depends on the ground alleged. Common types include the marriage certificate and identity documents, witness statements, medical or psychiatric reports, police records in cases of coercion or violence, communications demonstrating fraud or deceit, and any records showing failure to follow formalities. A lawyer will help collect and present the correct documentary and testimonial proof.
If the marriage was celebrated abroad and is registered or recognized in Argentina, an annulment action may be brought in Argentina under certain conditions. Recognition issues can complicate jurisdiction and applicable rules. In cross-border cases, it is important to consult a lawyer with experience in international family law to determine where and how to proceed.
Public legal aid and pro bono services are available in many jurisdictions. You can contact the local Colegio de Abogados or the public defender office to ask about free or reduced-cost legal assistance. Family courts and civil registries can provide information on available resources. Local non-governmental organizations that assist victims of domestic violence or families may also provide legal referrals or support.
Useful local institutions and sources of help include:
- The local Registro del Estado Civil that holds marriage records and can explain registration procedures and how judgments are entered in the registry.
- The family or civil court with jurisdiction over where you or your spouse live - this is the forum that hears annulment claims.
- Provincial or municipal offices that provide free legal advice or public legal defense services for low-income persons.
- The Colegio de Abogados in your area - they can give referrals to accredited family law lawyers and often offer orientation services.
- Local social services and non-governmental organizations that assist families and survivors of domestic violence - they can help with safety planning and temporary shelter while legal action proceeds.
When seeking assistance, ask whether the resource provides legal orientation, representation, or only information, and whether there are costs involved.
If you think you have grounds for annulment, consider the following practical steps:
- Gather key documents: marriage certificate, national identity documents, birth certificates of children, any records or communications showing the circumstances that support annulment, and police or medical reports if relevant.
- Write a clear timeline of events - when the marriage took place, key incidents that support your claim, and when you discovered any vitiating facts.
- Contact a qualified family law lawyer as soon as possible for a case evaluation. If you cannot afford a private lawyer, contact your local public defender office or the Colegio de Abogados for referrals to legal aid or pro bono services.
- If you or your children are at risk, request urgent protective measures from the family or civil court and seek support from local social services or shelters.
- Avoid making unilateral legal assumptions - do not sign documents or agreements without legal advice, and preserve important evidence.
- Keep records of all communications and court papers, and follow your lawyer's guidance about hearings, evidence, and administrative steps needed to correct registry entries if annulment is granted.
Legal situations involving annulment can be emotionally and legally challenging. Early legal advice will help you understand the options, deadlines, and likely outcomes in your specific situation in Florida, Argentina.
