Many people confuse annulment of marriage with divorce. These are two entirely different legal institutions – they differ in their grounds, consequences and who may seek them. Put simply: divorce dissolves a marriage that was valid, while annulment establishes that the marriage should never have come into existence in the first place.

The Fundamental Difference

Divorce ends a marriage going forward – from the moment the judgment becomes final. The marriage was valid, it existed and it produced legal effects – and it is brought to an end.

Annulment works differently – the court establishes that the marriage was contracted in breach of the law. In theory it is treated as if it never existed from the outset. In practice, however – in order to protect the parties and any children – the law provides for a range of consequences similar to those produced by divorce.

Polish law provides a closed list of grounds for annulment. This means that annulment is possible only on grounds expressly set out in the legislation – a marriage cannot be annulled on account of infidelity, a breakdown of affection or marital conflict. Those are grounds for divorce, not annulment.

Grounds for Annulment

Age. A marriage may be annulled where at the time it was contracted the man had not reached the age of 18, or the woman had not reached 16, or she contracted the marriage between the ages of 16 and 18 without the required court permission. Either spouse may seek annulment. However, annulment is not possible where the spouse reached the required age before the claim was brought. A husband may not seek annulment on age grounds if his wife has become pregnant.

Total incapacitation. A marriage contracted by a person who has been totally incapacitated may be annulled. Either spouse may seek annulment – but not where the incapacitation has been lifted.

Mental illness or intellectual disability. A marriage contracted by a person affected by mental illness or intellectual disability may be annulled. An exception applies where the person’s state of health does not threaten the marriage or the health of future children and the court granted permission for the marriage. Annulment on this ground is not possible after the mental illness has ceased.

Bigamy. A person who is already married cannot contract another marriage. Annulment may be sought by anyone with a legal interest – including the prosecutor. Annulment is not possible, however, where the previous marriage has ended or been annulled – unless it ended through the death of the bigamist themselves.

Kinship and affinity. Marriage may not be contracted between relatives in the direct line, siblings or relatives by marriage in the direct line. For important reasons the court may, however, permit marriage between relatives by marriage.

Adoption. An adopter and an adoptee may not marry each other. Annulment is not possible, however, where the adoptive relationship has ended.

Defects in the declaration of intent. A marriage may be annulled where the declaration of intent was made by a person in a state that excluded conscious expression of will, under a mistake as to the other party’s identity, or under the influence of an unlawful threat. Only the spouse who made the defective declaration may seek annulment – within six months of the defect ceasing but no later than three years from the date the marriage was contracted.

Marriage by proxy. Where a marriage was contracted through a proxy without the required court permission, or where the power of attorney was invalid or effectively revoked, the principal may seek annulment. This is not possible where the spouses have established a shared life together.

When Annulment Is Not Possible

As a general rule, a marriage cannot be annulled after it has ended – that is, after the death of one of the spouses or after a divorce judgment. Two exceptions apply: kinship and bigamy – in these cases annulment remains possible even after the marriage has ended.

The Consequences of Annulment – What Happens After the Judgment

Bad faith. When pronouncing an annulment the court also determines whether and which of the spouses contracted the marriage in bad faith – meaning they knew at the time of the wedding of the defect justifying annulment. A spouse in bad faith is treated in the same way as a spouse found at fault for the breakdown of the marriage in divorce proceedings – with all the financial consequences that entails.

Children. Children born or conceived during an annulled marriage have the same status as children of a valid marriage. The annulment does not affect their rights – maintenance, parental authority and inheritance remain unchanged.

Financial relations. The consequences of annulment in respect of the financial relations between the spouses are governed by the corresponding provisions on divorce – including those on division of matrimonial assets.

The prosecutor. The prosecutor may also bring an annulment claim – independently of the wishes of the spouses themselves.

Annulment and Church Declaration of Nullity

These are two entirely separate matters. Civil annulment is decided by a civil court. A church declaration of nullity is a procedure before an ecclesiastical tribunal – it concerns the sacrament of marriage only and has no civil law effect. One does not substitute for the other.

When Annulment Is Worth Considering Instead of Divorce

In practice annulment is used far less frequently than divorce – its grounds are strictly defined and more difficult to establish. It is worth considering where the marriage was contracted under a mistake as to the partner’s identity or under duress, where one spouse was incapable of consciously expressing their will at the time of the wedding, or where bigamy or another absolute impediment to marriage exists.

Do you need help with an annulment or divorce matter? Call: +48 531 335 713 or write to kancelaria@prawnikodrozwodu.pl

This article provides general legal information and does not replace individual legal advice in a specific case. Every family law matter requires analysis of the specific circumstances and documents. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For legal advice tailored to your situation, please contact our law firm.

We invite you to contact the Family Law Practice: Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca prawny Joanna Jędrzejewska ul. Mickiewicza 18a/3, 60-834 Poznań | tel. +48 531 335 713 | kancelaria@prawnikodrozwodu.pl | www.prawnikodrozwodu.pl