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Book 4 · Family law  ›  Title 3 · Annulment of marriage › Section 1314

Grounds of annulment

(1) A marriage may be annulled if it was concluded:

1.  contrary to section 1303 sentence 1, with a minor who, at the time the marriage was entered into, had reached the age of 16, or

2.  contrary to sections 1303, 1304, 1306, 1307 and 1311.

(2) In addition, a marriage may be annulled if

1.  a spouse was in a state of unconsciousness or temporary mental disturbance at the time the marriage was concluded;

2.  a spouse did not know, at the time the marriage was concluded, that a marriage was taking place;

3.  a spouse was induced to enter into the marriage by deceit as to circumstances that, had they been aware of the factual position and correctly appreciated the nature of marriage, would have prevented that spouse from entering into the marriage; this does not apply where the deceit relates to financial circumstances or was committed by a third party without the knowledge of the other spouse;

4.  a spouse was unlawfully induced to enter into the marriage by duress;

5.  both spouses were in agreement at the time the marriage was concluded that they did not intend to create a duty under section 1353 (1).

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