Marriage Annulment in Chile
Annulment declares a marriage invalid from the start. It is rare, has strict grounds, and is not a substitute for divorce.
Annulment versus divorce
Divorce ends a valid marriage. Annulment (nulidad de matrimonio) declares that the marriage was never valid because of a defect that existed on the wedding day. In Chile, only a civil court judgment changes civil status. A religious annulment has no effect on a civil marriage, and a civil annulment has no effect on the church.
The grounds are set by Ley 19.947 on civil marriage, article 44 and following. They fall into three families: legal incapacities, such as being under the minimum age, a prior undissolved marriage or close kinship; defects of consent, such as force, fear or error about the identity of the spouse; and formal defects in the ceremony. The case is heard by the Family Court. Because annulment is rarely the easiest route, we always compare it with divorce before recommending a filing.
What we handle
Prior marriage and bigamy
Annulment where one spouse was still married when the second marriage was celebrated.
Defective consent
Cases of coercion, fear or serious error about the person, which require careful proof.
Formal defects
Challenges based on defects in the wedding, such as the lack of valid witnesses or false identity documents.
Putative marriage
Protecting a spouse who married in good faith, who can keep civil effects of the marriage until the good faith ends.
Consequences
Handling children, support, compensation and the property community that follows an annulment.
Who can file and by when
Either spouse may usually bring the action, and in some situations other people with an interest can too. For many grounds, the action does not expire. For others, the law sets short periods: for example, a defect of consent is subject to a limited time counted from when the problem ended, and formal defects to a short period from the wedding.
Because deadlines depend on the ground, we identify the exact basis for the claim before anything else. If time has run on one ground, another may still be open. We also look at whether the wedding took place in Chile or abroad, because that affects which documents and which law we analyze first.
What happens after the judgment
An annulment is retroactive in principle: the spouses return to their prior civil status. The law, however, protects children, who keep the status they had, and protects a spouse who acted in good faith through the rules on putative marriage. Compensation between spouses can also be claimed, as in divorce.
The judgment must be recorded in the Registro Civil. For foreign marriages, the starting point is whether the marriage was valid under the law of the place where it was celebrated. If a foreign court has annulled a marriage, recognition in Chile is a separate procedure before the Supreme Court.
Pursuing an annulment from another country
Ground and deadline
We identify the legal ground and check the time limit first. If annulment is not available, we explain divorce.
Mandate
A power of attorney at a Chilean consulate or apostilled abroad lets us act. Witnesses may be heard remotely, as the court allows.
Judgment and registry
We handle the case through to the Registro Civil entry and send you the certified documents.
Marriage Annulment — common questions
What English-speaking clients ask us most about this specific service.
What is the difference between annulment and divorce in Chile?
My spouse was already married when we wed. Can I annul?
Does a Church annulment end my civil marriage in Chile?
What happens to our children after an annulment?
Can we divorce instead if the ground is not clear?
Talk to a Chilean lawyer about a marriage annulment
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