Best Annulment Lawyers in Kaohsiung City

About Annulment Law in Kaohsiung City, Taiwan

In Kaohsiung City, Taiwan, an annulment refers to a legal procedure that declares a marriage null and void as if it never existed. The grounds for annulment and the process are governed by the Civil Code of Taiwan. Unlike divorce, which ends a legally valid marriage, an annulment asserts that the marriage was never legally valid to begin with. This could be due to reasons such as fraud, duress, or incapacity to consent at the time of the marriage.

Why You May Need a Lawyer

Annulment cases can be legally complex and emotionally taxing. A lawyer's assistance may be crucial in scenarios where: - There is a need to establish grounds for annulment. - One party contests the annulment. - There are substantive divisions of property or custody considerations. - Proper documentation and timely filing are necessary. - You require representation in court hearings or mediation.

Local Laws Overview

Understanding local laws is critical when seeking an annulment in Kaohsiung City. Key aspects include: - Grounds for Annulment: Fraud, duress, mental incapacity, impotence, consanguinity (close blood relationship), bigamy, and under-aged marriages without proper consent. - Statute of Limitations: Specific time limits apply from when the grounds for annulment were discovered. - Child Custody and Support: Despite an annulment, issues of child custody, support, and visitation must still be addressed. - Property Division: While the marriage is considered void, the court may still need to adjudicate property and debt division.

Frequently Asked Questions

1. What is the difference between annulment and divorce?

An annulment declares a marriage null and void as if it never occurred, while a divorce ends a legally valid marriage.

2. What are the common grounds for securing an annulment?

Common grounds include fraud, duress, mental incapacity, impotence, consanguinity, bigamy, and under-aged marriages without proper consent.

3. How long do I have to file for an annulment?

The statute of limitations varies depending on the grounds but typically starts from the time the issue is discovered.

4. Can I get an annulment if my spouse disagrees?

Yes, but the process may be more complex and require legal representation to present and defend your case in court.

5. Will an annulment affect child custody or support?

No, child custody and support are separate issues that will still need to be resolved regardless of the annulment.

6. What happens to our property if the marriage is annulled?

The court may still need to adjudicate property and debt division based on the specifics of your situation.

7. Do I need to appear in court for an annulment?

You may need to attend court hearings, especially if the annulment is contested, or if complex issues need to be resolved.

8. Can an annulment be granted based on mutual consent?

Both parties agreeing to an annulment can simplify the process, but mutual consent alone isn't grounds for annulment; valid legal grounds must still exist.

9. How long does the annulment process take?

The duration varies based on factors like case complexity, court schedules, and whether the annulment is contested.

10. Is there a difference in the annulment process for different religions?

The legal process for annulment under civil law is uniform, but religious annulments are separate and governed by respective religious authorities.

Additional Resources

Here are some resources that can assist you: - Civil Affairs Office, Kaohsiung City Government - Taiwan Ministry of Justice - Taiwan Bar Association - Family Courts in Kaohsiung City - Legal Aid Foundation

Next Steps

If you need legal assistance with an annulment in Kaohsiung City: 1. Consult a qualified family law attorney with experience in annulment cases. 2. Gather all relevant documentation, including marriage certificates, evidence supporting grounds for annulment, and any pertinent financial records. 3. File your petition for annulment in accordance with the rules and guidelines. 4. Attend any required court hearings and follow your lawyer's advice throughout the process.