Annulment Annulment is like divorce in that the couple or a judge decides how to handle custody, property division, and support issues, but in the end, the court treats an annulled marriage as if it never happened. Although the grounds for annulment may vary from state to state, the following are the most common: one or both spouses is of "unsound mind" or mentally incapacitated and therefore unable to consent at the time of the marriage, for example if one or both were incapacitated due to consumption of alcohol or drugs one of the spouses was underage at the time of the marriage and did not have parental consent one spouse was still married to someone else bigamy the marriage was obtained by fraud, or the marriage is between blood relatives.
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Related Products More. Learn More About Our Lawyers. When you call us, you will be speaking with an attorney. One of our attorney referral counselors takes your call and talks with you about your legal question, or reviews your online referral request. Family Law Ending Your Marriage Annulment Annulment You can seek an annulment if you want to have a court declare that your marriage is no longer valid, even though it may have been valid when you first got married.
There are five reasons you can use to get an annulment of your marriage: Too young to give consent to get married — Marriage of any person under 18 needs the written consent of both parents. Marriage of any person under 16 also needs approval by order of a judge. If these requirements are not met, a spouse who is still under 18 or his or her parents or guardians can seek an annulment.
Lack of mental capacity to give consent to get married — If you or your spouse was mentally ill or otherwise mentally incapacitated at the time of the marriage, the marriage may be annulled for that reason while either spouse is alive.
Continuing to live together as a married couple after learning about the condition that could potentially invalidate the marriage is a typical example of ratification. The most obvious effect of an annulment is that it renders the marriage null and void. But there are other possible consequences. For example, it could impact a spouse's ability to get support alimony from the other spouse.
Likewise, it might affect a spouse's rights to property acquired during the marriage. So you should definitely consult with a family law attorney before making any decisions regarding annulment.
Most annulments come about relatively shortly after a marriage, although there can be exceptions. Some states won't allow an application for an annulment after a certain time period. To learn more about your state's annulment laws, see the Annulment section of our website. In answer to the question how soon can you get a divorce after marriage, state laws aren't usually restrictive. But remember that divorce laws are state-specific, so you'd have to check your state's statutes to determine divorce eligibility.
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Once an annulment has been granted, you are treated as if you have never been married which is completely different to a divorce because in the eyes of the law, the latter will be recorded. In family law in England and Wales, you can only apply for an annulment if you can prove that your marriage is void or voidable as set out in sections 11 and 12 of the Matrimonial Causes Act The difference between the two is that a void marriage is not a valid marriage, but a voidable marriage is a valid one until such time as a Decree Absolute of Nullity is pronounced.
Under family law in England and Wales, to claim that a marriage is void - not legal - there are five grounds:. When the courts rule that a marriage is indeed void, it is treated as though it never happened but you will still need to apply for a Nullity Decree as this will allow you to remarry. Unlike void marriages, a voidable marriage will be seen by the law as having been valid up until the date of annulment. For a civil partnership to be legal, it must meet certain criteria such as both parties being over the age of 16 and not married or not being a civil partner to someone else.
If you civil partnership does not meet these conditions, you can apply to the court to have the partnership annulled. Before you make any decisions, the best thing you can do is seek some family law advice to make sure this is the right option for you. If you are advised that it is, then you will need to fill in a nullity petition.
As a divorce lawyer in Liverpool, serving the Wirral and St Helens, please do get in touch with me - I am the only family law solicitor in the North West to offer a free no time limit first consultation meeting.
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