The last three decades or so have brought on a significant increase in the number of divorce cases in Costa Rica. Similarly, there has also been a rise in the number of marriages that have ended in annulment. There are important differences between the two.
Divorce and annulment both end a marriage, but in very different ways. Divorce is the termination of a marriage due to a number of possible reasons, like adultery, criminal activities, domestic violence, or even because the couple simply doesn't want to be married to each other anymore. Annulment, on the other hand, is declaring that the marriage was never valid from the beginning; hence the marriage never really happened.
The Costa Rican Family Code is quite strict when it comes to the dissolution of a marriage. Costa Rica has quite conservative views on marriage and would like to preserve the union as much as possible. However, there are a number of allowable grounds under which a person can file for annulment of his or her marriage. Grounds fall into three main categories, based on a spouse's mental condition, physical condition, or legal issues. Also, the process must be started within the first month of the marriage.
If it can be proven that one spouse was not of sound mind at the time of the marriage, or did not have the full capability to understand the terms of the marriage contract, then it is possible for the marriage to be declared null and void. Mental incapacity does not necessarily mean mental illness, although that is included as a valid reason. If the person's mental state is impaired then he or she can't give valid consent to the marriage.
If one of the spouses was drunk or using drugs then their mental capacity is impaired and they are not able to understand or agree to the marriage contract.
If either person was forced to marry the other person, then this is grounds for annulment. The coercion can be either physical or mental. This could be physical threats against the person to force them to marry or it can be bribery where they are paid to marry.
If one of the spouses turns out to have a physical problem that keeps him or her from performing their matrimonial duties or that prevent the consummation of the marriage, an annulment can proceed. Some examples of these problems are impotency or any disability that is a hindrance to their spousal duties.
This is the case such as someone saying "I do" as a joke or on a dare. They did not intend to marry and did not think that it was a legal marriage, thinking that it was just a prank or joke. This is also true of performances where a fake marriage is performed for artistic reasons.
Some legal factors make it illegal for people to marry, and are grounds for annulment. It is illegal to marry when someone is already married to someone else at the time of marriage. Also, when a person is underage and does not have parental consent or court approval to get married. You cannot marry if the marriage is incestuous, including siblings, parents, children, grandparents, grandchildren, uncles, aunts, nephews, nieces, and half-siblings.
Keeping a few secrets between married couples is perfectly fine but if a spouse keeps secrets that are of a magnitude that will greatly affect the life of the other person, this can be grounds for annulment. For example, if they did not disclose prior to the marriage that they have children, or that they have huge debts, or that they might have a different sexual orientation, then these are certainly valid reasons for their partner to file for annulment.
Unless the couple has made the decision prior to the marriage that they did not want to have children, it is understood, especially with the traditional view of marriage that the married couple is to procreate and raise children together. If one of the spouses refuses to have children, the other spouse can leave them by filing for an annulment.
Unlike divorce cases where you go to a lawyer to file a case in a court of law, it is similar when it comes to filing for an annulment. The process begins when either of the spouses goes to a lawyer to start the process. The facts have to fit one of the allowable reasons to grant a divorce. Also, there must be proof of the reason for the annulment and witnesses to state the facts to the court.
Here at Costa Rica Divorce, we will take a close look at your circumstances and help you decide the best course of legal action to take as a solution to your problems. Our attorneys are highly held experts in Costa Rican Family Law and we can help you figure out whether an annulment is indeed the best move, or if there is a better alternative that you should consider.
To terminate a marriage, you can either choose divorce or annulment. A lot of couples in Costa Rica go for divorce because it is the easier route and many times annulment is not available. However, there are certain points in which annulment might be the better course of action.
An annulment means that legally the act of marriage never took place and your marital status becomes single instead of divorced. This is important in some countries that do not allow divorce.
On the downside, proving the grounds for an annulment can be quite difficult, since it can be difficult to have enough proof or having witnesses to the facts. There is also a specific period to one month after the marriage during which one can file for an annulment. Once this period is over, you can no longer file a case.
If you are a Catholic and are open to the idea of marrying again sometime in the future you will need to have an annulment if you want to have your subsequent marriage in the Catholic Church. The Church does not allow the marriage of people who were previously divorced.
If you are unsure of whether or not an annulment is a right move, call us and we will help you figure it out. There is no sense in taking on the emotionally draining process on your own, when our highly qualified lawyers are just here to give you all the legal assistance you need. Let us handle the technicalities and legalities so that you can focus on opening the new chapter of your life with a fresh start.
Feel free to get in touch with any enquiries, and one of our friendly members of staff will get back to you as soon as possible. We are here to help !