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Swiss Civil Code

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 105

B. An­nul­ment not sub­ject to a time lim­it

I. Grounds

 

Grounds for an­nul­ment are:

1.
that one of the spouses1 was already mar­ried at the time of the wed­ding and the pre­vi­ous mar­riage had not been dis­solved by di­vorce or by the death of the pre­vi­ous spouse;
2.
that one of the spouses lacked ca­pa­city of judge­ment at the time of the wed­ding and has not re­gained such ca­pa­city since;
3.2
that the mar­riage was pro­hib­ited due to kin­ship;
4.3
one of the spouses has no in­ten­tion of liv­ing with the oth­er, but wishes to cir­cum­vent the pro­vi­sions on the ad­mis­sion and res­id­ence of for­eign na­tion­als;
5.4
a spouse has not mar­ried of his or her own free will;
6.5
one of the spouses is a minor, un­less the con­tinu­ation of the mar­riage is in the over­rid­ing in­terest of this spouse.

1 Foot­note rel­ev­ant to Ger­man text only.
2 Amended by No 8 of the Civil Part­ner­ships Act of 18 June 2004, in force since 1 Jan. 2006 (AS 2005 5685; BBl 2003 1288).
3 In­ser­ted by An­nex No II 4 of the FA of 16 Dec. 2005 on For­eign Na­tion­als, in force since 1 Jan. 2008 (AS 2007 5437; BBl 2002 3709).
4 In­ser­ted by No I 3 of the FA of 15 June 2012 on Meas­ures against Forced Mar­riages, in force since 1 Ju­ly 2013 (AS 2013 1035; BBl 2011 2185).
5 In­ser­ted by No I 3 of the FA of 15 June 2012 on Meas­ures against Forced Mar­riages, in force since 1 Ju­ly 2013 (AS 2013 1035; BBl 2011 2185).