Annulment

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Subhadra Tells Abhimanyu that his Engagement to Vatsala has been Annulled, Scene from the Story of the Marriage of Abhimanyu and Vatsala, Folio from a Mahabharata ((War of the) Great Bharatas) LACMA M.82.225.2 (2 of 2)

Annulment is a legal procedure within civil law and religious law 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.

Overview

An annulment differs from a divorce in that it addresses the validity of the marriage at its inception. There are various reasons for seeking an annulment, and these can vary significantly between different legal jurisdictions and religions. Common grounds for annulment include bigamy, forced consent, fraud, mental incapacity, underage marriage, or the existence of a close blood relationship between the spouses.

Grounds for Annulment

Civil Annulment

Civil annulments are granted by a court and the grounds for annulment may include:

• Lack of consent: If one or both parties were forced or threatened into marriage, or were not of sound mind to consent.
• Fraud: If one party deceived the other about an essential aspect of the marriage.
• Impotence: If one party was physically incapable of consummating the marriage, and the other party was unaware of this incapacity before the marriage.
• Incest: If the parties are closely related by blood.
• Underage marriage: If one or both parties were below the legal age for marriage without necessary consent from parents or guardians.

Religious Annulment

Religious annulments are granted according to the rules of an individual's faith. For example, the Roman Catholic Church may grant a religious annulment if it finds that a marital covenant was never validly formed. Grounds for a religious annulment can include lack of consent, intent to be faithful, or openness to children.

Legal Effects

The legal effects of an annulment can vary. Generally, an annulment treats the marriage as though it never happened. However, some jurisdictions may provide for the division of property, and issues related to children (such as custody and child support) must still be resolved.

Comparison with Divorce

While both annulment and divorce dissolve a marriage, they operate under different principles. A divorce terminates a legally valid marriage, while an annulment declares that what was thought to be a valid marriage was void from the start.

Procedure

The procedure for obtaining an annulment varies between jurisdictions but typically involves filing a petition with a court or religious authority, providing evidence for the grounds of annulment, and sometimes appearing in court.

Controversy

Annulments, especially in religious contexts, can be controversial. Critics argue that they are often used as a loophole to circumvent religious prohibitions on divorce.

See Also

• Marriage
• Divorce
• Family law
• Religious law