Annulments

Although M P Lutge Incorporated is Durban based, we are able to attend to your annulment throughout the country.

“Annulment” declares a marriage null and void, the effect of an annulment is that the marriage is dissolved as if it never came into being.

Annulment Types

There are two types of marriages that can be declared annulled i.e. Void Marriages and Voidable Marriages.

A Marriage is void and thus capable of annulment if:

  • It is solemnised by someone who is not a competent marriage officer.
  • It is between a Girl under 15, boy under 18 and the consent of the Minister of Home Affairs was not obtained.
  • No witnesses were present at the marriage
  • One of the party’s to the marriage is already married to someone else.
  • The parties to the marriage are related within prohibited degrees.
  • One of party’s has not reached puberty.
  • One of the party’s to the marriage was insane at the time of the marriage.

A marriage is voidable if:

  • If one of the parties to the marriage was a minor at the time of the marriage and his/her parent’s/guardians consent was not obtained prior to the marriage or if the parent’s /guardians consent was not given within six weeks of the marriage or application to declare the marriage void is made within 6 weeks of the minor attaining the age of majority (18).
  • Where one party, at the time of the marriage, was pregnant by a third party and the other party does not accept the pregnancy.
  • If one or both of the parties to a marriage are in material error (e.g. one of the parties are under the impression that he/she is entering into an engagement or concluding an ante nuptial contract).
  • If either of the parties to a marriage is permanently impotent at the time of the marriage (i.e. the inability to have sexual intercourse and consummate the marriage, and the other party is unaware of the impotency).
  • If the marriage was concluded under duress (i.e. force/threat)

Annulment Attorneys

Regardless of your location, our extensive network of attorneys is able to meet your needs. Our professional and proficient attorneys placed throughout the country are waiting to provide you with the best legal service.

We at M. P. Lutge Incorporated, a Durban based firm of attorneys, are the only firm you require for help with your Annulment.