The nullity of a marriage is a legal institution that allows a marriage to be declared null and void from the outset if there were serious legal obstacles to its conclusion. What are the grounds for such a procedure under Czech law and what is the difference between nullity and ecclesiastical annulment?
Under Czech law, a marriage can be declared void if there were serious legal impediments to its conclusion. These obstacles are specific circumstances that prevent the marriage from being valid and recognised by the legal order from the outset. The conditions for a declaration of nullity are laid down in the Civil Code and include the following grounds:
Each of these grounds must be proved before the court, which will decide on the nullity. It is therefore not enough to simply point out or prove such a fact, for example, at an office.
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A marriage of convenience is to be distinguished from an annulment of marriage. This is a similar situation but with a different legal approach and consequences. In the case of a void marriage, the marriage comes into existence and lasts until someone(the court) declares otherwise. Even in some cases, the obstacle to marriage (low age) may pass and the marriage becomes valid.
Apparent marriage is different in that it never comes into existence and does not produce any legal consequences. There are, in the eyes of the law, lacking in the expression of the will to enter into marriage or in the marriage ceremony or in connection with it such requisites as must be unconditionally insisted upon for the marriage to come into existence. Typically in this context, reference is made to a marriage “entered into” in the context of a theatrical performance or film shoot. However, under current legislation, this would include, for example, the marriage of two persons of the same sex, etc.
The annulment process in the Czech Republic is a judicial procedure aimed at retrospectively assessing the legal validity of a marriage. This procedure requires a petition to be filed with the court to assess whether there are grounds for nullity under the Civil Code. The court may declare the marriage null and void if serious legal obstacles were present at the time of its conclusion, such as bigamy, consanguinity, lack of capacity or coercion.
A petition for annulment may be filed by either spouse or by a person whose rights are affected by the marriage. In other words, a person who has a legal interest in the matter. This person may be, for example, a public authority.
Once the application has been filed, the court examines the grounds, reviews the evidence and decides whether the conditions for annulment are met. If the court decides that the marriage is void, this has a retroactive effect – the marriage is deemed to be non-existent from the beginning. The legal consequences are then different, for example in the division of property or child custody, an invalid marriage is treated in a similar way to a valid marriage.
An annulment of a marriage in ecclesiastical law differs significantly from an annulment of a marriage under state law. Whereas a judicially determined nullity under the civil code means that the marriage never legally existed due to certain defects or legal impediments, an annulment in church law is a process whereby a church authority determines that the marriage was not validly entered into according to religious rules and principles.
Unlike civil law, ecclesiastical law considers marriage not only from a legal point of view but also from a spiritual point of view. Reasons for annulment include, for example, fraud in the marriage, coercion, psychological incapacity to fulfil marital obligations or unwillingness to accept children. Ecclesiastical annulment does not mean divorce – this is not recognised by Church law, which considers marriage to be a sacrament and a permanent union. By annulment, the marriage is declared to be non-existent in the eyes of the Church, allowing a new ecclesiastical marriage to take place.
An annulment in church law, however, has no direct legal effect at the state level unless the state recognizes the outcome of the church proceedings. In the Czech Republic, annulled church marriages are subject to civil law, and if the spouses seek annulment or dissolution of the marriage even before the state, they must go through divorce proceedings. This ensures that both partners have all the rights and obligations provided for by civil law.
Thus, an ecclesiastical annulment is valid only within the church and has no direct effect on state law unless the state explicitly recognizes the outcome of the ecclesiastical proceedings.
Example from legal practice
Ms. Catherine and Mr. Milan met during a work conference and after a brief relationship decided to marry. Soon after the wedding, however, Kateřina found out that Milan had been married to a foreign woman before and, although they had applied for a divorce abroad and certain proceedings had taken place, the divorce was not recognised and valid under Czech law. Kateřina contacted a lawyer for legal assistance. We explained to her that from a legal point of view their marriage was invalid because there was a major legal obstacle to its conclusion – Milan’s previous marriage, which was still ongoing.
The court eventually ruled that the marriage between Catherine and Milan was void from the outset.
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Even if the marriage never legally existed, the de facto cohabitation and the assets acquired during the marriage are taken into account. Parental rights and obligations towards the children remain unchanged – children born in an invalid marriage are considered children of both parents and are subject to the same rights as children of a valid marriage.
In addition to property and parental rights, the nullity of the marriage may also affect social security rights, inheritance rights or maintenance obligations. For one or both spouses, an annulment may mean a change in their legal status, which may be reflected in various areas, such as entitlement to a widow’s or widower’s pension.
Under Czech law, a marriage can be declared void if there were serious legal obstacles to its conclusion, such as bigamy, close relationship, lack of capacity or coercion. An invalid marriage is legally considered to be non-existent from the outset, which has major consequences for property relations, parental rights and other legal areas.
Unlike an annulment, an apparent marriage is never legally contracted and does not produce any legal consequences. The specific process of annulment is judicial and requires a review of the evidence and legal circumstances.
Annulment of marriage in ecclesiastical law is of a different nature and addresses issues of the spiritual view of the marriage union. The nullity of a marriage and its legal consequences is illustrated by an example where a marriage was declared void because of the existence of a previous legally valid marriage of one of the partners.
We will prepare a premarital agreement tailored to your situation. We can prepare a similar agreement for you during the marriage and reduce the community property. All within five working days and at a predetermined price.
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