Costa Rican Annulment Considerations

Annulment and divorce are two ways of ending a marriage, important to understand what an annulment is as opposed to a divorce. An annulment is where one, or both, parties in the marriage declare that there were factors present at the time of marriage that prevented the marriage from being valid whereas, a divorce is a valid marriage that has broken down due to circumstances that arose after becoming married. In the eyes of the law having an annulment makes it as if the marriage never happened however, if you want to have your marriage annulled there are some conditions that the marriage must satisfy.

Conditions of Having an Annulment

In order for the courts to allow you to annul your marriage, the marriage must satisfy one or more of the following conditions:

• Decreased mental state: if either spouse is suffering from a condition that prevents him/her from understanding the marriage contract at the time of marriage then there may be grounds for an annulment. This is can include either spouse being under the influence of drugs or alcohol, being forced into marriage or being able to prove false intent, such as getting married as ‘a joke’.
• Physical Factors: a physical disability such as incurable impotence may be grounds for an annulment; where the couple are unable to consummate the marriage.
• Legal Issues: if there were legal issues that were hidden from one spouse the marriage may have been illegal and has to be annulled. Factors that may cause an ‘automatic annulment’ include situations where one spouse is underage, or was already married at the time of the marriage. Also is the marriage is incestuous it may be annulled. It is worth noting that in the case of one spouse being underage, if parental consent is obtained or if the couple remains married up to the point where the spouse in question becomes of legal age then the marriage will be valid.

Advantages and Disadvantages of Annulment

As with anything that is life changing, there are pros and cons, and an annulment is no different. One of the main advantages of an annulment is that legally it makes it as if the marriage never happened. This can also be useful religiously because in some religions there are complex stipulations for persons who are divorced to remarry. For this reason a lot of people prefer to get an annulment instead of divorce.

The problem with getting an annulment is that it can sometimes be very difficult to prove that there are grounds for one and according to Costa Rican law you only have a limited amount of time to make your claim. The other unsavory aspect of an annulment is the effect that it could have on children. It is one thing for them to understand their parent’s relationship has broken down, it is an additional burden for them to understand the their parent’s relationship was ‘fake’.

Any sort of family break-up is unpleasant but to avoid unnecessary heart ache it is worth seeking independent legal advice and acting as soon as possible.