Marriage Annulments in Costa Rica:
Marriage annulment in Costa Rica is a legal remedy used when a marriage is considered invalid from the very beginning. Instead of ending a valid marriage, an annulment asks the court to declare that the marriage should never have produced full legal effects. This is very different from a divorce, where the court accepts that the marriage was valid, but the relationship later broke down.
If you are a foreigner married in Costa Rica, you may wonder whether marriage annulment in Costa Rica is possible in your situation. Some people discover, after the wedding, that there was fraud, serious pressure, lack of mental capacity, or even a purely “paper” marriage arranged for immigration purposes. In these cases, Costa Rican family law offers specific grounds to request nullity or annulment before the Family Court.
Understanding annulment is important not only for your family status, but also for your residency, citizenship and marital property rights. A marriage that is declared null can affect residence permits, naturalization obtained through marriage, and how assets and duties between the spouses are treated. Because of this, you should always get tailored legal advice before making decisions.
This guide explains, in clear language, how marriage annulments in Costa Rica work, how they differ from divorce, and what happens in cases of sham marriages and immigration fraud. It is written from the perspective of a Costa Rican family lawyer who regularly assists international clients and mixed-nationality couples.
Annulment vs Divorce in Costa Rica
Although both procedures dissolve the marital bond in legal terms, a marriage annulment in Costa Rica is very different from a divorce. The essential distinction lies in the validity of the marriage itself. A divorce recognizes that a legitimate marriage existed but later broke down. An annulment, on the other hand, declares that the marriage was never valid from the start — it was void or voidable due to a defect in consent, capacity, or purpose.
In practical terms, an annulment of marriage in Costa Rica means that the union is treated as if it never existed in the eyes of the law. The parties return to their previous civil status as single, and the judgment orders the Civil Registry to cancel the marriage record. This is particularly relevant when one spouse obtained residency, nationality, or property rights based on the marriage, since those benefits may also be voided.
Divorce in Costa Rica is processed under the Family Code for causes such as incompatibility, infidelity, or abandonment. It is granted even when both spouses consent, through a “mutual divorce.” By contrast, marriage annulments in Costa Rica require proof that the marriage was invalid for legal reasons existing at the moment of celebration. The process is more technical, and evidence such as witness testimony, psychological reports, or notarial irregularities may be decisive.
Legal Grounds for Annulment in Costa Rica
Under the Costa Rican Family Code, an annulment can only be declared when there are valid legal grounds showing that the marriage was defective at the time it was celebrated. In a marriage annulment in Costa Rica, the court examines whether the consent, capacity, or formal requirements of the union were compromised in any way. The following are the most common causes for annulment recognized by law.
1. Lack of Consent or Defective Consent
A marriage requires the free and conscious will of both parties. If one of the spouses consented under fear, coercion, deception, or mistake regarding the identity of the other person, the marriage may be annulled. Costa Rican jurisprudence emphasizes that true consent is essential to the validity of marriage; without it, the bond never existed in the eyes of the law. This ground protects individuals who were pressured or misled into marriage.
2. Mental Incapacity at the Time of Marriage
If, at the moment of the ceremony, one of the parties lacked the mental ability to understand or decide freely — due to illness, intoxication, or cognitive disorder — the annulment of marriage in Costa Rica may be requested. The court can consider medical or psychological reports to determine whether genuine consent existed. When incapacity is proven, the marriage is voidable and can be declared null at the request of the other spouse or the legal guardian.
3. Impotence: Absolute or Relative
Costa Rican law allows annulment when one spouse suffers from absolute or relative impotence that existed before the marriage and is incurable. This refers not to fertility but to the inability to engage in normal marital relations. In cases of relative impotence — where the condition affects only one partner — either spouse may bring the action. For absolute impotence, only the unaffected spouse can request annulment. After two years without filing, the marriage becomes legally validated.
4. Incompetent or Unauthorized Official
A marriage may be annulled when it was performed by a notary or official without proper authority. This type of annulment is rare but important, as notarial errors or forged credentials can render the entire act invalid. In such cases, the court orders the Civil Registry to remove the record and restore the parties’ prior civil status.
5. Simulated or Sham Marriage (Matrimonio Simulado)
A simulated marriage occurs when the ceremony complies with legal formalities but the spouses never intended to form a real union. These are often called “marriages of convenience” and may involve immigration or financial fraud. Costa Rican law (Articles 11, 12 bis, 14 bis, and 19 of the Family Code, as reformed by Law No. 8781 of 2009) declares that such marriages are null and without legal effect. The court can annul them at the request of either spouse, the Civil Registry, the Immigration Directorate, or any person affected — always under representation of the Procuraduría General de la República.
The Supreme Court’s Second Chamber has confirmed in judgments 512-2016 and 287-2016 that sham marriages celebrated for money or immigration benefits constitute fraud and are null ab initio. Even if they occurred before the 2009 reform, the absence of real consent made them invalid under general principles of civil law.
Procedure Before the Family Court
The marriage annulment process in Costa Rica is a formal judicial proceeding filed before the Family Court (Juzgado de Familia). It is governed by the Código Procesal de Familia (Family Procedural Code) and follows the structure of a resolutivo familiar process — one of the specific procedural categories defined in Article 212 of the Code.
Unlike a divorce, which focuses on dissolving a valid marriage, an annulment seeks a judicial declaration that the marriage was never legally valid due to a fundamental defect in consent, capacity, or legality.
Who can file for Annulment of Marriage?
According to Articles 64 and 65 of the Family Code (Código de Familia), the annulment may be requested by:
Either spouse (cualquiera de los cónyuges);
The Director of the Civil Registry (Director del Registro Civil);
The Director of Immigration (Dirección General de Migración y Extranjería); or
Any person affected by the simulated marriage (cualquier persona perjudicada).
When the action is filed by a public institution, the Procuraduría General de la República (Attorney General’s Office) must represent the State in court. This ensures the legitimacy of the process and protects public interest in cases of fraud or misuse of marriage for immigration purposes.
Filing the Annulment Petition
The process begins with a written complaint (demanda) drafted by an attorney and submitted to the competent Family Court. According to Article 215 of the Family Procedural Code, every petition must include:
The identification and address of both parties;
A clear narrative of the facts supporting the claim;
The main and subsidiary pretensions (pretensiones), citing the legal grounds;
Any claim for damages, if applicable;
The offered evidence (pruebas) and attached documents; and
A statement of any related pending cases involving the same parties.
Once filed, the court reviews the petition for admissibility and issues a resolution admitting the claim (auto de admisibilidad). The respondent spouse is then formally notified and granted a period to answer. If one of the parties resides abroad, the court may use international judicial cooperation or embassy notification channels.
Hearing and Evidence
After the initial exchange of pleadings, the court schedules a preliminary hearing (audiencia preliminar) to organize evidence, verify procedural validity, and promote potential conciliation. If no agreement is reached, the case proceeds to the evidentiary hearing (audiencia de juicio), where both parties present testimony, expert opinions, and documents.
Because annulment cases often involve delicate issues such as fraud, psychological incapacity, or simulation, expert and witness evidence plays a decisive role in the court’s final decision.
Judgment and Registration
Once all evidence is analyzed, the judge issues a final judgment (sentencia definitiva) declaring the marriage either valid or null. If annulled, the court orders the Civil Registry (Registro Civil) to cancel the marriage entry, and any derivative acts such as residency or nationality granted on its basis.
Under Article 66 of the Family Code, annulment produces full civil effects in favor of the spouse acting in good faith, and for the children. The spouse acting in bad faith loses marital rights but remains bound by obligations toward the children.
Constitutional Framework and Jurisprudence
In Costa Rica, marriage annulments (nulidades matrimoniales) are governed not only by the Family Code (Código de Familia) but also by a constitutional principle that protects marriage as the foundation of the family. Article 11 of the Code defines marriage as a union aimed at life in common, cooperation, and mutual assistance (“vida en común, cooperación y mutuo auxilio”).
However, the Costa Rican legal system also recognizes that not every union fulfilling formal requirements reflects a genuine marital intention. In 2009, Law No. 8781 introduced the concept of the sham or simulated marriage (matrimonio simulado), through Articles 12 bis and 14 bis of the Family Code. These provisions establish that a marriage lacking a true will to create family life — for example, one celebrated solely for economic gain or immigration benefits — is null and void (nulo de pleno derecho).
The Constitutional Chamber (Sala Constitucional) and the Second Chamber of the Supreme Court (Sala Segunda) have repeatedly confirmed that simulation in marriage constitutes a form of fraud against the law (fraude de ley). In the leading decisions No. 512-2016 and No. 287-2016, the Court declared null marriages entered into between Costa Rican and foreign nationals where the purpose was merely to secure financial compensation or migratory advantages.
Both judgments emphasized that, even though the ceremonies met all legal formalities, the lack of genuine consent rendered the unions civilly nonexistent from their inception (inexistentes desde su origen).
These rulings, alongside Opinion OJ-63-2009 of the Procuraduría General de la República, align Costa Rica with comparative European standards, recognizing that sham marriages are incompatible with the essential purposes of marriage and may be annulled either upon request of a spouse, the Civil Registry, the Immigration Authority, or any affected third party — all represented in court by the Attorney General’s Office (Procuraduría General).
Legal Effects of a Marriage Annulment
When a marriage is declared null or annulled (nulo o anulado), the law treats it as though it never existed (como si nunca hubiese existido).
However, Costa Rican law protects the good faith spouse (cónyuge de buena fe) and the children of the union.
According to Article 66 of the Family Code, the annulment produces all civil effects in favor of the spouse who acted in good faith and for the children, while it has negative consequences only for the bad faith party (cónyuge de mala fe).
This means that property rights, alimony, and even parental responsibilities may still be recognized to protect innocent parties.
In addition, the law presumes good faith unless proven otherwise.
For example, if one spouse entered the marriage unaware of the simulation, that person will not lose their civil rights — even though the marriage is declared void.
The principle behind this rule is fairness (equidad): the person deceived by fraud should not suffer the same legal consequences as the one who committed it.
Another important effect relates to immigration status.
Under Article 19, when a marriage annulment involves a sham marriage used to obtain residence or naturalization, the judgment will automatically trigger the cancellation of immigration benefits and any related registry entries.
This restores the situation that existed before the marriage and prevents the misuse of Costa Rican nationality or residency permits.
Annulment vs. Divorce in Costa Rica
Many foreigners and residents confuse annulment with divorce, but they are legally very different.
A divorce ends a valid marriage (matrimonio válido), while an annulment declares that a marriage was never valid from the start (nunca fue válido desde su origen).
In other words, divorce dissolves a real bond; annulment erases a defective one.
Divorce applies when the marriage existed but later broke down for diverse legal grounds.
Annulment, on the other hand, applies when essential requirements were missing from the beginning — for instance, lack of genuine consent, incurable impotence, or a simulated marriage for money or immigration purposes.
Another key distinction lies in the judicial consequences. After a divorce, the parties may remarry freely once the judgment becomes final. In contrast, after an annulment, the record of the marriage is canceled in the Civil Registry, and all rights arising from that union — such as property or nationality — are reversed.
Both processes are handled by the Family Courts, but annulment cases require more documentary and testimonial evidence, because the claimant must prove the absence of valid consent at the time of marriage.
In summary, divorce ends a relationship that once existed; annulment confirms that the relationship never legally existed in the first place.
Legal Guidance and Representation
Annulment proceedings in Costa Rica require precise legal handling, especially when foreign documents, immigration issues, or public registry annotations are involved.
At CPG Legal, we represent both Costa Rican and international clients in all family law proceedings, including marriage annulments, divorces, custody disputes, and asset protection matters.
Our team ensures that every case is handled with confidentiality, professionalism, and full bilingual support.
If you believe your marriage may be invalid or simulated, it is crucial to seek legal advice.
We can help you determine whether your situation qualifies for an annulment under Costa Rican law, prepare the evidence, and represent you throughout the process.
For related matters, such as marriages, divorces, prenuptial agreements, child support, and asset division visit our dedicated Family Law section.
Dr. Christopher Pirie.