In short
The most common fear about an annulment is that it erases the past, and Article 412 says exactly the opposite for whoever acted in good faith. A marriage contracted in good faith by both spouses produces all the effects of a valid marriage until the day the judgment declaring its nullity becomes firm. If only one of the spouses acts in good faith, the marriage produces effects only as to them. And the article defines that good faith plainly: the spouse acts in good faith who marries with excusable ignorance of the fact or impediment causing the absolute or relative nullity of the tie. The section’s other articles order what remains. Article 413 says that, once nullity is declared, the capitulaciones signed on the marriage’s occasion cease to have effect, unless the spouse acting in good faith wants to use them to govern the couple’s economic interests: the choice is theirs and nobody else’s. Article 414 protects whoever had nothing to do with it: the declaration of nullity does not affect third parties who contracted in good faith with the spouses. Article 415 allows the annulment proceeding to adopt the same provisional protective measures available in divorce, and to apply the provisions governing the effects of divorce if needed to order the civil effects between the spouses and their children. And Article 416 gives the good-faith spouse a claim for damages suffered as a consequence of the other’s dolose conduct, with a procedural condition not to be overlooked: that claim must be filed in the nullity case and resolved in the judgment annulling the tie.
What is it?
It is Section Two of Chapter IV of Title III of Book Two of the Civil Code of 2020, Articles 412 to 416: what stands when a marriage is annulled.
Who can do it?
The spouses of a marriage whose nullity is sought or declared, and the third parties who contracted with them.
Requirements
- A marriage contracted in good faith by both spouses produces all the effects of a valid one until the nullity judgment becomes firm.Verified against the official source
- If only one acts in good faith, the marriage produces effects only as to them.Verified against the official source
- The spouse acts in good faith who marries with excusable ignorance of the fact or impediment causing the nullity.Verified against the official source
- Once nullity is declared the capitulaciones cease to have effect, unless the good-faith spouse wants to use them.Verified against the official source
- The declaration of nullity does not affect third parties who contracted in good faith with the spouses.Verified against the official source
- In the annulment proceeding the divorce’s provisional protective measures may be adopted and its effects applied.Verified against the official source
- The good-faith spouse may claim indemnity for damages from the other’s dolose conduct, within the nullity case itself.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Start from good faith
Article 412: good faith is marrying with excusable ignorance of the fact or impediment causing the nullity.
Step 2: If both had it, the past stands
The marriage produces all the effects of a valid one until the day the judgment becomes firm.
Step 3: If only one, the effects are theirs
Same article: the marriage produces effects only as to the spouse who acted in good faith.
Step 4: Decide about the capitulaciones
Article 413: they cease to have effect, unless the good-faith spouse wants to use them.
Step 5: Good-faith third parties are safe
Article 414: the declaration does not affect those who contracted in good faith with the spouses.
Step 6: Ask for the provisional measures
Article 415: the divorce ones may also be adopted during the annulment proceeding.
Step 7: Claim the damages in the same case
Article 416: the claim must be filed in the nullity case and resolved in that judgment.
Where to do it
These five articles describe no procedure before any agency. The Code does not define here what makes ignorance excusable, which is the hinge of the whole section. It does not say how good faith is proved or whether it is presumed. It does not say what becomes of the patrimonial position of the spouse who acted in bad faith, beyond the marriage producing no effects as to them. It does not specify which of the divorce’s measures and effects apply to an annulment and which do not, because Article 415 leaves it at whatever is necessary. And it does not say what happens to the damages claim if the nullity case ends without resolving it, although Article 416 requires filing it there. None of those gaps is filled here.
How long it takes
What to do if something goes wrong
The idea to shed is that annulling a marriage erases it from the start. For whoever married in good faith, Article 412 says the opposite: the marriage produces all the effects of a valid one until the day the nullity judgment becomes firm. And if only one of the two acted in good faith, the effects arise only as to them, which in practice means bad faith serves no one who had it. The definition is in the same article and is the piece you must be able to prove: the spouse acts in good faith who marries with excusable ignorance of the fact or impediment causing the nullity. What makes that ignorance excusable the article does not say, and nothing is invented here. The other decisions hang from that. With the capitulaciones, Article 413 obliges nobody: they cease to have effect by default, but the good-faith spouse may keep them if they suit for governing the couple’s economic interests; so read them before giving them up out of habit. For third parties, Article 414 is reassuring: whoever contracted in good faith with the spouses is not affected by the nullity. And two practical things are lost by not asking in time. The first: Article 415 allows the annulment proceeding to adopt the same provisional protective measures as divorce, and to apply its effects when the situation between the spouses and the children needs ordering; there is no need to wait for judgment to seek protection. The second, and the easiest to lose: if the other acted with dolo, Article 416 gives you a damages claim, but requires it be filed in the nullity case and resolved in the judgment annulling the tie. Leaving it for later is not what the article contemplates. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing nullity erases the marriage from the start: for the good-faith spouse it holds until the firm judgment.
- Forgetting that if only one acted in good faith, effects arise only as to them.
- Giving up the capitulaciones out of habit: the good-faith spouse may want to use them.
- Fearing nullity reaches whoever contracted in good faith with the couple: Article 414 protects them.
- Waiting for judgment to seek protection: Article 415 allows protective measures during the proceeding.
- Leaving the damages claim for a later suit: Article 416 requires filing it in the nullity case.
- Treating good faith as proved: the article defines it by excusable ignorance and does not say how it is shown.
- Looking here for the causes of nullity or voidability: they are in the previous section.
Frequently asked questions
If the marriage is annulled, is everything before erased?
Not for whoever acted in good faith. Article 412 keeps all the effects of a valid marriage until the judgment becomes firm.
And if only one of the two acted in good faith?
The same article says the marriage produces effects only as to that spouse.
What happens to the marital capitulaciones?
Article 413 leaves them without effect, unless the good-faith spouse wants to use them.
May I claim damages from the other spouse?
Article 416 allows the good-faith spouse to, for the other’s dolose conduct, filing it within the nullity case itself.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
Last verified
September 12, 2026
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