Portugal, Detention of a U.k. Citizen

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Portugal, Detention of a U.k. Citizen

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Crime: the marriage can be notified as ineffective, if one spouse is imprisoned for murder or attempted murder of the spouse. Ban: the marriage is not valid if celebrated from whom at that time had been declared incapable for mental illness, or even if he was mentally ill and the decision on ban was announced after that.

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Mentally incompetent : one of the spouses may request cancellation if it provides evidence that he was mentally incompetent for any reason, even sudden, at the time of the celebration of the matrimonial ceremony. The petition for annulment cannot be presented if, after the attainment of full mental faculties, a spouse has lived with the other for more than a year.

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Violence or fear: marriage can be annulled if the marriage union was procured by physical or moral violence, or if it was caused by intense fear caused by exogenous factors. The repeal cannot be required if the spouses have lived together for at least one year after the end of the ill treatment or of the reasons that have determined the fear.

Error: one of the reason for the repeal is not only a mistake about the identity of the other, but also the decisive mistake (that have defined the consent) on personal characters relating to:

Existence of a physical or mental pathology or strangeness or sexual deviation, which hinders the progress of matrimonial life.

b. Existence of a sentence provision for not culpable offence (i.e. conscious and intentional) to imprisonment not lower than 5 years.

c. The notice of ordinary or professional delinquency.

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d. The sentence to a penalty not under 2 years for illicit relating to prostitution.