How to obtain an - annulment?

Answers to your qestions about moving to, and living in, Peru,
woodchuck
Gold Member
Gold Member
Posts: 569
Joined: Wed Mar 09, 2016 1:43 pm

How to obtain an - annulment?

Postby woodchuck » Tue Sep 06, 2016 2:01 pm

W/O going into a lot of details; a friend of mine wants an annulment.
On the day of the weeding, he was nervous & feeling ill.
The marriage was never - consummated; it was a civil ceremony - no church/no priest.
He has already lost a lot of $ by giving his credit card to his fiance/wife.
Any recommendation for an attorney that specializes in annulments? Thanks. :roll:


Alpineprince
Gold Member
Gold Member
Posts: 1457
Joined: Mon Nov 03, 2008 8:12 pm
Location: "Miraflores State of Mind"

Re: How to obtain an - annulment?

Postby Alpineprince » Tue Sep 06, 2016 4:55 pm

I think you want a divorce? I always thought that only the Catholic Church grants annulments. If that is the case then he should probably use your divorce lawyer, if you are happy with him/her.
User avatar
bigdaddy
Gold Member
Gold Member
Posts: 173
Joined: Mon Aug 08, 2016 10:44 am

Re: How to obtain an - annulment?

Postby bigdaddy » Wed Sep 07, 2016 9:17 am

The civil ceremony is the LEGAL one, the church weddings are simply symbolic - a dog and pony show so your friend's marriage was consummated.  
Perhaps your friend could prove he was coerced into the marriage? 
You said he was nervous and feeling ill. 
Perhaps your friend was drugged beforehand and clearly not in his right mind to make a sound, lucid decision?
Certainly, giving his fiance/wife his credit card and him in turn losing lots of $ proves your friend wasn't thinking in the correct frame of mind.
If his potential future divorce attorney could prove this, then your friend might have more leverage in regards to a financial settlement.
Large and in charge!
ironchefchris
Gold Member
Gold Member
Posts: 1642
Joined: Sun Oct 14, 2012 11:10 pm
Location: Arequipa

Re: How to obtain an - annulment?

Postby ironchefchris » Wed Sep 07, 2016 10:06 am

Is something as incredibly common as being nervous on one's wedding day grounds for annulment? I don't think that would even qualify as grounds for divorce. Even if so, how does someone prove they were nervous on a day that was at least a minimum of two years ago (considering the mandatory time of separation)? An interesting legal strategy for sure. Best of luck to the guy.
woodchuck
Gold Member
Gold Member
Posts: 569
Joined: Wed Mar 09, 2016 1:43 pm

Re: How to obtain an - annulment?

Postby woodchuck » Wed Sep 07, 2016 11:54 am

Thanks to everyone; but still need professional advice for my friend.
Maybe a nice donation to the Catholic Church would help the situation.
This woman thought she had the "Goose that lays golden eggs"; but she ate the goose for dinner!
There may be a few worse expat situations; but this one had consequences of over $14,000 in less than 12 hours! :lol:
ironchefchris
Gold Member
Gold Member
Posts: 1642
Joined: Sun Oct 14, 2012 11:10 pm
Location: Arequipa

Re: How to obtain an - annulment?

Postby ironchefchris » Wed Sep 07, 2016 12:17 pm

$14k in less than 12 hours and he didn't ever get to consummate the marriage? Ouch! She saw him coming a mile away. Glad to hear he's at least out of the relationship. Hope he takes his time before jumping back in the relationship game and is a lot more cautious.

I'm sure they'd take his donation if your friend wanted to lose even more money, but if there was only a civil ceremony and no church/no priest, what would a donation/bribe to the Catholic Church do to help the situation? He'd see better results making that bribe/donation to the pocket of a government official.
Lloyd007
Gold Member
Gold Member
Posts: 515
Joined: Wed Oct 20, 2010 11:24 am

Re: How to obtain an - annulment?

Postby Lloyd007 » Wed Sep 07, 2016 3:51 pm

If your marriage is registered correctly, chances of an annulment are slim, at best. A messy process procedes.
If your Spanish is good, you can read the article on the right column of this page: http://www.divorcioperu.com/anulacion.php
If you need a good lawyer for a divorce, let me know (I am in the process of, but for different reasons!)

If not, here's a rough Google translation, below. However, you have to PROVE everything and there will be an investigation. If your partner is not cooperative, you may be in for a lonnnnnng process.

.................

Church Court may grant an annulment after a thorough investigation of the reasons presented by the plaintiff (the filing the petition). During the investigation, the court communicates with both parties to hear their arguments. Among the reasons that may lead to the annulment:

Lack of canonical procedure if one party is Catholic and needs to be married in the presence of a priest, deacon or bishop.

The existence of an impediment that can not be dispensed. (Eg marriage between siblings).

The presence of an intention contrary to the marriage at the time of the wedding.

The presence of a psychological factor that one or both has been prevented from making a commitment in conscience.

The inability to assume the primary responsibilities of marriage.

The use of force or deception to carry one or both marriage.

The court decides cases based generally in the diocese where the plaintiff lives.
User avatar
gringolandia
Gold Member
Gold Member
Posts: 308
Joined: Mon Jan 07, 2013 5:34 pm

Re: How to obtain an - annulment?

Postby gringolandia » Wed Sep 07, 2016 10:17 pm

I'm not Catholic so I could perhaps be wrong, but if a wedding is not done with the consent of the Catholic church (ie, with a priest) I don't think it even counts as a real marriage as far as the Church is concerned. No Church / no priest = no Catholic marriage. So I don't think an annulment of something that never occurred (as far as the Catholic Church is concerned) is required.

To grab a quote from Google:

The Church has certain rules about how the marriage takes place (Code of Canon Law #1108-1123). These rules are meant to ensure with certainty that a valid marriage actually took place. Basically, a valid marriage must be witnessed by an authorized representative of the Church (usually a priest or deacon) and two other witnesses. It also must follow the Rite of Marriage, the book containing the words and actions that make up the wedding liturgy. Under special circumstances, your pastor can ask your bishop to dispense with the requirement to celebrate the wedding according to the Rite of Marriage. This is most commonly the case when Catholics marry someone who is not Catholic and choose a wedding ceremony from the religious practice of the person who is not Catholic.


As far as the actual civil divorce is concerned: he needs a lawyer.

Return to “Expat Information”

Login  •  Register