The Marriage Code of Ethiopia outlines diverse types of marriages and the fundamental conditions that regulate this sacred union. It mandates parties to adhere to these requirements, and failure to do so carries its own consequences. In this article, we will discuss the repercussions of violating these essential conditions of marriage as stipulated by Ethiopian Family Law.
Age
Marriage contracted by individuals under the age of eighteen faces potential dissolution, subject to the application of an interested party or the public prosecutor, as outlined in Article 7(2) of this Code.
Applications for dissolution on the grounds of age may only be submitted before reaching the legal age required for marriage.
Consanguinity or Affinity
Marriages violating consanguinity or affinity impediments can be dissolved upon the application of an interested party or the public prosecutor.
Bigamy
Bigamous marriages can be dissolved upon the application of either spouse or the public prosecutor.
Dissolution requests are not applicable if the former spouse of the bigamous marriage is deceased.
Dissolution of Marriage of a Judicially Interdicted Person
Marriages contracted by judicially interdicted individuals without court authorization may be dissolved upon the individual’s or guardian’s application to the court.
The judicially interdicted person can no longer apply for dissolution six months after the end of the disability.
The guardian’s application for dissolution is time-barred six months after discovering the marriage or, in any case, after the interdicted person’s disability has ceased.
Act of Violence
Individuals entering marriage under the influence of violence can seek dissolution from the court.
Applications for dissolution are time-bound to six months after the cessation of violence and, in any case, two years after marriage.
Error
Marriages entered into due to fundamental errors are eligible for dissolution upon application to the court.
Applications for dissolution must be made within six months of discovering the error and, in any case, within two years of marriage.
Period of Widowhood
Dissolution of marriage cannot be ordered solely based on non-compliance with the widowhood period specified in Article 16(1).
Incompetence of Officer of Civil Status
Dissolution of marriage cannot be ordered solely on the grounds of the incompetence of the officiating officer of civil status.
Non-Observance of Formalities
Dissolution of marriage cannot be ordered solely based on the non-observance of celebration formalities outlined in Article 25(3) and (6).
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