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Art. 106
III. Action for annulment 1 An action for annulment is brought ex officio by the competent cantonal authority at the domicile of the spouses; in addition, any interested party is entitled to bring such action.192 Provided this is compatible with their duties, the federal and cantonal authorities shall contact the authority competent for the action if they have reason to believe that there are grounds for annulment.193 2 If the marriage has been otherwise dissolved, the authority may no longer seek an annulment ex officio; however, any interested party may seek a declaration of annulment.194 3 An action for annulment may be brought at any time. However, an action for nullity on the grounds that either spouse was a minor when the partnership was registered may be instituted only before the spouse in question reaches 25 years of age.195 192 Amended by No I of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127). 193 Last sentence 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). 194 Amended by No I of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127). 195 Second sentence inserted by No I of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127). |