What is Annulment Law?

A legal annulment certifies that the marriage never had initial validity.

Annulment law refers to the legal process by which a couple seek to end their marriage by declaring that the married was invalid to begin with. According to Expert Law.com, once an annulment has been finalized, the law no longer recognizes the marriage as valid and it is as if the marriage never occurred.

Conditions for Annulment

A couple may be granted an annulment if one or both parties were mentally or physically incapable at the time of the marriage; if one or both parties were coerced into the marriage; if the couple were found to be biological relatives after the marriage occurred; or if one or both parties were already married at the time the marital union was formed.

Annulment Procedure

A couple wishing to receive an annulment usually seeks the counsel of a family law attorney. The attorney is then responsible for filing an annulment petition with the court. After the petition is accepted and processed, a judge determines whether or not valid grounds exist for an annulment. Issues such as property division and child custody are usually discussed and resolved prior to or during the final court hearing for annulment.

Annulment vs. Divorce

When a couple is granted a divorce, a decree of divorce is issued, certifying the dissolution of a once-valid marital bond. In the event of an annulment, the couple is issued a certificate declaring that the marriage was never validy. A couple usually seeks a divorce due to issues such as lack of communication, marital infidelity or financial problems. In contrast, couples seeking an annulment usually do so because of issues that were unknown or intentionally concealed before the union was formed.

Misconceptions

Many people view the concept of annulment as a religious proceeding only. However, annulment law involves actual civil proceedings and results in permanent legal ramifications and consequences. In addition, a couple's reasons for a legal annulment and a religious annulment may be vastly different. Finally, a couple can request a religious annulment before or after a civil divorce or annulment has already occurred.

Considerations

In some jurisdictions, an annulment may not be granted if the marital parties continued to live together after the discovery of fraud, deceit or incapability. In addition, a couple that is granted an annulment, as opposed to a divorce, may forfeit the opportunity to receive alimony or share in the marital estate, according to Expert Law.com.

References

• Expert Law.com