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Free Guide to Hiring a Family Lawyer
An annulment - legally called a declaration of nullity or nullity of marriage - is a court decision that a marriage was invalid from the start. In Belgium, civil marriage is the legally binding form of marriage, and annulment procedures are handled under Belgian family and civil law. If a court grants nullity, the marriage is treated as if it never existed in law. Saint-Nicolas falls within a Belgian judicial arrondissement, so annulment cases there follow the same national rules as elsewhere in Belgium while being heard by the local Family Court at the relevant judicial division.
Annulment cases can raise complex factual and legal issues - finding a lawyer is often advisable. Common situations where you may need legal help include:
- You believe consent was absent because of error, fraud, duress, or mental incapacity and you need to prove it.
- There are questions about bigamy, prohibited degrees of kinship, or a previously existing marriage.
- The marriage may be void due to a lack of required formalities or the official who performed the ceremony lacked jurisdiction.
- You want to protect your rights and those of any children while the case is pending - for example custody, maintenance, residence and property issues.
- You need guidance on procedural steps, evidence gathering, deadlines and possible consequences for property, social security and nationality.
Key points about annulment law that are particularly relevant if you live in Saint-Nicolas - and Belgium in general - include:
- Governing law: Marriage and nullity are primarily governed by Belgian Civil Code and national family law rules. Courts in the judicial arrondissement that includes Saint-Nicolas apply those national rules.
- Grounds for nullity: Typical grounds include lack of consent (error, fraud, violence or duress), absence of legal capacity, bigamy, incest - and defects in formalities (for example, the required civil ceremony was not properly performed). Whether a ground leads to an annulment depends on the specific facts and proof.
- Who can bring an action: A spouse may ask a court to declare the marriage null. In some cases the public prosecutor (Procureur du Roi) may intervene. Third parties rarely bring such actions, except where law expressly permits.
- Effects of nullity: If a court grants nullity the marriage is declared void ab initio - that is, treated as not having existed. The court also settles consequences - parental authority, status of children, property relations and support. Belgian law protects children born into a marriage that is later annulled - parental rights and the child s legal status are generally preserved.
- Interim measures: While nullity proceedings are ongoing you can ask the Family Court for provisional measures - for example temporary custody, protection orders or maintenance - to protect your interests and those of children.
- Procedure and forum: Nullity actions are brought in the Family Court or the competent chamber of the Tribunal de première instance in the relevant judicial arrondissement. Procedural rules, evidence standards and timing vary - legal representation is recommended for navigation.
- Legal aid and costs: Belgium offers legal aid for eligible persons - this can cover part or all of legal costs depending on income and household situation. Court fees and lawyer fees vary by case.
Divorce ends a legally valid marriage from the time the divorce is granted forward. Annulment declares that the marriage was invalid from the beginning - it is treated as never having existed under the law. Consequences for property and status can differ, and the legal routes are not the same.
Common grounds include lack of real consent due to error, fraud or duress; lack of legal capacity to marry; bigamy or an existing prior marriage; prohibited degree of kinship between the spouses; and serious procedural or formal defects in the marriage ceremony.
No - simple regret, incompatibility or the desire not to be married are not grounds for annulment. Annulment requires specific legal defects such as absence of consent, deception, incapacity or formal invalidity.
Typically one of the spouses may start annulment proceedings. The public prosecutor may also intervene in certain cases affecting public order. Third parties generally cannot initiate an annulment unless the law allows it in special circumstances.
There is no fixed duration - some cases are resolved in months, others take longer depending on complexity, evidence, court backlog and whether provisional measures are needed. Cases that involve contested facts, expert evidence or international elements may take significantly longer.
Belgian law protects children. The court will decide on parental authority, custody and maintenance. Children born into a marriage that is later annulled generally keep their legal status and rights; annulment does not automatically cut off parental rights or legitimacy.
The court will address consequences for property relations - including matrimonial property regimes and assets acquired during the period treated as a marriage. The result depends on the facts, any applicable matrimonial regime and whether third parties were affected. A lawyer can help protect your financial interests.
Yes - if required civil formalities were not followed or the authority that purported to celebrate the marriage lacked jurisdiction, that may be a ground for nullity. Proof of the formal defect is necessary.
Yes - evidence is critical. Witness statements, documents, official records, medical or psychological reports, communications showing coercion or deception, and proof of prior marriages or kinship can all be important to establish a ground for nullity.
Belgium provides legal aid for people who meet income and resource criteria - this can cover legal advice and representation in court partly or fully. Contact the local bar association or the legal aid office in the judicial arrondissement that includes Saint-Nicolas for information on eligibility and how to apply.
If you need official records, contact the civil status service of the Saint-Nicolas municipal administration - they can provide copies of marriage and birth certificates and related documents.
For court procedures, the Family Court or the Tribunal de première instance in the judicial arrondissement covering Saint-Nicolas handles annulment cases. The Procureur du Roi - local public prosecutor - may be involved in certain nullity matters.
For legal representation or advice, contact the local bar - Barreau de Liège or the francophone bar association that serves your area. They can provide lists of family law specialists and information on legal aid - aide juridique.
For general national information on legal aid and family law procedures, consult the Belgian Federal Public Service for Justice or the services provided by your regional bar - they can explain practical steps and eligibility for free or reduced-cost representation.
If you need social support during the process, your local Public Centre for Social Welfare - CPAS - can advise on social services, counselling and immediate needs such as housing or emergency financial help.
1. Collect documents - obtain certified copies of your marriage certificate, birth certificates, identity documents, any prior marriage records, and any evidence related to the reason you believe the marriage is void (correspondence, medical reports, witness names).
2. Get an initial consultation - contact a family law lawyer in the judicial arrondissement that covers Saint-Nicolas. If you cannot afford a lawyer, ask about legal aid - the bar association can explain how to apply.
3. Consider provisional measures - if you need urgent orders about custody, maintenance, or protection, ask your lawyer to request interim relief from the Family Court while nullity proceedings are pending.
4. File the action - with your lawyer s help, start the nullity action at the competent Family Court. The lawyer will prepare pleadings, gather evidence and represent you in hearings.
5. Prepare for outcomes - discuss with your lawyer the possible consequences for property, social security, nationality and children's status, and plan next steps depending on whether the court grants nullity, rejects it or orders mediation.
6. Seek support - annulment proceedings can be emotionally and practically difficult. Use local social services, counselling and family support resources to help manage the process.
If you are unsure where to start, visit the municipal civil status service in Saint-Nicolas to get official documents, then contact the local bar for a list of qualified family law lawyers and information on legal aid.
