Definition of Marriage Annulment
Annulment is a legal term referring to the termination of a marriage and declaring it "null and void," as if it had never occurred. Annulment can, legally speaking, only refer to the nullification of a marriage that is actually voidable--that is, it was actually invalid to begin with.
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Definition
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Annulment is often thought of in relation to divorce, but annulment is quite different. While divorce refers to the legal termination of the contract of marriage, annulment makes it as though that contract had never existed. Annulment is unique in that it renders a marriage null and void, for both religious and legal purposes.
Qualifications
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In the United States, the qualifications for marriage annulment are fairly limited. Eligibility for annulment includes the following circumstances: incest; mental incapacity (including intoxication); marriage resulting from threats or force; bigamy; marriage below the age of consent; failure or inability to consummate; and, in some cases, fraud, including the concealment of information such as impotence or sterility, sexually transmitted disease, or the presence of criminal history. A marriage's length is typically not a strong determining factor of whether annulment is an option for a couple seeking to end the marriage. However, annulment proceedings must be started within a specified time frame varying from state to state; in many states, annulment must be undertaken within four years of the marriage.
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Implications
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Because an annulment renders a marriage "as though it had never happened," it is usually free of the legal and financial entanglements that often result from divorce. Alimony (spousal support) and estate privileges are usually not options in cases of annulment. Children of annulled marriages are still considered legitimate, although in many states if a marriage has produced children, it cannot be annulled. Someone who reasonably and in good faith believed he was legally married can sometimes, under state law, be granted the same rights as someone who was legally married.
The Catholic Church
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The Catholic Church--which does not allow divorce--views marriage as a three-way contract between a man, a woman, and God; to be valid, the marriage must have been validly performed and entered willingly. An annulment is a later decision that, in God's eyes, there was not a validly contracted marriage, in spite of civil ordinance. The qualifications for such a decision are similar to those held under state law. The person requesting the annulment must present the appropriate forms, fees, and documents (such as baptismal certificates and marriage licenses) to a church tribunal, who will determine whether the marriage may be annulled. A church annulment does not legally annul a marriage. Since annulment is a determination that the marriage never occurred, the participants are free to remarry.
Alternatives
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Divorce is the best option when a couple wishes to end a marriage but the qualifications for annulment cannot be met. For a divorce, either party must prove legal grounds for terminating a marriage. A Judgment of Legal Separation is another alternative for married couples wishing to end the relationship. In cases of separation, the couple is typically physically separated (no longer cohabiting) and divides property and debt just as they would in a divorce. However, the husband and wife remain legally married (usually for tax, financial, or religious reasons) and cannot marry someone else.
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