If your marriage has been concluded unlawfully, for example, you have been forced to marry your partner, you can apply for the annulment of your marriage. In such a case, your marriage will be recognized as legally invalid from the day of its conclusion.
If you want your marriage to be annulled, you should submit an application to a court of general jurisdiction (civil court).
important If your marriage was concluded freely and lawfully, but you want to end your spousal relationship with your partner, you should request a divorce. Read more about how to file for divorce.
Time limits
As a general rule, according to Moldovan law, there is no specific time limit for claims related to family relationships. This is also the case of annulment of a marriage.
Application
In your application to the court you should:
- refer to the relevant legal provisions that entitle you to request the annulment of your marriage
example You were forced to marry under the influence of a threat or other form of coercion contrary to Article 11 of the Family Code.
- explain why your marriage was concluded unlawfully. In doing so you should describe all the circumstances that are important to prove your claim
- if necessary, indicate whether you and your spouse have agreed on the custody of your children, the access rights of the other parent, maintenance for the child and the division of joint property obtained before the nullity of marriage. The nullity of marriage does not affect the rights of children born in this wedlock.
- add relevant documents that substantiate your request, if there are any
You can learn more about the legal requirements for your application in the Civil Procedure Code and in the Family Code.
Read more about your rights in civil court proceedings.
Court’s decision
After examining your claim, the court will decide whether your marriage can be recognized as legally invalid.
Even if the court recognizes your marriage as legally invalid, it has to decide on other aspects related to your claim and other relationships that may have formed out of the annulled marriage, such as:
- custody of your child/children
- exercise of right to access to a child
- child maintenance
- division of property obtained before the nullity of marriage
- right to keep or change the marital surname