Marriage annulment

A lawsuit for annulment of a marriage may be filed if the requirements for the existence and validity of that marriage have not been met

Requirements for existence of a marriage

Requirements for existence of a marriage are:

• The bride and groom have to be of the opposite sex
• The bride and groom have consented to entering into marriage
• The marriage was entered into in a civil or religious ceremony.

Requirements for validity of a marriage

Requirements for validity of a marriage are:

• Age of majority; by way of exception, a person who has reached the age of 16 may enter into marriage with court permission
• Legal capacity and the capacity to make decisions
• Inexistence of lineal and collateral kinship up to the degree prescribed by law
• Inexistence of another marriage or registered life partnership 

Any marriage entered into in contravention to the legal requirements is not valid and the annulment provisions can be applied to it.

Right to file a lawsuit

The following persons may file for annulment of a marriage:

• A marital spouse
• A Croatian social welfare institute
• A person having a legal interest
• A parent of an underage person who has reached the age of 16, but has not obtained court permission
• A person over the age of 18 within one year from reaching the age of 18 who was underage at the moment of entering into marriage, if the marriage was not entered into pursuant to court permission.