Chapter IV: Applications for nullity of marriage

A marriage that has been contracted without the free consent of both spouses, or of one of them, may only be challenged by the spouses, or by the one of the two whose consent was not free, or by the public prosecutor. The exercise of coercion on the spouses or one of them, including by reverential fear towards an ascendant, constitutes a case of nullity of the marriage. If there…

In the case of the preceding article, the application for nullity is no longer admissible after a period of five years from the marriage.

A marriage contracted without the consent of the father and mother, the ascendants, or the family council, in cases where such consent was necessary, may be contested only by those whose consent was required, or by the one of the two spouses who needed that consent.

An action for nullity may no longer be brought either by the spouses or by the parents whose consent was required, whenever the marriage has been expressly or tacitly approved by those whose consent was necessary, or when five years have elapsed without complaint on their part, since they became aware of the marriage. Nor may it be brought by the spouse, where five years have elapsed without a claim…

Any marriage contracted in contravention of the provisions contained in articles 144, 146, 146-1, 147, 161, 162 and 163 may be challenged, within thirty years of its celebration, either by the spouses themselves, or by all those who have an interest in it, or by the public prosecutor.

In all cases where, in accordance with Article 184, an action for nullity may be brought by all those who have an interest in it; it may not be brought by collateral relatives, or by children born of another marriage, during the lifetime of both spouses, but only where they have a born and present interest in it.

A spouse to whose prejudice a second marriage has been contracted may apply for its nullity during the lifetime of the spouse who was committed to it.

If the new spouses oppose the nullity of the first marriage, the validity or nullity of this marriage must be judged beforehand.

The public prosecutor, in all cases to which article 184, may and must request the nullity of the marriage, during the lifetime of both spouses, and have them ordered to separate.

Any marriage which has not been contracted publicly, and which has not been celebrated before the competent public officer, may be contested, within a period of thirty years from its celebration, by the spouses themselves, by the father and mother, by the ascendants and by all those who have a born and present interest therein, as well as by the public prosecutor.