Invalidity of marriage

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QUESTION

Hello, may I please ask if I, as a son, have the right to file a petition stating that my parents’ marriage was invalid?

ANSWER:

Hello, thank you for your message. In the first place, we allow ourselves to state to you when a marriage is invalid. According to §14 of the Family Act (hereinafter only “ZR”):

‘(1) Marriage is invalid if the declaration of entering into marriage was not made freely, seriously, definitely, and intelligibly.

(2) Regarding the fact that the marriage is invalid according to paragraph 1, the court shall decide upon the motion of either spouse.

(3) The right of a spouse to submit a motion for the commencement of proceedings on the invalidity of marriage according to paragraph 1 shall expire by the passing of one year from the day when they learned about the reasons for the invalidity of the marriage according to paragraph 1.’

In connection to the above-mentioned paragraph 2 of section §14 ZR, we allow ourselves to state to you that the right to submit a motion for the commencement of proceedings belongs to either spouse. Therefore, the proceedings can never begin upon the motion of a third person (different from the spouses) and such a motion could not even be assessed as a suggestion and begin proceedings for the declaration as invalid by a resolution. Without the motion of one of the spouses, the court cannot act in this matter.

In case of any questions, do not hesitate to contact us at our e-mail address recepcia@akmv.sk or by telephone at the number +421 915 046 749.

JUDr. Veronika Michalíková, MBA