Annulment of Marriage

There are things which you are not supposed to do. People must have warned you and exasperatedly told you how you are acting like a fool. But of course, that mustn't have stopped you from crossing into the no-man's land. You must have shrugged off all these warnings and prophesies of doom and walked down the aisle with the person you thought you were meant to be with. So after committing mother of all follies by saying "I Do" to a not-so-right person, do you feel trapped and think it's too late? Does the word 'divorce' keeps cropping up in your mind. Wait, there is another way with which you can get rid of this self-inflicted pain in the neck, and that is annulment of marriage. Before I go on, remember that this is just a suggestion and you can weigh this option as an answer to your failed marriage, but be careful not to rush into any foolhardy decision again.

Annulment of Marriage

Now that I lectured you and kind of reprimanded you for rushing into , let me explain what's the whole deal about annulment of marriage. If you have seen the movie 'Laws of Attraction', you would know how two real life divorce lawyers, Pierce Brosnan and Julianne Moore, get married after a bout of drinking and then scamper to get a marriage annulment, and still fail to do so. I guess they should have gone to a better . Since I am no lawyer, I can tell you what is annulment of marriage in layman's terms. So here it goes.

In , annulment of marriage is a procedure by which a legally valid marriage is held null and void. That is, the marriage never existed in the eyes of the law. However, it is not easy to get any failed marriage annulled. There are certain of marriage which have to be proved substantially in the court of law.

Grounds for Annulment of Marriage Married couples who are close blood relatives can have their marriage annulled. In the eyes of the law, parent and child, brother and sister, aunt/uncle and nephew/niece, grandparent and grandchild are not legally allowed to marry. Hence, such a marriage is dissolvable and can be declared null. Another legal reason which is cited for annulment of marriage, is a fraudulent marriage. A marriage is declared fraud when it is not consummated and done for any ulterior purposes by both the parties. For example, if two people enter into the contract of marriage for the sole purpose of attaining a green card for one of them, then it's believed to be a fraudulent marriage. If a person marries someone, only to find out that the identity of his spouse is fake, that is, the person has been cheated into a marrying a non-existent person, then this person can appeal to court for an annulment of marriage. When one of the party in marriage contract, is coerced, forced, or under duress, physically or emotionally, then it can be considered as one of the apt grounds for annulment of marriage. Blackmailing someone into marriage is not legal, and hence, can lead to voidable marriage. If a person has made marriage vows under the influence of intoxication, then he/she can apply for an annulment of marriage. But do remember that this is quite difficult to prove as he/she has to prove that he/she was intoxicated beyond comprehensibility and was not responsible for his/her actions. Sexually transmitted diseases, impotency, unsound health of mind, and criminal behavior are a few other reasons which can be used to declare a marriage non-existent. If you had the knowledge that your spouse is suffering or abetting in the above mentioned grounds, prior to the wedding, and still you went along with it, then it would be difficult to get to an annulment. However, a good might be able to accomplish it. If at the time of marriage, you spouse wasn't legally single, then you can apply for an annulment of marriage. For a marriage to consummate between two people, both parties have to legally unmarried. If your spouse is still married or 'separated, not divorced' at the time of entering into marriage with you, then he/she is considered to have a valid marriage to his/her first spouse and your marriage would be nullified. If your spouse first marriage is annulled and he/she was married to you before annulment, then also you can opt for annulment of marriage. Age is also important factor when it comes to contract of marriage. You can get an annulment of marriage if you or your spouse were not of marriageable age at the time of marriage. Both the parties have to be of legal age for marriage, as child marriage is prohibited in most parts of the world. In most states of the US, the minimum age required for a valid marriage is 16 years, and you have to get a special permit from the court to marry if you are below 16 years of age. Divorce and Annulment of Marriage

Ending a marriage is a heart wrenching task regardless of the duration of the marriage. Divorce or annulment should be taken only when you have given it considerable thought and there is no way you can repair your damaged relationship. The discussion on has been going forever. Although, you should consider divorce as one of the options too. Divorce differs from annulment of marriage in the aspect that it ceases a valid marriage from existing, whereas an annulment declares a marriage non-existent from the beginning. If you are mulling over the status of your children born into this marriage, then you need not worry as they would be considered legitimate by birth. And just like in , the assets would be equally distributed amongst the couple in an annulment of marriage. Read more on:

Now that you have gone through the various aspects regarding getting a marriage annulled, I hope that you got all the answers to your queries. Before I leave you to deal with this issue, I suggest you to hire a good divorce attorney, as your spouse would definitely get one, and get mentally prepared for a legal battle as it is known to get ugly. Whether it's annulment of marriage or whatever you decide, I wish you good luck.