Married life is based on love, affection and mercy, and one of its purposes is procreation and procreation in order to create a strong and cohesive society, enhanced by factors of survival and stability. Therefore, the law gave both spouses the right to request the annulment of the marriage contract, according to the text of Articles (113-114) of the Federal Personal Status Law, which are:
If one of the spouses finds in the other a persistent ailment of repulsive or harmful defects, but the right to request annulment is forfeited if the other party knew of the defect before the contract and consented to it explicitly or implicitly.
An annulment is also entitled to request annulment, if one of the spouses has deceived the other, and this leads to the conclusion of the marriage contract, and the deception is intended to deceive one of the other suitors by fraudulent verbal or actual means that make him agree to the completion of the marriage contract, and he would not have been satisfied with any other means.
The law also gives this right in the case of childlessness as it is the purpose of marriage, as the law considers that the public interest requires the right to separate for this reason so that one of the spouses is not wronged by depriving him of children as long as he is able to bear children, but this right is restricted by several restrictions, including the absence of children for the applicant for annulment. Verification of the inability to have children with a medical report, the lapse of five years since the marriage and the treatment, and that the age of the applicant for annulment has not exceeded the age of forty years.
The forms of the right to request annulment also include the conviction of one of the spouses in one of the crimes committed on honor, provided that the crime is proven by a final court ruling, or that one of the spouses suffers from a contagious disease from which the other spouse is feared to die, and for fear of its transmission to the other spouse or their offspring, and the separation between them is obligatory.
In the context of facilitating spouses, the law decided that the differentiation for reasons should be an annulment of the marriage contract, not a divorce, and the difference between them is that divorce can only take place with the husband’s wording, his choice and his consent. As for the annulment, it takes place without the husband’s word and does not require his choice or consent.
Divorce has many reasons, but annulment is only for a reason that necessitates or permits it, and the annulment does not result in a decrease in the number of divorces that the husband has on his wife, and the annulment is in the valid and corrupt marriage contract, but divorce is only in the valid marriage contract and is considered one of its effects. Annulment before consummation and before being alone does not entail anything from the named dowry, because the annulment in this case is considered a violation of the original contract and considered as if it had not been. As for divorce, if it is signed by the husband before consummation or solitude, it entails the obligation of half of the named dowry for the divorced woman.
With the exception of these reasons, which the law stipulates exclusively, the husband does not have the option to annul the marriage contract if he finds in his wife a defect because he is able to pay the damage for himself by divorce.
Senior legal advisor