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Free Guide to Hiring a Family Lawyer
Annulment in La Plata refers to a civil action to declare that a marriage is null - in other words, that it never produced the legal effects of a valid marriage. In Argentina annulment is governed principally by the national Civil and Commercial Code, applied through the provincial courts. La Plata, as the capital of the Province of Buenos Aires, follows the procedures of the Departamento Judicial La Plata and the local Registro Civil for registration and annotations. Annulment is distinct from divorce - annulment seeks a declaration of nullity because of defects in consent, capacity or formal requirements, while divorce ends a valid marriage.
You should consider hiring a lawyer when you believe a marriage is void or annulable for legal reasons, or when the facts are contested. Common situations include:
- One spouse was already married to someone else at the time of the marriage - possible bigamy or prior valid marriage.
- One spouse lacked legal capacity - for example severe mental incapacity, or a minor who married without required authorization.
- Consent was vitiated - due to fraud, error or coercion at the time of marriage.
- Formal or procedural defects occurred when the marriage was celebrated - missing required witnesses, improper registration, or a civil formalities breach.
- The case involves complex consequences - property rights, inheritance, social security, or custody of children.
- Evidence is needed to prove the ground for nullity, or the other party opposes the claim.
A lawyer experienced in family and civil law will evaluate the facts, recommend whether to pursue annulment or another remedy, prepare and present the legal petition, gather and present evidence, request provisional measures when appropriate, and represent you in hearings.
Key aspects to understand about annulment law as applied in La Plata:
- Applicable law - National Civil and Commercial Code sets the substantive rules on marriage validity and nullity. Provincial courts of the Province of Buenos Aires handle procedures and enforcement.
- Types of nullity - There are marriages that are absolutely null - those that breach fundamental legal prohibitions such as bigamy or incest - and marriages that are relatively null or annulable - those affected by defects in consent or capacity which may be cured or ratified in some circumstances.
- Grounds for nullity - Typical grounds include lack of capacity, existing prior marriage, close kinship, serious defects in consent (fraud, error, duress), and failure of essential formalities. The precise application depends on the facts of each case.
- Time limits - Some annulment actions are subject to prescription or special deadlines, especially relative nullity claims. Absolute nullity claims may be treated differently. Time limits are technical and it is important to consult a lawyer promptly.
- Effects of annulment - If a court declares nullity, the marriage is treated as having been void from the start. This can affect marital property regimes, inheritance rights, and civil status. Argentine law protects the rights of children born of a void or annulled marriage - parentage and parental authority are treated to protect the child.
- Where to file - Annulment suits are brought before the appropriate civil or family court in the Departamento Judicial La Plata. The Registro Civil will annotate the marriage record following a judicial decision.
- Distinction from religious annulments - Religious authorities may issue their own annulment or declaration within their institution, but only a civil judicial decision affects civil status and civil rights in Argentina.
Annulment declares that a marriage was never legally valid - it is a declaration of nullity. Divorce dissolves a legally valid marriage from the date of the court decision or from the moment specified by law. Annulment can have retroactive effects on civil status and patrimonial situations, whereas divorce operates going forward from dissolution.
Common grounds include bigamy or a prior existing marriage, marriages between prohibited degrees of kinship, lack of legal capacity to consent (for example severe mental incapacity or required authorizations for minors), and consent vitiated by fraud, error or coercion. Serious defects in formal requirements can also lead to nullity.
Typically an interested party may file - this includes one of the spouses, close relatives in certain cases, or the public prosecutor when public order interests are involved. For relative nullity there may be specific rules about who has standing and time limits for filing. A lawyer can clarify whether you are an appropriate party to initiate the case.
Yes - some annulment actions, especially those based on defects of consent, are subject to specific deadlines or prescription rules. Absolute nullity claims based on fundamental legal prohibitions may be treated differently and in some cases are not subject to the same deadlines. Because deadlines vary with the ground alleged, consult a lawyer promptly if you believe annulment is possible.
First, consult a family law attorney to review the facts and documents. The lawyer will prepare a complaint - demanda - to be filed at the civil or family court with jurisdiction in La Plata. The complaint should set out the legal grounds and include supporting evidence. The court will then notify the other party and begin proceedings, which may include hearings, expert reports and witness testimony.
Argentine civil law prioritizes the protection of children. Children born during a marriage declared null are typically considered to have legitimate filiacion for purposes of parental authority, custody, maintenance and inheritance. Annulment does not automatically remove parental obligations. Specific measures about custody, visitation and child support remain subject to separate decisions by the family court.
Because annulment is retroactive, it can affect the patrimonial regime that applied between spouses. The court will resolve consequences such as division of assets acquired during the period and restitution where appropriate. Inheritance rights may be altered by a nullity ruling, but outcomes depend on the type of nullity and the legal and factual context. A lawyer can assess how property regimes, registrations and third party rights are affected.
Evidence depends on the ground claimed. Documents such as civil registry records, prior marriage certificates, birth records, medical or psychiatric reports, police reports, written communications, witness statements and expert opinions can be relevant. A lawyer will help collect, preserve and present the appropriate evidence for the claim.
Duration varies widely - from several months to years - depending on complexity, need for expert reports, whether the other party contests, and court workload. Costs depend on lawyer fees, court costs, expert fees and administrative expenses. If you have limited means, public legal aid and defensorias may be available to assist or represent you at reduced cost or free of charge.
No - a religious annulment granted by a church or religious body affects that religion's internal status but does not change civil status or civil rights in Argentina. To modify civil status and obtain legal effects, a civil annulment must be declared by a competent Argentine civil court.
When seeking practical help in La Plata you can contact or consult information from the following institutions and organizations:
- Registro Civil y Capacidad de las Personas - La Plata - for marriage certificates and civil registration records.
- Juzgados Civiles y de Familia del Departamento Judicial La Plata - for filing and court procedure information.
- Colegio de Abogados de La Plata - for lawyer referrals and professional directories.
- Defensoría General de la Provincia de Buenos Aires - for public defense and legal aid services.
- Dirección Provincial del Registro de las Personas - provincial authority for civil registration matters.
- Ministerio de Justicia y Derechos Humanos de la Nación - for general information on civil law and family law policy.
- Universidad Nacional de La Plata - Clínica Jurídica - legal clinics that may offer assistance or guidance.
- Oficina de Atención a la Víctima and social services - where issues of coercion or violence are involved, for protective measures and support.
If you think you need an annulment, follow these practical steps:
- Gather documents - obtain your marriage certificate from the Registro Civil, identity documents, birth certificates of any children, proof of prior marriages if applicable, and any documents that support your claim such as police reports, medical reports, messages or contracts.
- Schedule an initial consultation with a family law attorney in La Plata - look for lawyers with experience in annulment and family law, and ask about fee structures and possible public assistance options.
- Ask about urgent protective measures - if there is domestic violence, fraud, or risk to children or property, request that your lawyer seek urgent or provisional judicial measures while the main action proceeds.
- Consider legal aid - if you cannot afford a private lawyer, contact the Defensoría Pública or the Colegio de Abogados for pro bono or reduced-fee services and the university legal clinic for possible assistance.
- Prepare for the process - keep records of communications, secure original documents, and list potential witnesses. Be prepared for a process that may require expert reports and court appearances.
- Act promptly - because certain annulment claims may be subject to deadlines, consult a lawyer without delay to protect your rights and preserve evidence.
If you need help finding a lawyer or understanding next steps in your specific situation, contact a qualified family law attorney in La Plata to get personalized legal advice.
