Annul

Annul

Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. However, in some jurisdictions, the marriage may be considered void only from the date of the annulment.

Legal Grounds for Annulment

Annulment can be sought for a variety of reasons, which can vary significantly between different legal systems. Common grounds for annulment include:

• Fraud or Misrepresentation: One party was deceived about a significant fact that was central to the marriage.
• Concealment: One party hid a major fact, such as a criminal record, addiction, or disease.
• Impotence or Inability to Consummate the Marriage: One party is physically unable to have sexual intercourse and this was not disclosed before marriage.
• Lack of Consent: One or both parties were forced or coerced into the marriage.
• Underage Marriage: One or both parties were below the legal age of consent and did not have parental permission.
• Bigamy: One party was already married to someone else at the time of the marriage.

Religious Annulment

In addition to civil annulments, many religious institutions have their own procedures for annulment. For example, in the Catholic Church, an annulment is a declaration that a marriage was not valid according to Church law. This process is separate from civil annulment and involves a tribunal that examines the circumstances surrounding the marriage.

Catholic Annulment

The Catholic Church teaches that marriage is a sacrament and a covenant that cannot be dissolved. However, if it can be shown that a valid marriage never existed, the Church can issue an annulment. Grounds for annulment in the Catholic Church include lack of consent, psychological incapacity, and failure to adhere to canonical form.

Effects of Annulment

The effects of an annulment can vary depending on the jurisdiction and whether the annulment is civil or religious. Generally, an annulment means that the marriage is considered never to have existed. This can affect:

• Property Division: Since the marriage is considered void, property division may revert to the state prior to the marriage.
• Children: Children born in an annulled marriage are usually considered legitimate, and custody and support issues are handled similarly to divorce.
• Remarriage: After an annulment, both parties are free to remarry, as the marriage is considered never to have existed.

Annulment vs. Divorce

While both annulment and divorce dissolve a marriage, they are fundamentally different. Divorce ends a legally valid marriage, while annulment declares that a marriage was never legally valid. This distinction can have significant legal and religious implications.

See Also

• Divorce
• Marriage
• Legal Separation
• Catholic Church

References

• "Annulment." Legal Information Institute, Cornell Law School. [1]
• "Annulment in the Catholic Church." United States Conference of Catholic Bishops. [2]