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Costa Rica divorce

Annulment

divorce

Our Law Firm of Melendez & Bonilla is today one of the best in Costa Rica on legal issues pertaining to the Family Law. We have years of experience with a variety of clients and a great success rate. You are sure to receive expert counsel on matters relating to annulment, divorce, and separation from our team of legal experts.

Divorce and annulment are ways to end a marriage. However, there are certain legal differences between the two. A divorce is when a couple separates after a legal marriage has taken place. An annulment is effected when one, or both partners, state that the marriage was not valid in the first place because of certain factors at the time of it taking place. Divorce is when a couple separate because they are unable to continue the relationship due to various factors. An annulment is viewed in legal terms as a status where the marriage never took place.

The Costa Rica Family Law is strict about all domestic matters. Annulment of marriage is allowed only in certain cases like:

  • Mental state: If one of the partners were not in a mental position to full understand the marriage contract at the time of the marriage then annulment could follow. There could be several factors responsible for this including addiction, forcible marriage, false intent, etc.
  • Physical issues: Physical problems like disability, impotence, mental issues that prevent a partner from consummating a marriage could be grounds of annulment.
  • Legal issues: Any legal issues that impact the life of the other partner and were hidden at the time of marriage are grounds for annulment. These factors could include a previous marriage that was kept secret, an underage issue, factors of incest etc.

However, it might not be of advantage to consider annulment without discussing your case with expert lawyers. Our team would be able to guide you whether annulment is the correct legal course to take in your individual case.

Annulment does have an advantage on religious grounds as the marriage is viewed to have not taken place at all. Some religions have complex rules about re-marriage. This could also work in cases where a woman would like to marry early as divorced woman are required to wait for 300 days in Costa Rica before re-marrying. However, it is not always possible to easily prove valid grounds for annulment of a marriage. Also, in Costa Rica, the claim of annulment is possible only within a stipulated time after the marriage has taken place.

Costa Rica courts also consider the factor about whether a couple going for annulment has children or not. The Costa Rica Family Law is favorable towards women. The impact of annulment is far greater on children than that of a divorce. However, individual situations vary.

Separation is an emotionally draining process. It is best that you let expert lawyers help you handle the legal aspect of it while you focus on the process of healing.

Call us today and speak to one of our experts at the Law Firm of Melendez & Bonilla. You would get the best counsel on the subject of annulment.